H-836                _______________________________________________

                                                   HOUSE BILL NO. 1141

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Sprenkle, Day, Moyer, Scott, Appelwick, Heavey, Zellinsky, Padden, R. King, Kremen, Schmidt, Hargrove, Holm, Winsley and Schoon

Read first time 2/27/87 and referred to Committee on Health Care.  Referred to Committee on Judiciary 3/4/87.

AN ACT Relating to limiting the actions which can be brought against participants in the health care peer review process; and adding a new chapter to Title 7 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds the assurance of quality and cost-effectiveness in the delivery of health care can be assisted through the review of health care by health care professionals.  It also recognizes that some peer review decisions may be based on factors other than competence or professional conduct.  Although it finds that peer review decisions based on matters unrelated to quality and utilization review need redress, it concludes that it is necessary to balance carefully the rights of the consuming public who benefit by peer review with the rights of those who are occasionally hurt by peer review decisions based on matters other than competence or professional conduct.

          The legislature intends to foreclose federal antitrust actions to the extent Parker v. Brown, 317 U.S. 341 (1943), allows and to permit only those actions in sections 2 and 3 of this act.

NEW SECTION. Sec. 2.     Pursuant to P.L. 99-660 Sec. 411(c)(2), Title IV of that act shall apply in Washington state as of the effective date of this section.

NEW SECTION. Sec. 3.     (1) This section shall provide the exclusive remedy for any action taken by a professional peer review body of health care professionals that is found to be based on matters not related to the competence or professional conduct of a health care practitioner or health care entity.

          (2) Actions shall be limited to appropriate injunctive relief, and damages shall be allowed only for lost earnings directly attributable to the action taken by the professional review body, incurred between the date of such action and the date the action is functionally reversed by the professional peer review body.

          (3) Reasonable attorneys' fees and costs as approved by the court shall be awarded to the  prevailing party, if any, as determined by the court.

          (4) The statute of limitations for actions under this section shall be one year from the date of the action of the professional review body.

NEW SECTION. Sec. 4.     Nothing in this chapter limits or repeals any other immunities conferred upon participants in the peer review process contained in any other state or federal law.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 7 RCW.