SENATE BILL REPORT

SB 5501

BYSenators West, Wojahn, Niemi, Johnson and Amondson; by request of Department of Corrections

Modifying indemnification of contract providers to the department of corrections.

Senate Committee on Health Care & Corrections

Senate Hearing Date(s):February 9, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5501 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Vice Chairman; Amondson, Kreidler, Niemi.

Senate Staff:Kris Zabriskie (786-7439)

                  February 17, 1989

AS REPORTED BY COMMITTEE ON HEALTH CARE & CORRECTIONS, FEBRUARY 16, 1989

BACKGROUND:

The Department of Corrections contracts with health care practitioners to provide some medical services to prison inmates.  Malpractice insurance coverage for physicians serving prison inmates has become virtually impossible to obtain in the last few years.  For this reason, the department has experienced difficulty in attracting physicians to serve the inmate population.

In order to attract physicians, the department has been including an indemnification provision in its contracts with health care practitioners for the last few years.  It allows the department to assume liability resulting from any action, claim or proceeding instituted against a practitioner who performs services in good faith on behalf of the department.  The department does not have written statutory authority to assume this contractual liability, so there is concern that the provision might be inadequate to protect physicians.

SUMMARY:

The Secretary of the Department of Corrections may enter into contracts with health care practitioners or other entities as may be necessary to provide basic medical care to inmates.  The secretary may provide for indemnification of health care practitioners from liability on any claim where the practitioner acted in good faith to perform services on behalf of the department.

The department may also develop and implement a health services plan for the delivery of health care services to inmates.

EFFECT OF PROPOSED SUBSTITUTE:

The Department of Corrections is directed to enter into contracts to indemnify health care practitioners only when those practitioners are unable, upon showing reasonable effort, to obtain professional liability insurance on their own.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 27, 1989

Senate Committee - Testified: Edith Rice, Gary Banning, Department of Corrections (pro); Colin A. Romero, M.D. (pro)