H-3333              _______________________________________________

                                                   HOUSE BILL NO. 2731

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Wolfe, Braddock, Prentice, Brooks, Sprenkle, D. Sommers, Chandler, Kremen, Wineberry, Bowman, Nealey, Ballard, Padden, Walker, Beck, Brumsickle, Winsley, Youngsman, Basich, Smith, Moyer, Wang, Silver, Tate, Miller, Doty, Schoon, Hankins and Day

Read first time 1/19/90 and referred to Committee on Health Care.

AN ACT Relating to medical services provided to low-income persons by retired physicians; adding new sections to chapter 18.71 RCW; adding new sections to chapter 48.22 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that low-income citizens are often unable to afford needed medical care.  The legislature further finds that there are retired physicians who are qualified to provide needed medical services to low-income persons but no longer carry medical malpractice liability insurance.  The legislature intends to allow qualified retired physicians to provide medical services without compensation to low-income citizens with medical malpractice liability insurance coverage provided by an insurance pool.

NEW SECTION. Sec. 2.  A new section is added to chapter 18.71 RCW to read as follows:

          (1) The secretary of health may issue a special limited license to qualified retired physicians that will permit the physician to provide medical care to low-income citizens.  The license shall be valid only for providing medical care without compensation to low-income citizens in a designated low-income or nonprofit health care provider clinic or in a for-profit clinic only during time that the clinic designates as nonprofit.

          (2) A special license may be issued only to a retired physician who was previously licensed in this or another state as a physician and whose license was not suspended or revoked at the time he or she retired.

          (3) Retired physicians shall meet the same educational and continuing education requirements as physicians who hold a regular license under this chapter.

          (4) The special license shall cost five dollars annually.

          (5) Holders of the special license shall be subject to the same professional and disciplinary standards as physicians who hold a regular license under this chapter.

NEW SECTION. Sec. 3.  A new section is added to chapter 18.71 RCW to read as follows:

          Nonprofit health care provider clinics or for-profit clinics that designate certain hours as nonprofit shall register with the secretary of health and shall designate those hours during which they would serve as low-income or nonprofit clinics.

NEW SECTION. Sec. 4.  A new section is added to chapter 48.22 RCW to read as follows:

          The Washington state medical malpractice insurance pool for retired physicians is created.  All insurers that possess a certificate of authority to write medical malpractice insurance within the state are members of the pool.  Every such insurer shall remain a member as a condition of its authority to transact business in this state.

NEW SECTION. Sec. 5.  A new section is added to chapter 48.22 RCW to read as follows:

(1) A retired physician who holds a special license or a nonprofit health care provider clinic or clinic that has designated nonprofit hours and registered in accordance with section 2 of this act may apply to the pool to purchase medical malpractice liability insurance, and the pool shall offer a policy with liability limits of at least five hundred thousand dollars per occurrence.  The policy shall cover only treatment and services provided to low-income patients without remuneration to the physician.

          (2) Premiums for the policies provided in accordance with subsection (1) of this section shall be paid by the state from funds raised by a ten dollar surcharge on all nondomestic civil filings in superior court.

          (3) The commissioner shall establish a reasonable plan for the establishment of such pool by July 1, 1990.

          (4) The commissioner may adopt rules necessary to ensure the efficient, equitable operation of the pool.