S-3093               _______________________________________________

                                   SENATE CONCURRENT RESOLUTION NO. 8413

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators West and Kreidler

Read first time 4/7/89 and referred to Committee on Health Care & Corrections.

WHEREAS, The legislature recognizes that there is limited access to necessary basic health care services because providers are unable or unwilling to provide care due to the implications of professional liability; and

          WHEREAS, There are many factors that contribute to the availability of health care such as the high cost of professional liability insurance; and

          WHEREAS, The legislature further recognizes that the high cost of professional liability insurance has had a particularly adverse effect on the availability of prenatal and obstetrical care services and that this presents a public health threat; and

          WHEREAS, The legislature concludes that further study of the problem is needed;

          NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That there be created a Joint Select Commission on Professional Liability; and

          BE IT FURTHER RESOLVED, That the Commission shall consist of two members from each of the two main political caucuses in both the Senate and the House of Representatives who are to be appointed by the President of the Senate and the Speaker of the House of Representatives respectively; and

          BE IT FURTHER RESOLVED, That the Commission shall select a chair and vice-chair from its membership; and

          BE IT FURTHER RESOLVED, That the Commission shall be staffed, to the extent possible, by staff from the Senate Committee on Health Care and Corrections and House of Representatives Health Care Committee; and

          BE IT FURTHER RESOLVED, That the Commission may form technical advisory committees to assist it with any particular matters deemed necessary by the Commission; and

          BE IT FURTHER RESOLVED, That the Commission and technical advisory committee members shall receive no compensation, but shall, to the extent funds are available, be reimbursed for their expenses while attending any meetings in the same manner as legislators engaged in interim committee business as specified in RCW 44.04.120; and

          BE IT FURTHER RESOLVED, That the sum of ten thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the Joint Select Commission on Professional Liability for the purpose of conducting the study and the Senate Facilities and Operations Committee may authorize expenditures for necessary expenses related to commission activities; and

          BE IT FURTHER RESOLVED, That the Commission may apply for and receive and accept grants, gifts, and other payments from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies or to defray the cost to the state of travel expenses of the membership; and

          BE IT FURTHER RESOLVED, That the Commission shall undertake a comprehensive evaluation of the effect of professional liability on health care services availability and access in Washington state and shall conduct research on issues it determines relevant including quantifying the financial effects of professional liability on health care reimbursement,  determining the effects of nonmonetary factors upon the availability of and access to appropriate health services including prenatal and obstetrical services, evaluating the impact of the following proposals on the availability of health care:  Indemnification by the state health care providers, creation of a system of no fault compensation for patients injured by health care services paid by the state, payment by the state of liability insurance premium on a prorated basis for providers and use of dispute resolution systems such as mandatory arbitration; and

          BE IT FURTHER RESOLVED, That the Commission whenever feasible utilize existing research on the subject and evaluate the effectiveness of programs implemented by other states; and

          BE IT FURTHER RESOLVED, That the Commission shall report its findings and any recommendations for legislation to the senate and house of representatives standing committees on health care by December 1, 1990.