1469-S AAS 4/14/93 S2847.1
SHB 1469 - S COMM AMD
By Committee on Health & Human Services
ADOPTED 4/14/93
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.48.130 and 1986 c 118 s 9 are each amended to read as follows:
It is the intent of the legislature that all jail inmates receive appropriate and cost-effective emergency and necessary medical care. Governing units, the department of social and health services, and medical care providers shall cooperate to achieve the best rates consistent with adequate care.
Payment for emergency
or necessary health care shall be by the governing unit, except that the
department of social and health services shall directly reimburse the ((governing
unit for the cost thereof if the confined person requires treatment for which
such person is eligible under the department of social and health services'
public assistance medical program)) provider pursuant to chapter 74.09
RCW, in accordance with the rates and benefits established by the department,
if the confined person is eligible under the department's medical care programs
as authorized under chapter 74.09 RCW. After payment by the department, the
financial responsibility for any remaining balance, including unpaid client
liabilities that are a condition of eligibility or participation under chapter
74.09 RCW, shall be borne by the medical care provider and the governing unit
as may be mutually agreed upon between the medical care provider and the
governing unit. In the absence of mutual agreement between the medical care
provider and the governing unit, the financial responsibility for any remaining
balance shall be borne equally between the medical care provider and the
governing unit. Total payments from all sources to providers for care rendered
to confined persons eligible under chapter 74.09 RCW shall not exceed the
amounts that would be paid by the department for similar services provided
under Title XIX medicaid, unless additional resources are obtained from the
confined person.
As part of the screening process upon booking or preparation of an
inmate into jail, general information concerning the inmate's ability to pay for medical care shall be identified, including insurance or other medical benefits or resources to which an inmate is entitled. This information shall be made available to the department, the governing unit, and any provider of health care services.
The governing unit or
provider may obtain reimbursement from the confined person for the cost of
((emergency and other)) health care ((to the extent that such person
is reasonably able to pay for such care)) services not provided under
chapter 74.09 RCW, including reimbursement from any insurance program or
from other medical benefit programs available to ((such)) the
confined person. Nothing in this chapter precludes civil or criminal
remedies to recover the costs of medical care provided jail inmates or paid for
on behalf of inmates by the governing unit. As part of a judgment and
sentence, the courts are authorized to order defendants to repay all or part of
the medical costs incurred by the governing unit or provider during
confinement.
To the extent that a
confined person is unable to be financially responsible for medical care and is
ineligible for ((financial assistance from the department or from a private
source)) the department's medical care programs under chapter 74.09 RCW,
or for coverage from private sources, and in the absence of an interlocal
agreement or other contracts to the contrary, the governing unit may obtain
reimbursement for the cost of such medical services from the unit of
government whose law enforcement officers initiated the charges on which the
person is being held in the jail: PROVIDED, That reimbursement for the cost of
such services shall be by the state for state prisoners being held in a jail
who are accused of either escaping from a state facility or of committing an
offense in a state facility.
There shall be no right of reimbursement to the governing unit from units of government whose law enforcement officers initiated the charges for which a person is being held in the jail for care provided after the charges are disposed of by sentencing or otherwise, unless by intergovernmental agreement pursuant to chapter 39.34 RCW.
((This section is
not intended to limit or change any existing right of any party, governing
unit, or unit of government against the person receiving the care for the cost
of the care provided or paid for.))
Under no
circumstance shall necessary medical services be denied or delayed ((pending))
because of disputes over the cost of medical care or a determination of
financial responsibility for payment of the costs of medical care provided
to confined persons.
Nothing in this section shall limit any existing right of any party, governing unit, or unit of government against the person receiving the care for the cost of the care provided.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
SHB 1469 - S COMM AMD
By Committee on Health & Human Services
ADOPTED 4/14/93
On page 1, line 2 of the title, after "persons;" strike the remainder of the title and insert "amending RCW 70.48.130; and declaring an emergency."
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