H-3223.4  _______________________________________________

                          HOUSE BILL 2311

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Morris, Long, L. Johnson, Padden, Ogden, Edmondson, Orr, Mastin, Conway, Brown, Kessler, Linville, Kremen, Sommers, H. Myers and Shin

Read first time 01/12/94.  Referred to Committee on Corrections.

Requiring that health care for inmates equal coverage of the basic health plan.

    AN ACT Relating to health care services for inmates; and amending RCW 72.10.020 and 72.10.030.

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

    Sec. 1.  RCW 72.10.020 and 1989 c 157 s 3 are each amended to read as follows:

    The department ((may)) shall develop and implement a health services plan for the delivery of health care services to inmates in the department's custody((, at the discretion of the secretary)).  The plan shall include a schedule of services that meets the coverage for subsidized enrollees in the basic health plan, chapter 70.47 RCW.  Coverage may exceed the coverage for subsidized enrollees only if approved by the secretary to comply with federal requirements or if an inmate purchases additional health care coverage with his or her own funds.  The schedule of services under this section shall be the same as that defined by the health services commission as the uniform benefits package design under RCW 43.72.130 and approved by the legislature under RCW 43.72.180.

    Sec. 2.  RCW 72.10.030 and 1989 c 157 s 4 are each amended to read as follows:

    (1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to inmates.  The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.

    (2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department.  The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees.

(3) The secretary shall include in the contract a requirement that the contractor comply with the health services plan under RCW 72.10.020.

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