6243 AMH PELE CANZ 23

SB 6243 ‑ H AMD 445 ADOPTED 3-1-96

By Representatives Pelesky, Stevens and others

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  The legislature finds a fundamental difference between providing certain health care services to inmates who are under a sentence of death or whose death sentence is under appellate review and providing such services to inmates who have been sentenced to life or to a lesser term.  The people of Washington state should not be required to provide or pay for health care services not otherwise constitutionally required for inmates who are under a sentence of death or whose death sentence is under appellate review.

NEW SECTION. Sec. 2.  A new section is added to chapter 72.10 RCW to read as follows:

     (l) For an inmate who is under a sentence of death or whose

death sentence is under appellate review, the department may provide basic, non‑emergency health care services, including administration of medication necessary for pain relief or to prevent infection or contagion, but shall not use any public funds to provide a life‑saving health care procedure.  The department may, however, provide procedures such as cardiopulmonary resuscitation, the Heimlich maneuver, and other similar, basic emergency life-saving procedures.

     (2) For purposes of this section, the term "life‑saving health care procedure" means a medical or surgical treatment or intervention to sustain, restore, or replace a bodily function,  where failure to perform the treatment or intervention may result in the inmate's death. This term includes, but is not limited to, open‑heart surgery, organ transplants, bone marrow transplants, and chemotherapy.

     (3) The inmate shall be responsible for the costs of any health care services obtained or provided unless the provision of the health care service is otherwise required by law as determined to be binding upon the state of Washington by a court of competent jurisdiction.  Under the authority granted under RCW 72.01.050(2), the secretary shall direct the superintendent to collect the amount due directly from the offender's institution account.  If the balance of the account is insufficient to meet the costs of the health care services provided, the department may obtain a judgment and may obtain a lien on any real property owned by the offender. The inmate shall be provided due process to defend against the lien before the department may enforce the judgment against any real property owned by the inmate.

NEW SECTION. Sec. 3. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

     Correct the title accordingly.

EFFECT:   The Department of Corrections is prohibited from using public funds to provide life‑saving health care procedures for an inmate who is under a sentence of death or whose death sentence is under appellate review. However, the department may provide basic medical services and basic emergency life-saving procedures, such as cardiopulmonary resuscitation, for such inmates.  The inmate is responsible for the costs of any health care services obtained or provided. If the balance of the offender's institution account is insufficient to meet the costs of the health care services, the department may obtain a judgment and may obtain a lien on any real property owned by the offender.  The inmate is entitled to due process to defend against the lien before a judgment may be enforced.