BILL REQ. #:  H-0854.1 

Read first time 01/24/2007.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to contracts with chiropractors; adding a new section to chapter 48.43 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 48.43 RCW to read as follows:
     (1) For purposes of this section, "contractor" means third-party payor as defined in RCW 70.02.010 and any organization engaged in the business of creating health care provider networks for use by a third-party payor.
     (2) Contractors may not directly or indirectly through contract or otherwise refuse to reimburse for the health care services legally provided by employees of a contracted chiropractor if the service would be a reimbursable benefit but for the contractor's refusal to recognize or reimburse the services performed by employees of the contracted chiropractor.
     (3) Contractors may not refuse to contract with licensed health care providers employed by a contracted chiropractor if such licensed health care provider otherwise meets the fair credentialing standards of the contractor.
     (4) Contractors may not require directly or indirectly by contract or otherwise that a chiropractor comply with health care reimbursement or delivery standards that conflict with those standards and practices authorized or adopted by the Washington state chiropractic quality assurance commission. A contract may not prohibit a chiropractor from delegating duties in accordance with rules governing the chiropractic profession, nor may a contractor refuse to reimburse the contracted chiropractor for such delegated services if those services would be reimbursed if not delegated.
     (5) Any term or condition of any contract between a chiropractor and a contractor that violates a provision of this section and any contractor attempt to waive, modify, or shift responsibility for compliance with this section is invalid.

NEW SECTION.  Sec. 2   (1) This act does not affect any existing right acquired or liability or obligation incurred prior to the effective date of this act.
     (2) 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.

NEW SECTION.  Sec. 3   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 takes effect July 1, 2007, and applies to all contracts that are executed, continued, or renewed on and after January 1, 2008.