1148-S2 AMS PADD S2460.1
2SHB 1148 - S AMD 514
By Senator Padden
NOT ADOPTED 04/06/2021
On page 6, line 36, after "receipt." insert "A hospital that prevails in an adjudicative proceeding, hearing, or appeal under this section is entitled to recover costs of litigation and reasonable attorneys' fees. Funding for a prevailing hospital to recover the costs of litigation and reasonable attorneys' fees under this section must be paid from the department's local account where fees and charges for the regulation of hospitals are deposited or the state general fund if payment would result in a cash deficit to the department's local account where fees and charges for the regulation of hospitals are deposited. The department shall not increase hospital licensing fees for the sole purpose of funding a prevailing hospital's costs of litigation and reasonable attorneys' fees under this section."
EFFECT: Entitles a hospital to recover the costs of litigation and reasonable attorney fees if the hospital prevails in contesting DOH's enforcement actions through an adjudicative proceeding, hearing, or appeal under the Administrative Procedure Act. Requires the state general fund cover the funding for a prevailing hospital's costs of litigation and reasonable attorneys' fees if payment would result in a cash deficit to the hospital regulatory program account. Prohibits DOH from increasing hospital licensing fees for the sole purpose of funding a prevailing hospital's costs of litigation and reasonable attorney's fees.
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