| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to enhancing opportunities for community-based providers to provide health care services in carceral settings; |
| Bill Description | Enhancing opportunities for community-based providers to provide health care services in carceral settings. |
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What this bill does
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This bill creates a new state reimbursement program by adding sections to chapters 4.92 and 43.70 RCW. Under the new law the state will reimburse a local corrections agency for any portion of a medical malpractice judgment or settlement against a community-based health care provider that exceeds $50,000 and will reimburse reasonable costs incurred in defending the claim. Reimbursement is limited to judgments or settlements entered on or after the effective date of the new section and only for amounts awarded as damages that are actionable under chapter 7.70 RCW; amounts awarded for other torts, constitutional claims, or statutory rights are excluded. The Department of Enterprise Services must adopt rules to implement the new RCW section.
The bill also requires the agency referenced in chapter 43.70 RCW to approve which community-based health care providers may be covered; approved providers must be either a federally qualified health center as defined in 42 U.S.C. §1396d or a clinic the agency finds meets substantially similar requirements. Local corrections agencies must file a claim for reimbursement using the sundry claim process in RCW 4.92.040 and provide specified information to the Office of Risk Management, including incident date and facility, suit filing date, injured person’s sex and age, detailed disposition or settlement information, and an attestation separating amounts attributable to medical malpractice versus other claims.
Affected entities include the Office of Risk Management, the Department of Enterprise Services, the chapter 43.70 RCW agency that approves providers, local corrections agencies, community-based health care providers, and local correctional facilities. Important details not provided in the extracted text include the bill’s effective date, the specific identity of “the department” referenced in chapter 43.70 RCW within this text, the full procedures and standards contained in the external statutes it references (RCW 4.92.040 and chapter 7.70 RCW), the definition of “reasonable costs incurred in defense of the claim,” and any funding or appropriation mechanism for the reimbursement program.
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Why it matters
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If enacted, the state would pick up the portion of medical-malpractice judgments or settlements against community-based health providers under contract with local jails that exceeds $50,000 and would reimburse reasonable legal defense costs, but only for awards tied to medical-malpractice claims under chapter 7.70 RCW and only for judgments or settlements entered after the law takes effect. That likely reduces the net financial liability for counties, cities, and the contracted providers for qualifying medical-malpractice payouts, while leaving local agencies exposed for non-medical torts, constitutional claims, or amounts below the $50,000 threshold.
Practically, local corrections agencies will face new administrative work and a need to collect and submit detailed claim data to the office of risk management under the sundry claim process, and three state agencies must add duties—approving eligible providers, evaluating claims, and writing rules—which could require staffing or process changes. Important details that will affect costs and timing are missing here: the bill does not specify the program’s effective date, where the reimbursement funds will come from, or how “reasonable” defense costs are defined, so agencies and providers may have uncertainty about eligibility and cash flow until rules and funding are clarified.
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| Official Documents | View Full Bill Text |
| Hearing | House Civil Rights & Judiciary (Public) |
| Hearing | House Civil Rights & Judiciary (Executive) |