Health providers/carceral

AN ACT Relating to enhancing opportunities for community-based 1
providers to provide health care services in carceral settings; 2
adding a new section to chapter 4.92 RCW; adding a new section to 3
chapter 43.70 RCW; and creating new sections. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that community-based 6
health care providers are preferred for providing transitional care 7
services to incarcerated individuals preparing for release due to 8
their provision of comprehensive, integrated primary care services, 9
focus on addressing social determinants of health, and continuity of 10
care after release from incarceration.11
The legislature further finds that unlike large third-party 12
health care providers, community-based health care providers are 13
generally too small to self-insure and are prevented from providing 14
health care in carceral settings due to the reluctance of private 15
insurers to provide medical malpractice insurance in carceral 16
settings and because federal government insurance coverage does not 17
extend to state carceral settings. 18
The legislature further finds that the inability of community-19
based health care providers to provide transitional care services in 20
H-0751.1
HOUSE BILL 1743
State of Washington 69th Legislature 2025 Regular Session
By Representatives Simmons, Couture, Street, Kloba, Griffey, Ormsby,
Hill, Nance, and Davis
Read first time 01/30/25. Referred to Committee on Civil Rights &
Judiciary.
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carceral settings creates obstacles for local governments contracting 1
for health care services by limiting options and driving up costs.2
The legislature is committed to facilitating the provision of 3
high quality, low-cost health care to, and enabling safe transitions 4
of care for, incarcerated individuals preparing for release back into 5
communities. 6
The legislature further finds that providing a medical 7
malpractice claim reimbursement program will enable community-based 8
providers to provide health care services in carceral settings and 9
increase local governments' contracting options. 10
The legislature further finds that engagement of community-based 11
health care providers in carceral settings improves outcomes upon 12
release, including reduced recidivism rates, greater trust of health 13
care systems, and increased compliance with treatment plans.14
NEW SECTION. Sec. 2. A new section is added to chapter 4.92 RCW 15
to read as follows: 16
(1) When a judgment or settlement is entered against a community-17
based health care provider under contract with a local correctional 18
agency for damages for personal injury or death resulting from any 19
act or omission in the provision of health care services in a local 20
correctional facility, the state of Washington shall provide 21
reimbursement for any amount of the judgment or settlement that is in 22
excess of $50,000 and for reasonable costs incurred in defense of the 23
claim. 24
(2) Reimbursement is available only for those amounts of a 25
judgment or settlement entered on or after the effective date of this 26
section that are awarded as damages for an act or omission resulting 27
from the provision of health care actionable under chapter 7.70 RCW, 28
and does not include any amounts that are awarded for damages arising 29
from other tortious conduct or a violation of a person's 30
constitutional or other statutory rights. 31
(3) In order to qualify for reimbursement under this section, the 32
local corrections agency must file a claim for reimbursement under 33
the sundry claim process provided in RCW 4.92.040. In addition to the 34
requirements of RCW 4.92.040, the local corrections agency must 35
provide the office of risk management with the following information 36
relating to the claim: 37
(a) The date of the incident of medical malpractice that was the 38
principal cause of the action; 39
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(b) The local correctional facility in which the incident of 1
medical malpractice occurred; 2
(c) The date of suit, if filed; 3
(d) The injured person's sex and age on the incident date;4
(e) Specific information about the disposition, judgment, or 5
settlement, including: 6
(i) The date and amount of any judgment or settlement;7
(ii) Court costs; 8
(iii) Attorneys' fees; and 9
(iv) Costs of expert witnesses; 10
(f) Whether the judgment or settlement included an award for 11
damages based on claims other than medical malpractice, and if so, an 12
attestation as to the amount of the judgment or settlement and costs 13
attributable to the medical malpractice claim and the amount of the 14
judgment or settlement and costs attributable to other claims; and15
(g) Any other claim-related data the office of risk management 16
determines to be necessary for evaluation of the claim and actuarial 17
analysis of medical malpractice liability claims in carceral 18
settings. 19
(4) For the purposes of this section: 20
(a) "Community-based health care provider" means an entity 21
approved by the department of health under section 4 of this act.22
(b) "Local correctional facility" means a facility operated by a 23
county, city, or local agency primarily designed, staffed, and used 24
for the housing of persons serving terms not exceeding one year for 25
the purposes of punishment, correction, and rehabilitation following 26
conviction of a criminal offense. 27
(c) "Local corrections agency" means any county, city, or local 28
agency providing or otherwise responsible for the custody, safety, 29
and security of adults or juveniles incarcerated in correctional, 30
jail, or detention facilities. 31
(d) "Medical malpractice" means an actual or alleged negligent 32
act, error, or omission in providing or failing to provide health 33
care services that is actionable under chapter 7.70 RCW.34
NEW SECTION. Sec. 3. The department of enterprise services 35
shall adopt rules necessary to implement section 2 of this act.36
NEW SECTION. Sec. 4. A new section is added to chapter 43.70 37
RCW to read as follows: 38
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The department shall approve community-based health care 1
providers for coverage under the claim reimbursement program 2
established in section 2 of this act. To be approved by the 3
department, the provider must: 4
(1) Be a federally qualified health center, as defined in 42 5
U.S.C. Sec. 1396d; or 6
(2) Be a clinic that the department has determined meets 7
substantially similar requirements to those in 42 U.S.C. Sec. 1396d.8
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