wa-law.org > bill > 2025-26 > HB 1743 > Original Bill
The legislature finds that community-based health care providers are preferred for providing transitional care services to incarcerated individuals preparing for release due to their provision of comprehensive, integrated primary care services, focus on addressing social determinants of health, and continuity of care after release from incarceration.
The legislature further finds that unlike large third-party health care providers, community-based health care providers are generally too small to self-insure and are prevented from providing health care in carceral settings due to the reluctance of private insurers to provide medical malpractice insurance in carceral settings and because federal government insurance coverage does not extend to state carceral settings.
The legislature further finds that the inability of community-based health care providers to provide transitional care services in carceral settings creates obstacles for local governments contracting for health care services by limiting options and driving up costs.
The legislature is committed to facilitating the provision of high quality, low-cost health care to, and enabling safe transitions of care for, incarcerated individuals preparing for release back into communities.
The legislature further finds that providing a medical malpractice claim reimbursement program will enable community-based providers to provide health care services in carceral settings and increase local governments' contracting options.
The legislature further finds that engagement of community-based health care providers in carceral settings improves outcomes upon release, including reduced recidivism rates, greater trust of health care systems, and increased compliance with treatment plans.
When a judgment or settlement is entered against a community-based health care provider under contract with a local correctional agency for damages for personal injury or death resulting from any act or omission in the provision of health care services in a local correctional facility, the state of Washington shall provide reimbursement for any amount of the judgment or settlement that is in excess of $50,000 and for reasonable costs incurred in defense of the claim.
Reimbursement is available only for those amounts of a judgment or settlement entered on or after the effective date of this section that are awarded as damages for an act or omission resulting from the provision of health care actionable under chapter 7.70 RCW, and does not include any amounts that are awarded for damages arising from other tortious conduct or a violation of a person's constitutional or other statutory rights.
In order to qualify for reimbursement under this section, the local corrections agency must file a claim for reimbursement under the sundry claim process provided in RCW 4.92.040. In addition to the requirements of RCW 4.92.040, the local corrections agency must provide the office of risk management with the following information relating to the claim:
The date of the incident of medical malpractice that was the principal cause of the action;
The local correctional facility in which the incident of medical malpractice occurred;
The date of suit, if filed;
The injured person's sex and age on the incident date;
Specific information about the disposition, judgment, or settlement, including:
The date and amount of any judgment or settlement;
Court costs;
Attorneys' fees; and
Costs of expert witnesses;
Whether the judgment or settlement included an award for damages based on claims other than medical malpractice, and if so, an attestation as to the amount of the judgment or settlement and costs attributable to the medical malpractice claim and the amount of the judgment or settlement and costs attributable to other claims; and
Any other claim-related data the office of risk management determines to be necessary for evaluation of the claim and actuarial analysis of medical malpractice liability claims in carceral settings.
For the purposes of this section:
"Community-based health care provider" means an entity approved by the department of health under section 4 of this act.
"Local correctional facility" means a facility operated by a county, city, or local agency primarily designed, staffed, and used for the housing of persons serving terms not exceeding one year for the purposes of punishment, correction, and rehabilitation following conviction of a criminal offense.
"Local corrections agency" means any county, city, or local agency providing or otherwise responsible for the custody, safety, and security of adults or juveniles incarcerated in correctional, jail, or detention facilities.
"Medical malpractice" means an actual or alleged negligent act, error, or omission in providing or failing to provide health care services that is actionable under chapter 7.70 RCW.
The department of enterprise services shall adopt rules necessary to implement section 2 of this act.
The department shall approve community-based health care providers for coverage under the claim reimbursement program established in section 2 of this act. To be approved by the department, the provider must:
Be a federally qualified health center, as defined in 42 U.S.C. Sec. 1396d; or
Be a clinic that the department has determined meets substantially similar requirements to those in 42 U.S.C. Sec. 1396d.