RCW 70.48.130
Emergency or necessary medical and health
care for confined persons -- Reimbursement
procedures -- Conditions -- Limitations. (Expires June 30, 2009.)
It is the intent of the legislature that all jail inmates receive
appropriate and cost-effective emergency and necessary medical
care. Governing units, the department of social and health
services, and medical care providers shall cooperate to achieve
the best rates consistent with adequate care.
Payment for emergency or necessary health care shall be by
the governing unit, except that the department of social and
health services shall directly reimburse the provider pursuant to
chapter 74.09 RCW, in accordance with the rates and benefits
established by the department, if the confined person is eligible
under the department's medical care programs as authorized under
chapter 74.09 RCW. After payment by the department, the
financial responsibility for any remaining balance, including
unpaid client liabilities that are a condition of eligibility or
participation under chapter 74.09 RCW, shall be borne by the
medical care provider and the governing unit as may be mutually
agreed upon between the medical care provider and the governing
unit. In the absence of mutual agreement between the medical
care provider and the governing unit, the financial
responsibility for any remaining balance shall be borne equally
between the medical care provider and the governing unit. Total
payments from all sources to providers for care rendered to
confined persons eligible under chapter 74.09 RCW shall not
exceed the amounts that would be paid by the department for
similar services provided under Title XIX medicaid, unless
additional resources are obtained from the confined person.
As part of the screening process upon booking or preparation
of an inmate into jail, general information concerning the
inmate's ability to pay for medical care shall be identified,
including insurance or other medical benefits or resources to
which an inmate is entitled. This information shall be made
available to the department, the governing unit, and any provider
of health care services.
The governing unit or provider may obtain reimbursement from
the confined person for the cost of health care services not
provided under chapter 74.09 RCW, including reimbursement from
any insurance program or from other medical benefit programs
available to the confined person. Nothing in this chapter
precludes civil or criminal remedies to recover the costs of
medical care provided jail inmates or paid for on behalf of
inmates by the governing unit. As part of a judgment and
sentence, the courts are authorized to order defendants to repay
all or part of the medical costs incurred by the governing unit
or provider during confinement.
To the extent that a confined person is unable to be
financially responsible for medical care and is ineligible for
the department's medical care programs under chapter 74.09 RCW,
or for coverage from private sources, and in the absence of an
interlocal agreement or other contracts to the contrary, the
governing unit may obtain reimbursement for the cost of such
medical services from the unit of government that initiated the
charges on which the person is being held in the jail: PROVIDED,
That reimbursement for the cost of such services shall be by the
state for state prisoners being held in a jail who are accused of
either escaping from a state facility or of committing an offense
in a state facility.
There shall be no right of reimbursement to the governing
unit from units of government that initiated the charges for
which a person is being held in the jail for care provided after
the charges are disposed of by sentencing or otherwise, unless by
intergovernmental agreement pursuant to chapter 39.34 RCW.
Under no circumstance shall necessary medical services be
denied or delayed because of disputes over the cost of medical
care or a determination of financial responsibility for payment
of the costs of medical care provided to confined persons.
Nothing in this section shall limit any existing right of
any party, governing unit, or unit of government against the
person receiving the care for the cost of the care provided.
[2007 c 259 § 66; 1993 c 409 § 1; 1986 c 118 § 9; 1977 ex.s. c 316 § 13.]
NOTES:
Expiration date -- 2007 c 259 § 66: "Section 66 of this act expires June 30, 2009." [2007 c 259 § 76.]
Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033.
Effective date -- 1993 c 409: "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 shall take effect immediately [May 15, 1993]." [1993 c 409 § 2.]
Severability -- 1977 ex.s. c 316: See note following RCW 70.48.020.
RCW 70.48.130
Emergency or necessary medical and health
care for confined persons -- Reimbursement
procedures -- Conditions -- Limitations. (Effective June 30, 2009.)
It is the intent of the legislature that all jail inmates receive
appropriate and cost-effective emergency and necessary medical
care. Governing units, the department of social and health
services, and medical care providers shall cooperate to achieve
the best rates consistent with adequate care.
Payment for emergency or necessary health care shall be by
the governing unit, except that the department of social and
health services shall directly reimburse the provider pursuant to
chapter 74.09 RCW, in accordance with the rates and benefits
established by the department, if the confined person is eligible
under the department's medical care programs as authorized under
chapter 74.09 RCW. After payment by the department, the
financial responsibility for any remaining balance, including
unpaid client liabilities that are a condition of eligibility or
participation under chapter 74.09 RCW, shall be borne by the
medical care provider and the governing unit as may be mutually
agreed upon between the medical care provider and the governing
unit. In the absence of mutual agreement between the medical
care provider and the governing unit, the financial
responsibility for any remaining balance shall be borne equally
between the medical care provider and the governing unit. Total
payments from all sources to providers for care rendered to
confined persons eligible under chapter 74.09 RCW shall not
exceed the amounts that would be paid by the department for
similar services provided under Title XIX medicaid, unless
additional resources are obtained from the confined person.
As part of the screening process upon booking or preparation
of an inmate into jail, general information concerning the
inmate's ability to pay for medical care shall be identified,
including insurance or other medical benefits or resources to
which an inmate is entitled. This information shall be made
available to the department, the governing unit, and any provider
of health care services.
The governing unit or provider may obtain reimbursement from
the confined person for the cost of health care services not
provided under chapter 74.09 RCW, including reimbursement from
any insurance program or from other medical benefit programs
available to the confined person. Nothing in this chapter
precludes civil or criminal remedies to recover the costs of
medical care provided jail inmates or paid for on behalf of
inmates by the governing unit. As part of a judgment and
sentence, the courts are authorized to order defendants to repay
all or part of the medical costs incurred by the governing unit
or provider during confinement.
To the extent that a confined person is unable to be
financially responsible for medical care and is ineligible for
the department's medical care programs under chapter 74.09 RCW,
or for coverage from private sources, and in the absence of an
interlocal agreement or other contracts to the contrary, the
governing unit may obtain reimbursement for the cost of such
medical services from the unit of government whose law
enforcement officers initiated the charges on which the person is
being held in the jail: PROVIDED, That reimbursement for the
cost of such services shall be by the state for state prisoners
being held in a jail who are accused of either escaping from a
state facility or of committing an offense in a state facility.
There shall be no right of reimbursement to the governing
unit from units of government whose law enforcement officers
initiated the charges for which a person is being held in the
jail for care provided after the charges are disposed of by
sentencing or otherwise, unless by intergovernmental agreement
pursuant to chapter 39.34 RCW.
Under no circumstance shall necessary medical services be
denied or delayed because of disputes over the cost of medical
care or a determination of financial responsibility for payment
of the costs of medical care provided to confined persons.
Nothing in this section shall limit any existing right of
any party, governing unit, or unit of government against the
person receiving the care for the cost of the care provided.
[1993 c 409 § 1; 1986 c 118 § 9; 1977 ex.s. c 316 § 13.]
NOTES:
Effective date -- 1993 c 409: "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 shall take effect immediately [May 15, 1993]." [1993 c 409 § 2.]
Severability -- 1977 ex.s. c 316: See note following RCW 70.48.020.