Title 70 — Title 70 PUBLIC HEALTH AND SAFETY

Sections 48 through 53 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2019.[ 2019 c 446 s 54.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authority" means the health care authority.(2) "Board" means the health care cost transparency board.(3) "Health care" means items, services, and supplies intended to …

The authority shall establish a board to be known as the health care cost transparency board. The board is responsible for the analysis of total health care expenditures in Washington, identifying trends in health care cost growth, and establishing a health care cost growth bench…

(1) The board shall consist of fourteen members who shall be appointed as follows:(a) The insurance commissioner, or the commissioner's designee;(b) The administrator [director] of the health care authority, or the administrator's [director's] designee;(c) The director of labor a…

(1) The board shall establish an advisory committee on data issues and a health care stakeholder advisory committee. The board may establish other advisory committees as it finds necessary. Any other standing advisory committee established by the board shall include members repre…

(1) The board has the authority to establish and appoint advisory committees, in accordance with the requirements of RCW 70.390.040, and shall seek input and recommendations from relevant advisory committees.(2) The board shall:(a) Determine the types and sources of data necessar…

(1) The authority may contract with a private nonprofit entity to administer the board and provide support to the board to carry out its responsibilities under this chapter. The authority may not contract with a private nonprofit entity that has a financial interest that may crea…

By December 1st of each year, the board shall submit annual reports to the governor and each chamber of the legislature. The annual reports may include policy recommendations applicable to the board's activities and analysis of its work, including any recommendations related to l…

(1) The board shall measure and report on primary care expenditures in Washington and the progress towards increasing it to 12 percent of total health care expenditures.(2) By December 1, 2022, the board shall submit a preliminary report to the governor and relevant committees of…

(1) At least biennially, the board shall conduct a survey of underinsurance among Washington residents.(a) The survey shall be conducted among a representative sample of Washington residents. Analysis of the survey results shall be disaggregated to the greatest extent feasible by…

(1) No later than December 1, 2024, and annually thereafter, the board shall hold a public hearing related to discussing the growth in total health care expenditures in relation to the health care cost growth benchmark in the previous performance period, in accordance with the op…

(1) The legislature finds that all people confined in prisons and detention facilities in Washington deserve basic health care, nutrition, and safety. As held in United States v. California, 921 F.3d 865, 886 (9th Cir. 2019), states possess "the general authority to ensure the he…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abuse" means an act by any individual which injures, exploits, or in any way jeopardizes a detained person's health, welfare, or safety, including, but not limited to:…

(1) Except as provided in subsections (2) and (3) of this section, no person, business, or state or local governmental entity shall operate a private detention facility within the state or utilize a contract with a private detention facility within the state. No state or local go…

(1) The department of health shall adopt rules as may be necessary to effectuate the intent and purposes of this section in order to ensure private detention facilities comply with measurable standards providing sanitary, hygienic, and safe conditions for detained persons. The de…

(1) The department of health may at any time inspect a private detention facility to determine whether it has failed or refused to comply with the requirements of this chapter, the standards or rules adopted under this chapter, or other applicable state or federal statutes or rul…

In any case in which the department of health conducts an inspection of a private detention facility and finds that the private detention facility has failed or refused to comply with applicable state statutes or regulations, the department of health may take one or more of the f…

As resources allow, the department of health shall make private detention facility inspection statements of deficiencies, plans of correction, notice of acceptance of plans of correction, enforcement actions, and notices of resolution available to the public on the internet.[ 202…

(1) This section does not apply to private detention facilities operating pursuant to a valid contract that was in effect prior to January 1, 2023, for the duration of that contract, not to include any extensions or modifications made to, or authorized by, that contract.(2) A pri…

(1) A detained person aggrieved by a violation of this chapter has a right of action in superior court and may recover for each violation as follows:(a) Against any person who negligently violates a provision of this chapter, $1,000, or actual damages, whichever is greater, for e…

(1) Any person who fails to comply with this chapter may be subject to a civil penalty in an amount of not more than $1,000 per violation per day.(2) Subject to the availability of amounts appropriated for this specific purpose, the secretary of the department of health may adopt…

The Washington state attorney general humane detention account is created in the custody of the state treasurer. All receipts from civil penalties under RCW 70.395.080 must be deposited in the account. Only the attorney general or the attorney general's designee may authorize exp…

RCW 70.395.040 through 70.395.080 do not apply to a private detention facility that is:(1) Providing counseling, treatment, mental health, educational, or medical services to juveniles under chapter 74.15 RCW;(2) Providing evaluation and treatment or forensic services to a person…

Chapter 30, Laws of 2021 shall be construed liberally for the accomplishment of the purposes thereof.[ 2021 c 30 s 4.]

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 takes effect immediately [April 14, 2021].[ 2021 c 30 s 5.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Health care entity" means an entity that supervises, controls, grants privileges to, directs the practice of, or direct…

(1) Except as provided in subsection (2) of this section, if a health care provider is acting in good faith, within the provider's scope of practice, education, training, and experience and within the accepted standard of care, a health care entity may not prohibit the health car…

A patient, a health care provider, or an individual, who is aggrieved by a violation of RCW 70.400.020, may bring a civil action against a health care entity to enjoin further violations, to recover damages, or both. The prevailing party in such action may in the discretion of th…

Beginning March 1, 2022, a health care entity shall provide the information prepared by the department under RCW 43.70.619 at the time of hiring, contracting with, or privileging health care providers and staff, and on a yearly basis thereafter.[ 2021 c 235 s 4.]

If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies dire…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authority" means the health care authority.(2) "Biological product" has the same meaning as in 42 U.S.C. Sec. 262(i)(1).(3) "Biosimilar" has the same meaning as in 42 …

(1) The prescription drug affordability board is established, to include five members who have expertise in health care economics or clinical medicine appointed by the governor.(2) Board members shall serve for a term of five years and members may be reappointed by the governor f…

By June 30, 2023, and annually thereafter, utilizing data collected pursuant to chapters 43.71C, 43.371, and 70.390 RCW, or other data deemed relevant by the board, the board must identify prescription drugs that have been on the market for at least seven years, are dispensed at …

(1) The board may choose to conduct an affordability review of up to 24 prescription drugs per year identified pursuant to RCW 70.405.030. When deciding whether to conduct a review, the board shall consider:(a) The class of the prescription drug and whether any therapeutically eq…

(1) The authority must adopt rules setting forth a methodology established by the board for setting upper payment limits for prescription drugs the board has determined have led or will lead to excess costs based on its affordability review. The rules adopted under this subsectio…

(1) Any savings generated for a health plan, as defined in RCW 48.43.005, or a health plan offered under chapter 41.05 RCW that are attributable to the establishment of an upper payment limit established by the board must be used to reduce costs to consumers, prioritizing the red…

(1) Any manufacturer that intends to withdraw a prescription drug from sale or distribution within the state because the board has established an upper payment limit for that drug shall provide a notice of withdrawal in writing indicating the drug will be withdrawn because of the…

By December 15, 2022, and annually thereafter, the board shall provide a comprehensive report to the legislature detailing all actions the board has taken in the past year, including any rules adopted by the authority pursuant to chapter 153, Laws of 2022, establishing any proces…

The authority may adopt any rules necessary to implement this chapter. The rules adopted under this section may not go into effect until at least 90 days after the next regular legislative session.[ 2022 c 153 s 9.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Department" means the department of health.(2) "Emergency declaration" means a proclamation of a state of emergency issued by the governor under RCW 43.06.010.(3) "Ent…

(1) There is hereby established within the department a state emergency medical reserve corps, which shall serve at the direction and control of the secretary. The secretary may deploy the state emergency medical reserve corps by order as allowed for by this chapter.(2) The secre…

(1) This chapter applies to members registered with the department who provide health, veterinary, or support services while deployed with the state emergency medical reserve corps pursuant to an order of the secretary.(2) The provisions of this chapter are in addition to and do …

(1) A person must apply to the department to register with the state emergency medical reserve corps.(2) To qualify to register as a health practitioner member under this chapter, a person must pass a background check and be licensed and in good standing in this state.(3) To qual…

(1) The secretary may order the deployment of the state emergency medical reserve corps under any of the following circumstances:(a) When the secretary determines that there exists a threat to the public health including, but not limited to, outbreaks of diseases, food poisoning,…

(1) For any deployment of the state emergency medical corps under chapter 210, Laws of 2023, the department must track and account for any costs incurred as a direct result of the deployment, including but not limited to any compensation of members and any costs associated with t…

A health practitioner member when serving with the state emergency medical reserve corps shall adhere to the scope of practice for the health practitioner's profession established by applicable law and subject to any restrictions imposed by the secretary.[ 2023 c 210 s 8.]Notes:F…

Health practitioners are subject to disciplinary action pursuant to the uniform disciplinary act, chapter 18.130 RCW, for conduct committed while deployed with the state emergency medical reserve corps, but disciplining authorities shall consider the circumstances in which the co…

(1) This chapter does not limit rights, privileges, or immunities provided to health practitioner members by laws other than this chapter.(2) The department may, as allowed by law or government-to-government agreement, incorporate into the forces of emergency management personnel…

(1) A member who dies or is injured as the result of providing services pursuant to this chapter is deemed to be an employee of this state for the purpose of receiving benefits for the death or injury under the workers' compensation law of this state, Title 51 RCW, if:(a) The mem…

No act or omission, except those acts or omissions constituting gross negligence or willful or wanton misconduct, by a member providing services reasonably within the provisions of this chapter and an order of the secretary issued pursuant to this chapter shall impose any liabili…