The Washington Hospital Association filed a lawsuit Oct. 16 against the state over the state's health department's change in interpretation of a long-standing charity care law. According to the lawsuit, hospitals statewide are required to provide charity care for any service to any patient seeking it regardless of their ability to pay or an indigent person's residency.
Washington has had a charity care act in place since 1989 to provide residents in need with necessary care for free or at a low cost. Under its new revision, hospitals across Washington were given until Jan. 16, 2024, to update their policies and comply with the rule.
"If Washington hospitals are required to provide free care to indigent persons from other states and countries, Washington's hospitals will be required to offer scarce, costly and complex medical care such as organ transplants and cancer treatment to non-Washingtonians who, based on current requests to hospitals, will likely come from around the world," the association's complaint reads. "Hospitals will also be required to offer common procedures, which may appeal to those in adjoining states and provinces. In many instances these services will be provided by hospitals without any source of reimbursement whatsoever."
The hospital association asserts that requiring hospitals in the state to provide this care to anyone, it "will decrease access for Washingtonians, and will increase the costs of care for Washingtonians who will inevitably subsidize the costs of free care to others from outside of the State."
According to an Oct. 17 news release from WHA, the group is first seeking an opinion from the Thurston County Superior Court in advance of the January 2024 compliance deadline.