Discharge planning — Construction — Liability.
RCW 70.41.326
in effectNothing in RCW 70.41.322 may be construed to: (1) Interfere with the rights or duties of an agent operating under a valid health care directive under RCW 70.122.030 ; (2) Interfere with designations made by a patient pursuant to a physician order for life-sustaining treatment under RCW 43.70.480 ; (3) Interfere with the rights or duties of an authorized surrogate decision maker under RCW 7.70.065 ; (4) Establish a new requirement to reimburse or otherwise pay for services performed by the lay caregiver for aftercare; (5) Create a private right of action against a hospital or any of its directors, trustees, officers, employees, or agents, or any contractors with whom the hospital has a contractual relationship; (6) Hold liable, in any way, a hospital, hospital employee, or any consultants or contractors with whom the hospital has a contractual relationship for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence; (7) Obligate a designated lay caregiver to perform any aftercare tasks for any patient; (8) Require a patient to designate any individual as a lay caregiver as defined in RCW 70.41.020 ; (9) Obviate the obligation of a health carrier as defined in RCW 48.43.005 or any other entity issuing health benefit plans to provide coverage required under a health benefit plan; and (10) Impact, impede, or otherwise disrupt or reduce the reimbursement obligations of a health carrier or any other entity issuing health benefit plans.
Nothing in RCW 70.41.322 may be construed to:
(1) Interfere with the rights or duties of an agent operating under a valid health care directive under RCW 70.122.030 ;
(2) Interfere with designations made by a patient pursuant to a physician order for life-sustaining treatment under RCW 43.70.480 ;
(3) Interfere with the rights or duties of an authorized surrogate decision maker under RCW 7.70.065 ;
(4) Establish a new requirement to reimburse or otherwise pay for services performed by the lay caregiver for aftercare;
(5) Create a private right of action against a hospital or any of its directors, trustees, officers, employees, or agents, or any contractors with whom the hospital has a contractual relationship;
(6) Hold liable, in any way, a hospital, hospital employee, or any consultants or contractors with whom the hospital has a contractual relationship for the services rendered or not rendered by the lay caregiver to the patient at the patient's residence;
(7) Obligate a designated lay caregiver to perform any aftercare tasks for any patient;
(8) Require a patient to designate any individual as a lay caregiver as defined in RCW 70.41.020 ;
(9) Obviate the obligation of a health carrier as defined in RCW 48.43.005 or any other entity issuing health benefit plans to provide coverage required under a health benefit plan; and
(10) Impact, impede, or otherwise disrupt or reduce the reimbursement obligations of a health carrier or any other entity issuing health benefit plans.
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=70.41&full=trueFetched: 6/29/2026