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Disability advocates and DOC cost analyses back broadening extraordinary medical placement rules

Washington State Senate Ways and Means Committee · January 29, 2026
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Summary

Supporters of SSB 5,895 argued expanding extraordinary medical placement eligibility will reduce DOC medical costs and allow community care; staff said the substitute reduces fiscal impact from the original bill and the proposal extends the end‑of‑life threshold to 18 months with review and appeal rights.

Substitute Senate Bill 5,895 would modify extraordinary medical placement (EMP) eligibility in the Department of Corrections by extending the expected terminal horizon for EMP consideration from six to 18 months, requiring two physician assessments for eligibility, mandating written explanations for denials and allowing review by the correction ombuds. Committee staff briefed the substitute and presented a revised fiscal note showing a lower two‑year and four‑year cost forecast than an earlier version.

Disability Rights Washington and other advocates testified the bill would address an aging prison population (staff cited roughly 1,500 people over age 60 in DOC custody) and avoid expensive DOC medical beds by shifting care to the community and Medicaid. Rachel Sievers, an attorney for Disability Rights Washington, said caring for older incarcerated people is “three to nine times more expensive” and that EMP expansion could save the state money and improve care access.

Sarah Leone argued the bill also clarifies standards that may reduce medical‑malpractice litigation costs and cited recent settlement figures as examples of expensive DOC payouts. Committee staff and advocates noted that cost avoidance to DOC would shift medical costs to Medicaid and communities; Senator and staff questioning focused on who would bear those costs and how savings would be realized.

The substitute retained requirements for electronic monitoring on EMP and added procedural safeguards for applicants and oversight options for denials. Fiscal impacts were described as modest in the revised note (the hearing noted $26,000 two‑year administrative legal cost and $70,000 four‑year total fund impact in one staff discussion), though staff said indeterminate savings from avoided DOC medical costs were possible.