Merit Institute Merit

The Washington Government Transparency & Performance Act (WA-GT&P)

Washington state companion to GT&P. Uses Inspector-General independence (no Schedule F analog). Implements a Medicaid Fraud False Claims Act amendment under RCW Ch. 74.66 (Washington does not have a general FCA).

THE WASHINGTON GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (WA-GT&P)

Vehicle: State passage. Washington Legislature, regular session. Primary referral to House / Senate State Government and Tribal Relations / Ways and Means.

SECTION 1. SHORT TITLE

This Act may be cited as the “Washington Government Transparency & Performance Act (WA-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that the Personnel System Reform Act operates under RCW Ch. 41.06; that the Public Records Act operates under RCW Ch. 42.56; that the Office of Financial Management operates under RCW Ch. 43.41; that the Legislative Evaluation and Accountability Program Committee provides fiscal analysis; and that Washington does not have a general False Claims Act but recovers Medicaid fraud under the Medicaid False Claims Act, RCW Ch. 74.66. This Act extends these frameworks and does not adopt a federal Schedule F analog.

TITLE I — DEFINITIONS & COORDINATION WITH WASHINGTON LAW

Sec. 101. Definitions

  1. (a) “OFM” means the Office of Financial Management.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “WA-MFCA” means RCW Ch. 74.66 (Medicaid Fraud False Claims Act).

Sec. 102. Coordination with Existing Washington Law

  1. (a) Consistent with:
  • RCW Ch. 41.06 (Personnel System Reform Act).
  • RCW Ch. 42.56 (Public Records Act).
  • RCW Ch. 43.41 (OFM).
  • RCW Ch. 74.66 (WA-MFCA).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Budget shall publish at least three outcome metrics.
  2. (b) OFM shall publish the Washington Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) LEAP Committee fiscal analyses shall identify outcome metrics from Sec. 201.

TITLE III — INSPECTOR GENERAL INDEPENDENCE (Schedule-F Substitute)

Sec. 301. Agency Inspector General Authorities

  1. (a) Agency directors shall designate an Office of Inspector General with independent hiring, subpoena, and reporting authority.
  2. (b) Nothing in this section modifies the Personnel System Reform Act merit protections.
  3. (c) OIG shall publish an annual outcome audit for each covered program.

TITLE IV — WASHINGTON MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Washington does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under RCW Ch. 74.66 and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving WARMC, Federal FRAC, WA-OBSA outcome data, or Medicaid-related credential claims is liable to the State for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the State recovery under RCW Ch. 74.66, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect on the July 1 following enactment.

Canonical federal version: GT&P. Other Washington bills: WA-ACSA, WA-MEWRA, WA-AI-Workforce.