Wash. Rev. Code » Title 41 · Chapter 41.26
Revised Code of Washington

Wash. Rev. Code § 41.26.150 (2026)

✓ current as of May 2026
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*** CHANGE IN 2026 *** (SEE 2034-S2.SL) ***
(1) Whenever any active member, or any member hereafter retired, on account of service, sickness, or disability, not caused or brought on by dissipation or abuse, of which the disability board shall be judge, is confined in any hospital or in home, and whether or not so confined, requires medical services, the employer shall pay for the active or retired member the necessary medical services not payable from some other source as provided for in subsection (2) of this section. In the case of active or retired firefighters the employer may make the payments provided for in this section from the firefighters' pension fund established pursuant to RCW 41.16.050 where the fund had been established prior to March 1, 1970. If this pension fund is depleted, the employer shall have the obligation to pay all benefits payable under chapters 41.16 and 41.18 RCW.
(a) The disability board in all cases may have the active or retired member suffering from such sickness or disability examined at any time by a licensed physician or physicians, to be appointed by the disability board, for the purpose of ascertaining the nature and extent of the sickness or disability, the physician or physicians to report to the disability board the result of the examination within three days thereafter. Any active or retired member who refuses to submit to such examination or examinations shall forfeit all rights to benefits under this section for the period of the refusal.
(b) The disability board shall designate the medical services available to any sick or disabled member.
(2) The medical services payable under this section will be reduced by any amount received or eligible to be received by the member under workers' compensation, social security including the changes incorporated under Public Law 89-97, insurance provided by another employer, other pension plan, or any other similar source. Failure to apply for coverage if otherwise eligible under the provisions of Public Law 89-97 shall not be deemed a refusal of payment of benefits thereby enabling collection of charges under the provisions of this chapter.
(3) Upon making the payments provided for in subsection (1) of this section, the employer shall be subrogated to all rights of the member against any third party who may be held liable for the member's injuries or for payment of the cost of medical services in connection with a member's sickness or disability to the extent necessary to recover the amount of payments made by the employer.
(4) Any employer under this chapter, either singly, or jointly with any other such employer or employers through an association thereof as provided for in chapter 48.21 RCW, may provide for all or part of one or more plans of group hospitalization and medical aid insurance to cover any of its employees who are members of the Washington law enforcement officers' and firefighters' retirement system, and/or retired former employees who were, before retirement, members of the retirement system, through contracts with regularly constituted insurance carriers, with health maintenance organizations as defined in chapter 48.46 RCW, or with health care service contractors as defined in chapter 48.44 RCW. Benefits payable under the plan or plans shall be deemed to be amounts received or eligible to be received by the active or retired member under subsection (2) of this section.
(5) Any employer under this chapter may, at its discretion, elect to reimburse a retired former employee under this chapter for premiums the retired former employee has paid for medical insurance that supplements medicare, including premiums the retired former employee has paid for medicare part B coverage.
[ 2013 c 23 s 70; 1992 c 22 s 3; 1991 c 35 s 22; 1987 c 185 s 12; 1983 c 106 s 23; 1974 ex.s. c 120 s 11; 1971 ex.s. c 257 s 10; 1970 ex.s. c 6 s 10; 1969 ex.s. c 219 s 4; 1969 ex.s. c 209 s 15.]

Notes:

Intent—1991 c 35: See note following RCW 41.26.005.
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Severability—1974 ex.s. c 120: See note following RCW 41.26.030.
Purpose—Severability—1971 ex.s. c 257: See notes following RCW 41.26.030.
Notes of Decisions
Cited in 11 cases, 1978–2005 · leading case: Helgeson v. City of Marysville, 881 P.2d 1042 (Wash. Ct. App. 1994).
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Helgeson v. City of Marysville, 881 P.2d 1042 (Wash. Ct. App. 1994). · cites it 18× “In his declaration, Helgeson states that the City proposed dropping its appeal of his disability retirement in exchange for his agreement to waive payment of any medical benefits by the City under RCW 41.26.150. In his affidavit, James H.”
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). · cites it 22× “We hold that RCW 41.26.150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree’s medical services, even if the retiree did not apply or pay premiums for this coverage.”
Jones v. Firemen's Relief & Pension Bd., 738 P.2d 1068 (Wash. Ct. App. 1987). · cites it 11× “The Firemen's Relief and Pension Board of the City of Richland appeals from the trial court's determination it is not entitled to subrogation, as provided by RCW 41.26.150, against any sums Harold R.”
Auto. Drivers & Demonstrators Union Local No. 882 v. Dep't of Ret. Sys., 598 P.2d 379 (Wash. 1979). · cites it 2× “means the legislative authority of any city, town, county or district or the elected officials of any municipal corporation that employs any law *419 enforcement officer and/or fire fighter, any authorized association of such municipalities, and, except for the purposes of RCW…”
Paulsen v. Dep't of Soc. & Health, 898 P.2d 353 (Wash. Ct. App. 1995). “at 265 (quoting former RCW 41.26.150(3)). The court concluded that the provision failed to express clear intent to disregard equitable subrogation principles.”
Snohomish Cnty. Fire Dist. No. 1 v. Snohomish Cnty. Disability Bd., 128 Wash. App. 418 (Wash. Ct. App. 2005). · cites it 9× “The District argues that under RCW 41.26.150, additional medical benefits, beyond the *424 minimum enumerated in RCW 41.”
Cannon v. City of Moses Lake, 663 P.2d 865 (Wash. Ct. App. 1983). “Sick leave may be accumulated to a maximum of nine hundred and sixty (960) working hours.”
Hansen v. City of Everett, 971 P.2d 111 (Wash. Ct. App. 1999). · cites it 4× “The employer might have been able to subrogate against itself under RCW 41.26.150 for medical expenses it had already paid.”
Paulsen v. Dep't of Soc. & Health Servs., 78 Wash. App. 665 (Wash. Ct. App. 1995). “at 265 (quoting former RCW 41.26.150(3)). The court concluded that the provision failed to express clear intent to disregard equitable subrogation principles.”
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). · cites it 24× “150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree's medical services, even if the retiree did not apply or pay premiums for this coverage.”
Stegmeier v. City of Everett, 584 P.2d 488 (Wash. Ct. App. 1978). · cites it 2× “Reasonable charges for these services shall be paid in accordance with RCW 41.26.150. (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending…”
— Wash. Rev. Code § 41.26.150(1) — 4 cases
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “We hold that RCW 41.26.150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree’s medical services, even if the retiree did not apply or pay premiums for this coverage.”
Snohomish Cnty. Fire Dist. No. 1 v. Snohomish Cnty. Disability Bd., 128 Wash. App. 418 (Wash. Ct. App. 2005). “The District argues that under RCW 41.26.150, additional medical benefits, beyond the *424 minimum enumerated in RCW 41.”
Stegmeier v. City of Everett, 584 P.2d 488 (Wash. Ct. App. 1978). “Reasonable charges for these services shall be paid in accordance with RCW 41.26.150. (a) Hospital expenses: These are the charges made by a hospital, in its own behalf, for (i) Board and room not to exceed semiprivate room rate unless private room is required by the attending…”
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree's medical services, even if the retiree did not apply or pay premiums for this coverage.”
— Wash. Rev. Code § 41.26.150(1)(a) — 1 case
Snohomish Cnty. Fire Dist. No. 1 v. Snohomish Cnty. Disability Bd., 128 Wash. App. 418 (Wash. Ct. App. 2005). “The District argues that under RCW 41.26.150, additional medical benefits, beyond the *424 minimum enumerated in RCW 41.”
— Wash. Rev. Code § 41.26.150(2) — 4 cases
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “We hold that RCW 41.26.150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree’s medical services, even if the retiree did not apply or pay premiums for this coverage.”
Jones v. Firemen's Relief & Pension Bd., 738 P.2d 1068 (Wash. Ct. App. 1987). “The Firemen's Relief and Pension Board of the City of Richland appeals from the trial court's determination it is not entitled to subrogation, as provided by RCW 41.26.150, against any sums Harold R.”
Hansen v. City of Everett, 971 P.2d 111 (Wash. Ct. App. 1999). “The employer might have been able to subrogate against itself under RCW 41.26.150 for medical expenses it had already paid.”
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree's medical services, even if the retiree did not apply or pay premiums for this coverage.”
— Wash. Rev. Code § 41.26.150(3) — 4 cases
Jones v. Firemen's Relief & Pension Bd., 738 P.2d 1068 (Wash. Ct. App. 1987). “The Firemen's Relief and Pension Board of the City of Richland appeals from the trial court's determination it is not entitled to subrogation, as provided by RCW 41.26.150, against any sums Harold R.”
Paulsen v. Dep't of Soc. & Health, 898 P.2d 353 (Wash. Ct. App. 1995). “at 265 (quoting former RCW 41.26.150(3)). The court concluded that the provision failed to express clear intent to disregard equitable subrogation principles.”
Hansen v. City of Everett, 971 P.2d 111 (Wash. Ct. App. 1999). “The employer might have been able to subrogate against itself under RCW 41.26.150 for medical expenses it had already paid.”
Paulsen v. Dep't of Soc. & Health Servs., 78 Wash. App. 665 (Wash. Ct. App. 1995). “at 265 (quoting former RCW 41.26.150(3)). The court concluded that the provision failed to express clear intent to disregard equitable subrogation principles.”
— Wash. Rev. Code § 41.26.150(5) — 2 cases
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “We hold that RCW 41.26.150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree’s medical services, even if the retiree did not apply or pay premiums for this coverage.”
Bremerton Pub. Saf. Ass'n v. City of Bremerton, 15 P.3d 688 (Wash. Ct. App. 2001). “150 unambiguously authorizes the City to deduct medical costs payable under Part B Medicare (Medicare B) coverage from the amounts it must pay for a retiree's medical services, even if the retiree did not apply or pay premiums for this coverage.”
— Wash. Rev. Code § 41.26.150(l)(b) — 1 case
Snohomish Cnty. Fire Dist. No. 1 v. Snohomish Cnty. Disability Bd., 128 Wash. App. 418 (Wash. Ct. App. 2005). “The District argues that under RCW 41.26.150, additional medical benefits, beyond the *424 minimum enumerated in RCW 41.”
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