SENATE BILL REPORT
SB 5083
As of January 29, 2025
Title: An act relating to ensuring access to primary care, behavioral health, and affordable hospital services.
Brief Description: Ensuring access to primary care, behavioral health, and affordable hospital services.
Sponsors: Senators Robinson, Harris, Liias, Nobles, Salomon and Valdez; by request of Health Care Authority.
Brief History:
Committee Activity: Health & Long-Term Care: 1/31/25.
Brief Summary of Bill
  • Requires licensed hospitals that participate in Medicaid programs to contract with the Public Employees Benefits Board (PEBB) and School Employees Benefits Board (SEBB) system carriers upon receipt of a good faith offer.
  • Limits reimbursement for inpatient and outpatient services from PEBB and SEBB plans to licensed hospitals, except certain critical access and sole community hospitals, beginning on January 1, 2027.?
  • Provides different reimbursement limits for children's hospitals and minimum reimbursement limits for primary care and nonfacility-based behavioral health services.
SENATE COMMITTEE ON HEALTH & LONG-TERM CARE
Staff: Greg Attanasio (786-7410)
Background:

The Health Care Authority (HCA), through the Public Employees Benefits Board (PEBB), provides medical benefits for employees and dependents of the state and participating local governments. PEBB coverage is also available to retired employees of the state and those local governments who purchase active employee benefits through PEBB. The School Employees Benefits Board (SEBB), also administered by HCA, provides medical benefits for employees of the state's public schools and Educational Service Districts. School employees covered by the provisions of SEBB are covered by the PEBB program as retirees. The PEBB and SEBB health benefit systems cover almost 700,000 lives between employees, retirees, and dependents.?

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The Uniform Medical Plan (UMP) is a self-insured health plan for Washington State public employees and school employees. HCA administers the UMP through its PEBB and SEBB, and provides a choice of several different benefit designs from the UMP, including a high-deductible plan with health savings accounts and accountable care networks. The PEBB and SEBB also provide health plans through health carriers, including fully insured plans, among which members may choose. Both the UMP and the fully insured plans contract with a variety of health care providers to ensure access for members of the PEBB and SEBB systems.?
Summary of Bill:

The bill as referred to committee not considered.
Summary of Bill (Proposed Substitute):

A licensed hospital that receives payments from Medicaid programs administered by HCA must contract with a health carrier or similar entity providing benefits through the PEBB and SEBB systems upon receiving a good faith offer.?

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Beginning January 1, 2027:

  • the reimbursement under these contracts to any in-network provider or facility located in Washington for inpatient and outpatient hospital services may not exceed the lesser of:?
    1. billed charges;
    2. the contracted rate for the provider; or
    3. 200 percent of the total amount Medicare would have reimbursed for the same or similar service;
  • the reimbursement under these contracts to any in-network provider or facility located in Washington for inpatient and outpatient services provided at a children's hospital may not exceed the lesser of:
    1. billed charges;
    2. the contracted rate for the provider; or
    3. 350 percent of the total amount Medicare would have reimbursed for the same or similar service; and
  • the reimbursement for in-network primary care services or nonfacility-based behavioral health services may not be less than 150 percent of the total amount Medicare would have reimbursed for the same or similar service.?
  • the reimbursement for services provided by rural hospitals certified as critical access hospitals or sole community hospitals may not be less than 101 percent of allowable costs as defined by the United States Centers for Medicare and Medicaid Services.?

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Beginning January 1, 2029, the reimbursement limit for inpatient and outpatient hospital services is lowered to 190 percent of the total amount Medicare would have reimbursed for the same or similar service and the reimbursement limit for inpatient and outpatient services provided at a children's hospital is lowered to 300 percent of the total amount Medicare would have reimbursed for the same or similar service.

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The reimbursement limits do not apply to critical access hospital or sole community hospitals, except those owned or operated by a health system that owns or operates more than one acute care hospital.

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For the purposes of this act, reimbursement for inpatient and outpatient services does not include charges for professional services.

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A health carrier or similar entity must provide HCA with cost and quality of care information, and may not enter into an agreement with a provider or third party that would restrict the provision of data to HCA.

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By December 31, 2030, HCA must, in consultation with the Office of the Insurance Commissioner, report to the Governor's Office and the appropriate committees of the Legislature on the impacts of the bill on network access, enrollee premiums and cost-sharing, and state expenditures for state and school district employee and retiree coverage.?

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HCA may adopt rules to implement the bill, including rules for levying fines and taking other contract actions to enforce compliance.
Appropriation: None.
Fiscal Note: Available. (Fiscal note is on the underlying bill)
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.