Text of WA SB 5602 (2019)
Eliminating barriers to reproductive health care for all.
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As introduced
14,536 characters
AN ACT Relating to eliminating barriers to reproductive health
1
care for all; amending RCW 48.43.072; adding new sections to chapter
2
74.09 RCW; creating new sections; and providing an effective date.
3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4
NEW SECTION. Sec. 1. The legislature finds and declares:
5
(1) It is the public policy of this state to provide the maximum
6
access to reproductive health care and reproductive health care
7
coverage for all people in Washington state.
8
(2) In 2018, the legislature passed Substitute Senate Bill No.
9
6219. Along with reproductive health care coverage requirements, the
10
bill mandated a literature review of barriers to reproductive health
11
care. As documented by the report submitted to the legislature on
12
January 1, 2019, young people, immigrants, people living in rural
13
communities, transgender and gender nonconforming people, and people
14
of color face significant barriers to getting the reproductive health
15
care they need.
16
(3) Immigrants in Washington state are a vital contributor to the
17
culture, economy, and life of the people of Washington. Yet federal
18
law prohibits some immigrants, who would otherwise be eligible for
19
medical coverage, from receiving the health benefits and timely
20
S-0916.1
SENATE BILL 5602
State of Washington
66th Legislature
2019 Regular Session
By Senators Randall, Wilson, C., Nguyen, Das, Saldaña, Cleveland,
Takko, Kuderer, Hasegawa, Rolfes, Van De Wege, Keiser, Hunt, Wellman,
Billig,
Dhingra,
Conway,
Pedersen,
Frockt,
Salomon,
Palumbo,
Darneille, McCoy, Liias, Mullet, and Carlyle
p. 1
SB 5602
access to health care provided through federally funded coverage
1
programs.
2
(4) This lack of coverage negatively affects the reproductive
3
health, family planning, and reproductive autonomy of excluded
4
immigrants living in Washington state.
5
(5) Immigrants and other Washingtonians who are transgender and
6
gender nonconforming have important reproductive health care needs as
7
well. These needs go unmet when transgender and gender nonconforming
8
people are stigmatized when they seek care, or are denied critical
9
health services because of their gender.
10
(6) The literature review mandated by Substitute Senate Bill No.
11
6219 found that, "[a]ccording to 2015 U.S. Transgender Survey data,
12
thirty-two percent of transgender respondents in Washington State
13
reported that in the previous year they did not see a doctor when
14
needed because they could not afford it."
15
(7) Existing state law should be enhanced to ensure greater
16
coverage of and timely access to reproductive health care for the
17
benefit of all Washingtonians, regardless of immigration status, or
18
gender identity or expression.
19
(8) Because stigma is also a key barrier to access to
20
reproductive health care, all Washingtonians, regardless of gender
21
identity or immigration status, should be free from discrimination in
22
the provision of health care services, health care plan coverage, and
23
in access to publicly funded health coverage.
24
(9) All people should have access to additional services to
25
improve their reproductive health, without barriers such as cost
26
sharing.
27
NEW SECTION. Sec. 2. A new section is added to chapter 74.09
28
RCW to read as follows:
29
(1) By January 1, 2020, the authority shall administer a program
30
for individuals over nineteen years of age who would be eligible for
31
the Washington state family planning waiver program, currently known
32
as the take charge program, if not for 8 U.S.C. Sec. 1611 or 1612.
33
(2) The program shall provide services identical to those
34
services covered by the Washington state family planning waiver
35
program as of August 2018.
36
(3) The authority shall establish a comprehensive community
37
education and outreach campaign, working with stakeholder and
38
community organizations, to provide culturally and linguistically
39
p. 2
SB 5602
accessible information to facilitate participation in the program
1
including, but not limited to, enrollment procedures, program
2
services, and benefit utilization.
3
NEW SECTION. Sec. 3. A new section is added to chapter 74.09
4
RCW to read as follows:
5
(1) In administering reproductive health care services through
6
programs under this chapter, the authority and any managed care plans
7
and providers delivering or administering services purchased or
8
contracted for by the authority, must provide medically necessary
9
covered reproductive health care services to any covered person,
10
regardless of the covered person's gender identity or expression.
11
(2) The authority and any managed care plans delivering or
12
administering services purchased or contracted for by the authority,
13
may not issue automatic initial denials of coverage for reproductive
14
health care services that are ordinarily or exclusively available to
15
individuals of one gender, based on the fact that the individual's
16
gender assigned at birth, gender identity, or gender otherwise
17
recorded in one or more government-issued documents, is different
18
from the one to which such health services are ordinarily or
19
exclusively available.
20
(3) Denials as described in subsection (2) of this section are
21
prohibited discrimination under chapter 49.60 RCW.
22
(4) The definitions in this subsection apply throughout this
23
section unless the context clearly requires otherwise.
24
(a) "Body parts" includes, but is not limited to: Genitals,
25
gonads, the uterus, ovaries, fallopian tubes, breasts, and the
26
endocrine system.
27
(b)
"Gender
expression"
means
a
person's
gender-related
28
appearance and behavior, whether or not stereotypically associated
29
with the person's assigned gender at birth.
30
(c) "Gender identity" means a person's internal sense of the
31
person's own gender, regardless of the gender the person was assigned
32
at birth.
33
(d) "Reproductive health care services" means any medical
34
treatment, including pharmaceutical care, of reproductive processes,
35
functions, systems, and body parts involved in reproduction, in all
36
stages of life.
37
(5)
This
section
must
not
be
construed
to
authorize
38
discrimination on the basis of a covered person's gender identity or
39
p. 3
SB 5602
expression in the administration of any other medical assistance
1
programs administered by the authority.
2
Sec. 4. RCW 48.43.072 and 2018 c 119 s 2 are each amended to
3
read as follows:
4
(1) A health plan or student health plan, including student
5
health plans deemed by the insurance commissioner to have a short-
6
term limited purpose or duration or to be guaranteed renewable while
7
the covered person is enrolled as a regular full-time undergraduate
8
or graduate student at an accredited higher education institution,
9
issued or renewed on or after January 1, ((2019)) 2021, shall provide
10
coverage for:
11
(a)(i) All contraceptive drugs, devices, and other products,
12
approved by the federal food and drug administration, including
13
over-the-counter contraceptive drugs, devices, and products, approved
14
by the federal food and drug administration, regardless of whether
15
they are to be used by the covered person or the partner of the
16
covered person, and regardless of whether they are to be used for
17
contraception
or
exclusively
for
the
prevention
of
sexually
18
transmitted infections;
19
(((b))) (ii) Voluntary sterilization procedures;
20
(((c))) (iii) The consultations, examinations, procedures, and
21
medical services that are necessary to prescribe, dispense, insert,
22
deliver, distribute, administer, or remove the drugs, devices, and
23
other products or services in (a) ((and (b))) (i) and (ii) of this
24
subsection.
25
(b) Pre-exposure prophylaxis and post-exposure prophylaxis.
26
(c) The following preventive services:
27
(i) Screening and counseling for physical, mental, sexual, and
28
reproductive health care needs following a sexual assault;
29
(ii) Breast cancer chemoprevention counseling for women who are
30
at increased risk for breast cancer, and risk-reducing medications
31
where medically appropriate;
32
(iii) Well-person preventive visits;
33
(iv) Annual screening and counseling for human papillomavirus for
34
those under thirty years of age, and screening and counseling every
35
five years for those between thirty and sixty-five years of age;
36
(v) Screening and counseling for anemia; and
37
(vi) Screening for:
38
(A) Urinary tract infection; and
39
p. 4
SB 5602
(B) Urinary incontinence.
1
(d) The following treatment services:
2
(i) Treatment for physical, mental, sexual, and reproductive
3
health care needs following a sexual assault;
4
(ii) Treatment for anemia; and
5
(iii) Treatment for:
6
(A) Urinary tract infection; and
7
(B) Urinary incontinence.
8
(e) Other reproductive health-related over-the-counter drugs and
9
products approved by the federal food and drug administration
10
including, but not limited to, prenatal vitamins for pregnant persons
11
and breast pumps for covered persons expecting the birth or adoption
12
of a child.
13
(2) The coverage required by subsection (1) of this section:
14
(a) May not require copayments, deductibles, or other forms of
15
cost sharing, with the exception of pre-exposure prophylaxis, the
16
treatment services required by subsection (1)(d) of this section, and
17
the drugs and products in subsection (1)(e) of this section, which
18
may be subject to cost sharing, unless the health plan is offered as
19
a qualifying health plan for a health savings account. For such a
20
qualifying health plan, the carrier must establish the plan's cost
21
sharing for the coverage required by subsection (1) of this section
22
at the minimum level necessary to preserve the enrollee's ability to
23
claim tax exempt contributions and withdrawals from ((his or her))
24
the enrollee's health savings account under internal revenue service
25
laws and regulations; and
26
(b) May not require a prescription to trigger coverage of
27
over-the-counter contraceptive drugs, devices, and products, approved
28
by the federal food and drug administration.
29
(3) A health carrier may not deny the coverage required in
30
subsection (1) of this section because an enrollee changed ((his or
31
her)) the enrollee's contraceptive method within a twelve-month
32
period.
33
(4) Except as otherwise authorized under this section, a health
34
benefit plan may not impose any restrictions or delays on the
35
coverage required under this section, such as medical management
36
techniques that limit enrollee choice in accessing the full range of
37
contraceptive drugs, devices, or other products, approved by the
38
federal food and drug administration.
39
p. 5
SB 5602
(5) Benefits provided under this section must be extended to all
1
enrollees, enrolled spouses, and enrolled dependents.
2
(6) This section may not be construed to allow for denial of care
3
on
the
basis
of
race,
color,
national
origin,
sex,
sexual
4
orientation, gender expression or identity, marital status, age,
5
citizenship, immigration status, or disability.
6
(7) A health plan or student health plan, including student
7
health plans deemed by the insurance commissioner to have a short-
8
term limited purpose or duration or to be guaranteed renewable while
9
the covered person is enrolled as a regular full-time undergraduate
10
or graduate student at an accredited higher education institution,
11
issued or renewed on or after January 1, 2021, may not issue
12
automatic initial denials of coverage for reproductive health care
13
services that are ordinarily or exclusively available to individuals
14
of one gender, based on the fact that the individual's gender
15
assigned at birth, gender identity, or gender otherwise recorded in
16
one or more government-issued documents, is different from the one to
17
which such health services are ordinarily or exclusively available.
18
(8) The definitions in this subsection apply throughout this
19
section unless the context clearly requires otherwise.
20
(a) "Body parts" includes, but is not limited to: Genitals,
21
gonads, the uterus, ovaries, fallopian tubes, breasts, and the
22
endocrine system.
23
(b)
"Gender
expression"
means
a
person's
gender-related
24
appearance and behavior, whether or not stereotypically associated
25
with the person's assigned gender at birth.
26
(c) "Gender identity" means a person's internal sense of the
27
person's own gender, regardless of the gender the person was assigned
28
at birth.
29
(d) "Reproductive health care services" means any medical
30
treatment, including pharmaceutical care, of reproductive processes,
31
functions, systems, and body parts involved in reproduction, in all
32
stages of life.
33
(e) "Well-person preventive visits" means the preventive annual
34
visits recommended by the federal health resources and services
35
administration women's preventive services guidelines, with the
36
understanding that those visits must be covered regardless of gender
37
identity or expression or perceived gender identity or expression.
38
(9)
This
section
must
not
be
construed
to
authorize
39
discrimination on the basis of gender identity or expression, or
40
p. 6
SB 5602
perceived gender identity or expression, in the provision of
1
nonreproductive health care services.
2
(10) The commissioner, under RCW 48.30.300, and the human rights
3
commission, under chapter 49.60 RCW shall share enforcement authority
4
over complaints of discrimination under this section as set forth in
5
RCW 49.60.178.
6
(11) The commissioner may adopt rules to implement this section.
7
NEW SECTION. Sec. 5. This act may be known and cited as the
8
reproductive health care access for all act.
9
NEW SECTION. Sec. 6. (1) Sections 2 and 3 of this act take
10
effect January 1, 2020.
11
(2) Section 4 of this act takes effect January 1, 2021.
12
--- END ---
p. 7
SB 5602
As enrolled or final
19,374 characters
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5602
Chapter 399, Laws of 2019
66th Legislature
2019 Regular Session
REPRODUCTIVE HEALTH CARE BARRIERS
EFFECTIVE DATE: July 28, 2019—Except for section 2, which becomes
effective January 1, 2020; section 3, which becomes effective
January 1, 2021; and section 5, which becomes effective May 13,
2019.
Passed by the Senate April 26, 2019
Yeas 29 Nays 20
CYRUS HABIB
President of the Senate
Passed by the House April 25, 2019
Yeas 58 Nays 40
FRANK CHOPP
Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of
the
Senate
of
the
State
of
Washington, do hereby certify that
the attached is SECOND SUBSTITUTE
SENATE BILL 5602 as passed by the
Senate
and
the
House
of
Representatives on the dates hereon
set forth.
BRAD HENDRICKSON
Secretary
Approved May 13, 2019 4:50 PM
FILED
May 16, 2019
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to eliminating barriers to reproductive health
1
care for all; amending RCW 48.43.072; adding a new section to chapter
2
74.09 RCW; adding a new section to chapter 70.41 RCW; adding a new
3
section to chapter 48.43 RCW; adding a new section to chapter 70.250
4
RCW; creating new sections; providing effective dates; and declaring
5
an emergency.
6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7
NEW SECTION. Sec. 1. The legislature finds and declares:
8
(1) It is the public policy of this state to provide the maximum
9
access to reproductive health care and reproductive health care
10
coverage for all people in Washington state.
11
(2) In 2018, the legislature passed Substitute Senate Bill No.
12
6219. Along with reproductive health care coverage requirements, the
13
bill mandated a literature review of barriers to reproductive health
14
care. As documented by the report submitted to the legislature on
15
January 1, 2019, young people, immigrants, people living in rural
16
communities, transgender and gender nonconforming people, and people
17
of color still face significant barriers to getting the reproductive
18
health care they need.
19
(3) Washingtonians who are transgender and gender nonconforming
20
have important reproductive health care needs as well. These needs go
21
SECOND SUBSTITUTE SENATE BILL 5602
AS AMENDED BY THE HOUSE
Passed Legislature - 2019 Regular Session
State of Washington
66th Legislature
2019 Regular Session
By Senate Ways & Means (originally sponsored by Senators Randall,
Wilson,
C.,
Nguyen,
Das,
Saldaña,
Cleveland,
Takko,
Kuderer,
Hasegawa, Rolfes, Van De Wege, Keiser, Hunt, Wellman, Billig,
Dhingra, Conway, Pedersen, Frockt, Salomon, Palumbo, Darneille,
McCoy, Liias, Mullet, and Carlyle)
READ FIRST TIME 03/01/19.
p. 1
2SSB 5602.SL
unmet when, in the process of seeking care, transgender and gender
1
nonconforming people are stigmatized or are denied critical health
2
services because of their gender identity or expression.
3
(4) The literature review mandated by Substitute Senate Bill No.
4
6219 found that, "[a]ccording to 2015 U.S. Transgender Survey data,
5
thirty-two percent of transgender respondents in Washington State
6
reported that in the previous year they did not see a doctor when
7
needed because they could not afford it."
8
(5) Existing state law should be enhanced to ensure greater
9
coverage of and timely access to reproductive health care for the
10
benefit of all Washingtonians, regardless of gender identity or
11
expression.
12
(6) Because stigma is also a key barrier to access to
13
reproductive health care, all Washingtonians, regardless of gender
14
identity, should be free from discrimination in the provision of
15
health care services, health care plan coverage, and in access to
16
publicly funded health coverage.
17
(7) All people should have access to robust reproductive health
18
services to maintain and improve their reproductive health.
19
NEW SECTION. Sec. 2. A new section is added to chapter 74.09
20
RCW to read as follows:
21
(1) In the provision of reproductive health care services through
22
programs under this chapter, the authority, managed care plans, and
23
providers
that
administer
or
deliver
such
services
may
not
24
discriminate in the delivery of a service provided through a program
25
of the authority based on the covered person's gender identity or
26
expression.
27
(2) The authority and any managed care plans delivering or
28
administering services purchased or contracted for by the authority,
29
may not issue automatic initial denials of coverage for reproductive
30
health care services that are ordinarily or exclusively available to
31
individuals of one gender, based on the fact that the individual's
32
gender assigned at birth, gender identity, or gender otherwise
33
recorded in one or more government-issued documents, is different
34
from the one to which such health services are ordinarily or
35
exclusively available.
36
(3) Denials as described in subsection (2) of this section are
37
prohibited discrimination under chapter 49.60 RCW.
38
p. 2
2SSB 5602.SL
(4) The definitions in this subsection apply throughout this
1
section unless the context clearly requires otherwise.
2
(a)
"Gender
expression"
means
a
person's
gender-related
3
appearance and behavior, whether or not stereotypically associated
4
with the person's gender assigned at birth.
5
(b) "Gender identity" means a person's internal sense of the
6
person's own gender, regardless of the person's gender assigned at
7
birth.
8
(c) "Reproductive health care services" means any medical
9
services or treatments, including pharmaceutical and preventive care
10
service or treatments, directly involved in the reproductive system
11
and its processes, functions, and organs involved in reproduction, in
12
all stages of life. Reproductive health care services does not
13
include infertility treatment.
14
(d) "Reproductive system" includes, but is not limited to:
15
Genitals, gonads, the uterus, ovaries, fallopian tubes, and breasts.
16
(5)
This
section
must
not
be
construed
to
authorize
17
discrimination on the basis of a covered person's gender identity or
18
expression in the administration of any other medical assistance
19
programs administered by the authority.
20
Sec. 3. RCW 48.43.072 and 2018 c 119 s 2 are each amended to
21
read as follows:
22
(1) A health plan ((issued or renewed on or after January 1,
23
2019,)) or student health plan, including student health plans deemed
24
by the insurance commissioner to have a short-term limited purpose or
25
duration or to be guaranteed renewable while the covered person is
26
enrolled as a regular full-time undergraduate or graduate student at
27
an accredited higher education institution, shall provide coverage
28
for:
29
(a) All contraceptive drugs, devices, and other products,
30
approved by the federal food and drug administration, including
31
over-the-counter contraceptive drugs, devices, and products, approved
32
by the federal food and drug administration. This includes condoms,
33
regardless of the gender or sexual orientation of the covered person,
34
and regardless of whether they are to be used for contraception or
35
exclusively for the prevention of sexually transmitted infections;
36
(b) Voluntary sterilization procedures;
37
(c) The consultations, examinations, procedures, and medical
38
services that are necessary to prescribe, dispense, insert, deliver,
39
p. 3
2SSB 5602.SL
distribute, administer, or remove the drugs, devices, and other
1
products or services in (a) and (b) of this subsection((.));
2
(d) The following preventive services:
3
(i) Screening for physical, mental, sexual, and reproductive
4
health care needs that arise from a sexual assault; and
5
(ii) Well-person preventive visits;
6
(e) Medically necessary services and prescription medications for
7
the treatment of physical, mental, sexual, and reproductive health
8
care needs that arise from a sexual assault; and
9
(f) The following reproductive health-related over-the-counter
10
drugs
and
products
approved
by
the
federal
food
and
drug
11
administration: Prenatal vitamins for pregnant persons; and breast
12
pumps for covered persons expecting the birth or adoption of a child.
13
(2) The coverage required by subsection (1) of this section:
14
(a) May not require copayments, deductibles, or other forms of
15
cost sharing((,)):
16
(i) Except for:
17
(A) The medically necessary services and prescription medications
18
required by subsection (1)(e) of this section; and
19
(B) The drugs and products in subsection (1)(f) of this section;
20
or
21
(ii) Unless the health plan is offered as a qualifying health
22
plan for a health savings account. For such a qualifying health plan,
23
the carrier must establish the plan's cost sharing for the coverage
24
required by subsection (1) of this section at the minimum level
25
necessary to preserve the enrollee's ability to claim tax exempt
26
contributions and withdrawals from ((his or her)) the enrollee's
27
health savings account under internal revenue service laws and
28
regulations; and
29
(b) May not require a prescription to trigger coverage of
30
over-the-counter contraceptive drugs, devices, and products, approved
31
by
the
federal
food
and
drug
administration,
except
those
32
reproductive health related drugs and products as set forth in
33
subsection (1)(f) of this section.
34
(3) A health carrier may not deny the coverage required in
35
subsection (1) of this section because an enrollee changed ((his or
36
her)) the enrollee's contraceptive method within a twelve-month
37
period.
38
(4) Except as otherwise authorized under this section, a health
39
benefit plan may not impose any restrictions or delays on the
40
p. 4
2SSB 5602.SL
coverage required under this section, such as medical management
1
techniques that limit enrollee choice in accessing the full range of
2
contraceptive drugs, devices, or other products, approved by the
3
federal food and drug administration.
4
(5) Benefits provided under this section must be extended to all
5
enrollees, enrolled spouses, and enrolled dependents.
6
(6) This section may not be construed to allow for denial of care
7
on
the
basis
of
race,
color,
national
origin,
sex,
sexual
8
orientation, gender expression or identity, marital status, age,
9
citizenship, immigration status, or disability.
10
(7) A health plan or student health plan, including student
11
health plans deemed by the insurance commissioner to have a short-
12
term limited purpose or duration or to be guaranteed renewable while
13
the covered person is enrolled as a regular full-time undergraduate
14
or graduate student at an accredited higher education institution,
15
issued or renewed on or after January 1, 2021, may not issue
16
automatic initial denials of coverage for reproductive health care
17
services that are ordinarily or exclusively available to individuals
18
of one gender, based on the fact that the individual's gender
19
assigned at birth, gender identity, or gender otherwise recorded in
20
one or more government-issued documents, is different from the one to
21
which such health services are ordinarily or exclusively available.
22
(8) The definitions in this subsection apply throughout this
23
section unless the context clearly requires otherwise.
24
(a)
"Gender
expression"
means
a
person's
gender-related
25
appearance and behavior, whether or not stereotypically associated
26
with the person's gender assigned at birth.
27
(b) "Gender identity" means a person's internal sense of the
28
person's own gender, regardless of the person's gender assigned at
29
birth.
30
(c) "Reproductive health care services" means any medical
31
services or treatments, including pharmaceutical and preventive care
32
service or treatments, directly involved in the reproductive system
33
and its processes, functions, and organs involved in reproduction, in
34
all stages of life. Reproductive health care services does not
35
include infertility treatment.
36
(d) "Reproductive system" includes, but is not limited to:
37
Genitals, gonads, the uterus, ovaries, fallopian tubes, and breasts.
38
(e) "Well-person preventive visits" means the preventive annual
39
visits recommended by the federal health resources and services
40
p. 5
2SSB 5602.SL
administration women's preventive services guidelines, with the
1
understanding that those visits must be covered for women, and when
2
medically appropriate, for transgender, nonbinary, and intersex
3
individuals.
4
(9) This section may not be construed to authorize discrimination
5
on the basis of gender identity or expression, or perceived gender
6
identity or expression, in the provision of nonreproductive health
7
care services.
8
(10) The commissioner, under RCW 48.30.300, and the human rights
9
commission, under chapter 49.60 RCW shall share enforcement authority
10
over complaints of discrimination under this section as set forth in
11
RCW 49.60.178.
12
(11) The commissioner may adopt rules to implement this section.
13
NEW SECTION. Sec. 4. A new section is added to chapter 70.41
14
RCW to read as follows:
15
(1) By September 1, 2019, every hospital must submit to the
16
department its policies related to access to care regarding:
17
(a) Admission;
18
(b) Nondiscrimination; and
19
(c) Reproductive health care.
20
(2) The department shall post a copy of the policies received
21
under subsection (1) of this section on its web site.
22
(3) If a hospital makes changes to any of the policies listed
23
under subsection (1) of this section, it must submit a copy of the
24
changed policy to the department within thirty days after the
25
hospital approves the changes.
26
(4) A hospital must post a copy of the policies provided to the
27
department under subsection (1) of this section and the form required
28
under subsection (5) of this section to the hospital's own web site
29
in a location where the policies are readily accessible to the public
30
without a required login or other restriction.
31
(5) By September 1, 2019, the department shall, in consultation
32
with stakeholders including a hospital association and patient
33
advocacy groups, develop a simple and clear form to be submitted by
34
hospitals along with the policies required in subsection (1) of this
35
section. The form must provide the public with specific information
36
about which reproductive health care services are and are not
37
generally available at each hospital. The form must include contact
38
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2SSB 5602.SL
information for the hospital in case patients have specific questions
1
about services available at the hospital.
2
NEW SECTION. Sec. 5. A new section is added to chapter 48.43
3
RCW to read as follows:
4
(1) The legislature intends to codify the state's current
5
practice of requiring health carriers to bill enrollees with a single
6
invoice and to segregate into a separate account the premium
7
attributable to abortion services for which federal funding is
8
prohibited. Washington has achieved full compliance with section 1303
9
of the federal patient protection and affordable care act by
10
requiring health carriers to submit a single invoice to enrollees and
11
to segregate into a separate account the premium amounts attributable
12
to coverage of abortion services for which federal funding is
13
prohibited. Further, section 1303 states that the act does not
14
preempt or otherwise have any effect on state laws regarding the
15
prohibition of, or requirement of, coverage, funding, or procedural
16
requirements on abortions.
17
(2) In accordance with RCW 48.43.073 related to requirements for
18
coverage and funding of abortion services, an issuer offering a
19
qualified health plan must:
20
(a) Bill enrollees and collect payment through a single invoice
21
that includes all benefits and services covered by the qualified
22
health plan; and
23
(b) Include in the segregation plan required under applicable
24
federal and state law a certification that the issuer's billing and
25
payment processes meet the requirements of this section.
26
NEW SECTION. Sec. 6. A new section is added to chapter 70.250
27
RCW to read as follows:
28
(1) No later than January 1, 2020, the collaborative shall begin
29
a review to identify, define, and endorse guidelines for the
30
provision of high quality sexual and reproductive health services in
31
clinical settings throughout Washington. This shall include the
32
development of specific clinical recommendations to improve sexual
33
and reproductive health care for:
34
(a) People of color;
35
(b) Immigrants and refugees;
36
(c) Victims and survivors of violence; and
37
(d) People with disabilities.
38
p. 7
2SSB 5602.SL
(2) The collaborative shall conduct its review consistent with
1
the activities, processes, and reporting standards specified in RCW
2
70.250.050. In conducting its review, the collaborative shall apply a
3
whole-person
framework
to
develop
evidence-based,
culturally
4
sensitive recommendations to improve standards of care and health
5
equity.
6
(3) By December 15, 2020, the collaborative, through the
7
authority, shall provide a status report to the committees of the
8
legislature with jurisdiction over matters related to health care and
9
to the governor.
10
NEW SECTION. Sec. 7. The department of health shall develop
11
recommendations for increasing awareness about financial support that
12
is available for preexposure and postexposure prophylaxis. The
13
department of health shall consult with the state board of health,
14
the health care authority, and the health benefit exchange in
15
developing its recommendation related to outreach and education to
16
affected populations. By December 1, 2019, the department of health
17
shall provide its recommendations to the appropriate committees of
18
the legislature.
19
NEW SECTION. Sec. 8. This act may be known and cited as the
20
reproductive health care access for all act.
21
NEW SECTION. Sec. 9. (1) Section 2 of this act takes effect
22
January 1, 2020.
23
(2) Section 3 of this act takes effect January 1, 2021.
24
NEW SECTION. Sec. 10. Section 5 of this act is necessary for
25
the immediate preservation of the public peace, health, or safety, or
26
support of the state government and its existing public institutions,
27
and takes effect immediately.
28
Passed by the Senate April 26, 2019.
Passed by the House April 25, 2019.
Approved by the Governor May 13, 2019.
Filed in Office of Secretary of State May 16, 2019.
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2SSB 5602.SL