Staffing mandates bill get first hearing; Consumer health data, insurer contracting bills to receive hearings

January 23, 2023

Thank you to everyone who testified and signed in last week to oppose SB 5236, which institutes hospital staffing mandates, including nurse and certified nurse assistant-to patient ratios by rulemaking. The testimony was compelling and our turnout on the sign-in sheet made our voices heard! The bill is next likely to be scheduled for executive session, in which members of the Senate Committee on Labor & Commerce will vote on whether to advance the bill. Given that all Democrat members of the Labor & Commerce Committee are bill sponsors, and they represent the majority of members on the committee, we expect the bill to pass this committee. Stay tuned for the next steps.

HB 1155: Addressing the collection, sharing, and selling of consumer health data

WSHA has concerns with HB 1155, which intends to imposes HIPAA-like privacy protections to consumer health data that is not covered by federal and state health privacy laws. WSHA supports the bill’s intention of protecting consumer privacy, but is concerned the bill is broadly drafted and applies to data already regulated for health care providers. WSHA is advocating to amend the bill language so that providers who are already covered by health privacy laws are not redundantly regulated and subject to a private right of action.

The House Committee on Civil Rights and Judiciary will hold a public hearing on HB 1155 at 10:30 a.m. Tuesday, Jan. 24. WSHA will testify to these concerns. (Cara Helmer)

SB 5393: Addressing affordability through health care provider contracting

WSHA strongly opposes SB 5393 (and its companion HB 1379), which seeks to “address affordability through health care provider contracting.” It would significantly change the contracting dynamic between hospitals, health systems and insurance carriers by giving commercial insurers the sole ability to determine what hospital entities and services are included in the contract. WSHA is very concerned this will fragment health care and will negatively impact financial viability and access to care, particularly for vulnerable communities and hospitals.

The Senate Committee on Health & Long Term Care will hold a public hearing on SB 5393 at 8 a.m. Friday, Jan. 27. WSHA will testify in opposition. (Andrew Busz)

SB 5241: Concerning material changes to the operations and governance structure of participants in the health care marketplace

WSHA opposes SB 5241, which introduces a host of new requirements, restrictions, barriers and expenses for providers, hospitals, and health systems that are entering into a merger, acquisition, or contracting affiliation. The Legislature passed a law in 2019 requiring health care entities to provide pre-transaction notice to the state Attorney General’s Office (AGO) 60 days before certain transactions. SB 5241 greatly expands on the 2019 bill.

SB 5241 sets out to block any health care transactions that could be perceived to have a negative impact on health care for consumers. The bar is exceptionally high and would prevent many health care transactions from being approved. The bill also places heavy process and cost burden on providers and hospitals, requires the AGO to hire an independent contractor to perform a health equity assessment and shifts the costs of implementation to providers and hospitals through an application fee. The transaction will then be subject to 10 years of oversight, with required annual reporting. The AGO may request documents and conduct on-site compliance at hospital’s expense, with substantial fines for noncompliance.

The Senate Law & Justice will hold a public hearing on Tuesday, Jan. 24 at 10:30 a.m. and WSHA will testify in opposition. (Zosia Stanley)

WSHA Weighing In: Jan. 23-27

WSHA is weighing in on the following bills this week:

Monday, Jan. 23

  • Senate Labor & Commerce

Tuesday, Jan. 24

  • House Civil Rights & Judiciary
    • HB 1155: Addressing the collection, sharing, and selling of consumer health data. See article above. (Cara Helmer)
  • House Finance
    • HB 1265: Establishing a property tax exemption for adult family homes that serve people with intellectual or developmental disabilities and are owned by a nonprofit. (Zosia Stanley)
  • House Health Care & Wellness
    • HB 1255: Reducing stigma and incentivizing health care professionals to participate in a substance use disorder monitoring and treatment program. (Cara Helmer)
    • HB 1452: Establishing a state medical reserve corps. (Ashlen Strong)
  • House Human Services, Youth & Early Learning
    • HB 1278: Supporting guardianships and voluntary placement with nonrelative kin. (Zosia Stanley)
  • Senate Human Services
    • SB 5124: Supporting guardianships and voluntary placement with nonrelative kin. (Zosia Stanley)
  • Senate Labor & Commerce
    • SB 5217: Concerning the state’s ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders. (Remy Kerr)
  • Senate Law & Justice
    • SB 5059: Concerning prejudgment interest. (Cara Helmer)
    • SB 5241: Concerning material changes to the operations and governance structure of participants in the health care marketplace. (Zosia Stanley)
  • Senate Transportation
    • SB 5177: Concerning organ transport vehicles. (Cara Helmer)

Wednesday, Jan. 25

  • House Health Care & Wellness
    • HB 1357: Modernizing the prior authorization process. (Andrew Busz)
  • House Transportation
    • HB 1271: Concerning organ transport vehicles. (Cara Helmer)
  • Senate Human Services
    • SB 5506: Establishing an enhanced behavior support homes model. (Zosia Stanley)

Thursday, Jan. 26

  • House Appropriations
    • HB 1321: Extending the expiration date of the ambulance transport fund. (Andrew Busz)
  • Senate Health & Long Term Care
    • SB 5219: Enacting the interstate counseling compact for licensed mental health counselors. (Katerina LaMarche)
    • SB 5271: Protecting patients in facilities regulated by the department of health by establishing uniform enforcement tools. (Remy Kerr)
  • Senate Labor & Commerce
    • SB 5454: Concerning industrial insurance coverage for posttraumatic stress disorders affecting registered nurses. (Remy Kerr)

Friday, Jan. 27

  • House Health Care & Wellness
    • HB 1348: Establishing behavioral health support specialists. (???)
  • Senate Environment, Energy & Technology
    • SB 5057: Creating a work group to evaluate the costs of the state energy performance standard for covered commercial buildings. (Remy Kerr)
  • Senate Health & Long Term Care
    • SB 5228: Providing occupational therapy services for persons with behavioral health disorders. (Cara Helmer)
    • SB 5393: Addressing affordability through health care provider contracting. (Andrew Busz)

Thank you for testifying!

Thank you to everyone who testified in support of WSHA’s legislative efforts over the last week:

  • June Altaras, RN, Executive Vice President & Chief Quality, Safety, & Nursing Officer, MultiCare
  • Mike Glenn, Chief Executive Officer, Jefferson Healthcare
  • Beth Goetz, RN, Staff Nurse, Coulee Medical Center
  • Sean Gregory, Chief Executive, PeaceHealth Columbia Network
  • Sommer Kleweno-Walley, Chief Executive Officer, UW Medicine/Harborview Medical Center
  • Mike Martinoli, RN, Chief Nursing Officer, Ferry County Memorial Hospital
  • Susan Scott, RN, Chief Operating Officer, Providence Holy Family Hospital
  • Dr. Elizabeth Wako, Chief Executive Providence Swedish Central Puget Sound, Providence Swedish

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