Telemedicine, emergency waivers, Certificate of Need waivers for psychiatric hospitals, worker benefits

January 25, 2021

WSHA will be addressing the following major legislation this week.

SB 5178: Establishing automatic waivers of select state health care laws to enable timely response by the health care system during a governor-declared statewide state of emergency

WSHA strongly supports SB 5178, which would streamline the waiver of state laws in the event of a future health care emergency, allowing the health care community to respond faster. Washington State must learn from the lessons of the current pandemic for how to best respond to future states of emergency. WSHA identified 30 state laws that are critical to waive for hospitals to surge in the event of a future state-wide declared emergency. Our input played a key role in crafting this legislation. The Senate Committee on Health & Long Term Care will hold a public hearing on SB 5178 on Monday, Jan. 25. Read more from WSHA’s issue brief. (Zosia Stanley)

HB 1196: Concerning audio-only telemedicine

WSHA strongly supports HB 1196, which expands the state’s definition of telemedicine to include audio-only services. It would also allow for reimbursement of these visits at the same rate as in-person visits, and it would require the patient to have an established relationship with a provider or a referral from an in-person provider to be eligible. WSHA’s input played a key role in crafting this legislation, which addresses health equity, as it would help rural communities, senior citizens and low-income patients access the care they would otherwise have difficulty accessing. The House Committee on Health Care & Wellness will hold a public hearing on HB 1196 on Monday, Jan. 25 and an executive session on Wednesday, Jan. 27. Read more from WSHA’s issue brief. (David Streeter)

SB 5236: Extending Certificate of Need exemptions

WSHA strongly supports SB 5236, which would extend the current exemption of Certificate of Need laws for psychiatric hospitals for an additional 2 years. The current exemption – which allows acute care hospitals to add unlimited short- and long-term psychiatric beds and allows freestanding psychiatric facilities to add up to 30 short- or long-term psychiatric beds – expires on June 30, 2021. The bill would extend current law but modifies the provisions for freestanding psychiatric hospitals to allow an additional one-time expansion of up to 30 beds for patients on 90- and 180-day civil commitments. These exemptions will be critical to helping the state move forward in its 5-year plan to move long-term civil commitment patients out of Western and Eastern state hospitals and into community settings, where they can be closer to home. WSHA’s input played a key role in crafting this legislation. The Behavioral Health Subcommittee to Health & Long-Term Care will hold a public hearing on SB 5236 on Friday, Jan. 29. Read more in WSHA’s policy brief. (Shirley Prasad)

SB 5190: Providing health care workers with presumptive benefits during a public health emergency

WSHA is seeking amendments to SB 5190, which would presume that if a health care worker contracts a disease that is the subject of a declared public health emergency that the disease was contracted at work. The presumption that an employee contracted COVID at work is concerning when we understand most transmissions are community acquired and many health care workers are already accessing workers’ compensation benefits under existing law. WSHA’s amendment would lower the threshold for the rebuttal presumption and change references specific to quarantine for COVID-19 to instead align with guidance from the US Centers for Disease Control. The legislation also makes adjustments to unemployment insurance benefit requirements during a public health emergency. The Senate Committee on Labor, Commerce & Tribal Affairs will hold a public hearing on SB 5190 on Thursday, Jan. 28. (Alicia Eyler)

WSHA Weighing In: Jan. 25-29

WSHA is weighing in on the following bills this week:

Monday, Jan. 25

  • House Health Care & Wellness
    • HB 1110: Concerning the composition of local boards of health. (Alicia Eyler)
    • HB 1196: Concerning audio-only telemedicine. See article above. (David Streeter)
  • Senate Health & Long Term Care
    • SB 5178: Establishing automatic waivers of select state health care laws to enable timely response by the health care system during a governor-declared statewide state of emergency. See article above. (Zosia Stanley)
    • SB 5169: Concerning provider reimbursement for personal protective equipment during the state of emergency related to COVID-19. (Andrew Busz)
    • SB 5302: Establishing a personal protective equipment vendor database. (Andrew Busz)
    • SB 5294: Concerning the creation of statewide epidemic preparedness and response guidelines for long-term care facilities. (Zosia Stanley)
  • Senate Labor, Commerce & Tribal Affairs
    • SB 5254: Concerning the use of protective devices and equipment during a public health emergency. (Alicia Eyler)
  • Senate Law & Justice
    • SB 5078: Addressing firearm safety measures to increase public safety. (Zosia Stanley)
  • Senate Ways & Means
    • SB 5251: Modifying tax and revenue laws in a manner that is not estimated to affect state or local tax collections, by easing compliance burdens for taxpayers, clarifying ambiguities, making technical corrections, and providing administrative efficiencies. (Chelene Whiteaker)

Tuesday, Jan. 26

  • House Appropriations
    • HB 1275: Concerning nursing facility medicaid rate rebasing, inflation, and case mix. (Zosia Stanley)
  • House Finance
    • HB 1332: Concerning property tax deferral during the COVID-19 pandemic. (Matt Ellsworth)
  • House Local Government
    • HB 1180: Concerning public testimony at public meetings, including virtual meetings. (Matt Ellsworth)
  • Senate Business, Financial Services & Trade
  • Senate Law & Justice
    • SB 5185: Concerning capacity to provide informed consent for health care decisions.            (Zosia Stanley)

Wednesday, Jan. 27

  • House Children, Youth & Families
    • HB 1325: Implementing policies related to children and youth behavioral health. (Jaclyn Greenberg)

Thursday, Jan. 28

  • House Health Care & Wellness
    • HB 1182: Enhancing and expanding behavioral health and suicide prevention crisis response services. (Jaclyn Greenberg)
    • HB 1218: Improving health, safety, and quality of life for residents in long-term care facilities. (Zosia Stanley)
  • Senate Labor, Commerce & Tribal Affairs
    • SB 5190: Providing health care workers with presumptive benefits during a public health emergency. (Alicia Eyler)

Friday, Jan. 29

  • Senate Behavioral Health Subcommittee to Health & Long Term Care
    • SB 5209: Enhancing and expanding behavioral health and suicide prevention crisis response services. (Jaclyn Greenberg)
    • SB 5236: Extending certificate of need exemptions. See article above. (Shirley Prasad)
  • Senate Health & Long Term Care
    • SB 5229: Concerning health equity continuing education for health care professionals. (Alicia Eyler)
    • SB 5246: Concerning reimbursement for primary care services for medicaid beneficiaries. (Andrew Busz)

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