Liability protection bill passes the Senate

Monday, Feb. 22 marked the second cutoff of session, when all bills must have passed through fiscal committees. The next cutoff is Tuesday, March 9, when all bills must pass through their house of origin to continue advancing. Bills still alive will then advance through the opposite chamber.

SSB 5271: Providing liability protections for health care providers and facilities that recognizes the evolving standards of care during COVID-19

WSHA strongly supports SB 5271, which provides legal protections for health care providers and facilities on the front lines of the COVID-19 pandemic. We are pleased to report the bill has passed the Senate with unanimous support and now advances to the House. WSHA worked hard to negotiate this bill in advance of the legislative session given hospitals’ central role caring for COVID patients during this pandemic. Read more about SSB 5271 from the Feb. 8 Inside Olympia. (Alicia Eyler)

SHB 1095: B&O tax exemption for COVID-19 emergency grants

WSHA strongly supports SHB 1095, which exempts emergency-related state or federal grants from business and occupation (B&O) tax as long as the grants are spent on emergency expenditures consistent with the grant’s terms. WSHA provided input to the Department of Revenue (DOR) to ensure the exemption also applies to federal and state grants provided through authorized third-party organizations. The bill also contains a provision that exempts grantees from the sales and use tax on grants received, though purchases using grant funds will still be subject to sales and use tax. Given that the sales tax rate is higher than the B&O tax rate, this provision provides significant benefit in addition to the B&O exemption.

The bill, which was drafted by the DOR, has passed both chambers of the Legislature and has been delivered to the governor for his signature. This legislation will be helpful for COVID relief, as it will allow funding to be more impactful since much of it will not be subject to tax. Read more from WSHA’s issue brief. (Andrew Busz)

Bills still alive after cutoff

Bills WSHA supports

SHB 1074	Concerning overdose and suicide fatality reviews.
SHB 1095	Concerning the taxation of governmental financial assistance programs addressing the impacts of conditions giving rise to a gubernatorial or presidential emergency proclamation (exempting federal, state, and local COVID grants from B&O tax). WSHA provided significant input on this bill prior to session.
HB 1096	Concerning nonmedicare plans offered through the Washington State health insurance pool.
ESHB 1120	Concerning state of emergency operations impacting long-term services and supports.
SHB 1141	Increasing access to the death with dignity act.
SHB 1196	Concerning audio-only telemedicine. WSHA strongly support this version of the bill.
HB 1316	Concerning the hospital safety net assessment.
HB 1325	Implementing policies related to children and youth behavioral health.
SHB 1354	Concerning youth suicide review teams
HB 1367	Revising 2019-2021 fiscal biennium appropriations of state and federal funding for previously implemented Medicaid rates and other Medicaid expenditures in the developmental disabilities and long-term care programs in response to the COVID-19 pandemic.
ESHB 1368	Responding to the COVID-19 pandemic through state actions supported by federal funding.
HB 1378	Concerning the supervision of medical assistants.
SHB 1445	Concerning the definition of compounding for purposes of the practice of pharmacy.
2SHB 1504	Modifying the workforce education investment act.
2SSB 5062	Concerning the management, oversight, and use of data.
2SSB 5071	Creating transition teams to assist specified persons under civil commitment.
SSB 5073	Concerning involuntary treatment. Concerning involuntary treatment.
SSB 5074	Relating to establishing safe station pilot programs for persons in need of substance use disorder treatment.
SSB 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.
SSB 5179	Concerning blood donation.
SSB 5185	Concerning capacity to provide informed consent for health care decisions.
SSB 5236	Extending certificate of need exemptions for psychiatric beds.
SSB 5271	Amending the necessary elements of proof of injury during the state of emergency declared due to the COVID-19 pandemic.
SSB 5294	Concerning the creation of statewide epidemic preparedness and response guidelines for long-term care facilities.
2SSB 5313	Concerning health insurance discrimination.
SSB 5325	Concerning telemedicine. This version has been modified to apply to community behavioral health providers.
SSB 5370	Updating mental health advance directive laws.
2SSB 5420	Concerning data reporting requirements for hospitals.
SSB 5423	Concerning telemedicine consultations.

Bills WSHA opposes or with which it has concerns

2SHB 1073	Expanding coverage of the paid family and medical leave program.
2SHB 1076	Allowing whistleblowers to bring actions on behalf of the state for violations of workplace protections.
SHB 1097	Increasing worker protections.
SHB 1124	Concerning nurse delegation of glucose monitoring, glucose testing, and insulin injections.
2SHB 1160	Concerning health provider contracts.
2SHB 1272	Concerning health system transparency.
2SHB 1477	Implementing the national 988 system to enhance and expand behavioral health crisis response and suicide prevention services. WSHA has provided extensive comments on this bill to ensure the concepts match the reality of the behavioral health system. Additionally, we have been advocating for more resources for the system.
SSB 5025	Concerning the consumer protection improvement act.
SSB 5064	Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.
SSB 5097	Expanding of the paid family and medical leave program.
SSB 5115	Establishing health emergency labor standards.
SSB 5140	Protecting pregnancy and miscarriage-related patient care.
2SSB 5155	Concerning prejudgment interest.
SSB 5190	Providing health care workers with presumptive benefits during a public health emergency.
2SSB 5195	Relating to prescribing opioid overdose reversal medication.
2SSB 5377	Increasing affordability of standardized plans on the individual market (public option)
SSB 5412	Facilitating supportive relationships with family and significant individuals within the behavioral health system.

Bills WSHA has gotten amended to neutral or did not take a position on

2SHB 1086	Creating the state office of behavioral health consumer advocacy. WSHA worked to ensure this bill did not create a duplicate regulatory process for hospitals providing behavioral health care.
SHB 1109	Concerning victims of sexual assault.
2SHB 1148	Protecting patients in acute care hospitals.
2SHB 1152	Supporting measures to create comprehensive public health districts.
2SHB 1161	Modifying the requirements for drug take-back programs.
SHB 1197	Concerning health care decisions made by a designated person.
SHB 1314	Concerning veteran diversion from involuntary commitment. WSHA worked to ensure efforts to connect people to VA services did not interfere with the involuntary treatment process.
SSB 5025	Concerning the consumer protection improvement act.
SSB 5034	Concerning nonprofit corporations.
SSB 5254	Concerning the use of protective devices and equipment during a public health emergency. WSHA worked to ensure this bill reflected hospital concerns for infection control.

WSHA weighing in: Feb. 22-26

WSHA is weighing in on the following bills this week: