Post-session bill updates

March 15, 2018

The 2018 legislative session is officially a wrap. Below you will find a final roundup of bills from session we opposed and that died and ones we supported and that passed. Bills that passed have been sent to the governor for his signature.

Bills WSHA supported that passed

HB 2101 Sexual assault nurse examiners. Directs a study to increase availability of and access to sexual assault nurse examiners statewide.
HB 2408 Individual market stability. Seeks to ensure commercial individual market plans are sold statewide.
HB 2822  Service animal malpresentation. Establishes penalties if a person misrepresents an animal to be a service animal.
SB 6124  Video testimony for ITA hearings. Allows video testimony to be used in involuntary treatment act hearings.
SB 6273 Charity care. Clarifies charity care law and increases standardization regarding notice to patients and staff training on charity care policies and interpreter services.
SB 6399 Pilot for telemedicine payment parity. Directs the telemedicine collaborative to make recommendations by Dec. 1 on a pilot to test payment parity for the following services: Diabetes mellitus, stroke, mental health conditions, opioid dependence and chronic pain.
SB 6408 Body-worn cameras. Preserves privacy protections for body-worn camera recordings that would otherwise have sunset on July 1, 2019.

Bills AWPHD supported that passed

HB 2539 Wellness and superintendent changes. Concerning public hospital district health and wellness promotion activities, and superintendent appointment and removal.

Bills WSHA supported that died

HB 1054 / SB 6048  Tobacco 21. Would have raised to legal age to purchase tobacco to 21.
HB 1640  Advance directives. Would have expanded options for advance directives by adding the option of a notary and clarifying some witness requirements.
HB 2401 / SB 6535  Suspending Ricky’s law. Would have suspended the involuntary treatment act law for substance use disorders if demand exceeded capacity for treatment.
HB 2489  Addressing the opioid crisis. Was a comprehensive act related to opioid use disorder treatment, prevention and related services. This was governor-requested legislation. WSHA was fully supportive of the bill, including additional funding for medication-assisted therapy. We had earlier concerns around a mandate to connect electronic health records (EHRs) to the state prescription monitoring program, but those concerns were addressed.
HB 2541  Informed consent improvements. Would have made it possible for additional family members and close friends who meet certain standards to make medical decisions for a patient who is incapacitated.
HB 2572   Substance use disorder health coverage. Would have required commercial health plans to cover inpatient and residential substance use treatment without prior authorization for the first 24 hours. WSHA supported the bill to increase access to detoxification and treatment programs.
HB 2666 / SB 6146  Local government gun regulation. Would have restored the ability of local governments to regulate firearms.
HB 2688 / SB 6385  Out-of-state pharmacies. Would have mandated that out-of-state pharmacies that ship drugs to Washington State meet certain pharmacy quality standards.
HB 2689  E-prescribing requirements. This bill would have removed the burdensome requirements for the state pharmacy commission to approve electronic prescription technology.
SB 5522   Study of newborn surrenders. Would have required the department of social and health services to collect and publicly report information on the safe surrender of newborn children.

Bills WSHA opposed that died

HB 1715 Nurse meal and rest breaks. Would have mandated stringent meal and rest break requirements, prohibited the use of pre-scheduled on call, and expanded mandatory overtime prohibitions.
HB 1811  Mergers and affiliations. Would have instituted a new process that would have required complicated documentation and review for almost any kind of “material change,” including simple arrangements, such as contracted services.
HB 2114 Balance billing. Would have protected consumers from balance billing charges but created significant administrative burden, cost and liability for hospitals. WSHA opposed the bill last year. This session’s iteration was improved but still had significant issues.
HB 2272 / SB 6050 Pill limits. Would have limited the number of pills a provider could prescribe for a patient’s first opioid prescription.
HB 2482 / SB 6287  Restrictions on health care entities. Would have limited the ability of health care facilities to plan health care services and standardize care.
HB 2325 / SB 6028 Mandated PMP checks. Would have made a requirement that providers check the prescription drug monitoring program prior to writing a prescription for an opioid.
HB 2585 Penalty related to sexual assault examination availability. Would have imposed an unreasonable penalty on hospitals related to providing notice of the availability of forensic evidence kit collection.
HB 2588  Facility fee notice. Would have expanded notification requirements surrounding facility fees charged by hospitals.
HB 2731 Medical debt. Original bill would have severely limited the ability to collect money owed for medical services. WSHA was neutral on a revised bill that would have established a study.
SB 6015 Wrongful death. Would have inappropriately expanded the circumstances and classes of individuals able to sue in cases of wrongful death and expanded potential damages.

Bills on which WSHA was neutral that passed

HB 1239  Medical records. Requires patients receive a free copy of medical records if the patient is appealing a denial of social security benefits.
SB 5084  Breast density notification. Requires health care facilities to include breast density classification in the mammography summary that is required by federal law.
SB 5553  Firearm waiver. Allows patients to put themselves on a list to restrict firearm purchase and requires health care entities to provide information.

Bills on which WSHA was neutral that died

HB 2107  90/180-commitments for patients in community settings. Would have required the state to contract for 90/180-day beds with willing hospitals and community providers.
HB 2258 / SB 5998  Peer review and whistleblower protections. Would have clarified and expanded health care provider and health care facility whistleblower protections.
HB 2894 / SB 6520  Certificate of Need for ambulatory surgical facilities (ASFs). Would have allowed small ASFs that met a four-part test to be exempted from Certificate of Need.
HB 2903 / SB 6522 & SB 6526 Noncompetition agreements. Would have unreasonably prohibited or restricted the use of noncompetition agreements. WSHA was neutral on a compromise version.


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