WSHA Comments on Balance Billing Protection Act Stakeholder Draft Rules

August 6, WSHA submitted comments to the state’s  stakeholder draft rule related to the Balance Billing Protection Act (BBPA). This Act passed during the 2019 legislative session and was effective January 1, 2020. In its comments, WSHA requested hospitals be given a longer time period following an emergency room visit before the hospital must notify the patient about their consumer rights.  Under the draft rule, hospitals have only 48 hours following the ER visit.  WSHA is requesting the new notice requirement either be withdrawn or the notice time period made more reasonable.   WSHA’s other comments included support for a requirement that carriers note BBPA applicability via the electronic 835 transaction. WSHA also requested expansion of the information available on OIC’s listing of self-funded groups to ensure hospitals and providers can distinguish between in-state and out of state employer groups. WSHA reiterated its earlier comments requesting OIC apply the criteria for aggregating claims for arbitration broadly to ensure the arbitration process is financially viable for providers. (Andrew Busz, andrewb@wsha.org).