WSHA Comments on Draft Surprise Billing, 340B Drug Program, and Overtime Rules

September 18, 2019

WSHA is actively engaged in the rulemaking process for several rules affecting hospitals.  They include:

Balance Billing Protection Act. WSHA is deeply involved in the rulemaking process for House Bill 1065, the Balance Billing Protection Act, which is effective January 1, 2020.  WSHA wants to ensure requirements for hospitals are reasonable and provisions negotiated between hospitals, providers, and carriers during the legislative process are retained. WSHA submitted comments on the Office of the Insurance Commissioner’s (OIC) second stakeholder draft rules for implementation of the act. WSHA will provide more information as more implementation details are finalized. Additional information is available on the OIC website and on WSHA’s New Law Implementation Guide page.

340B Drug Program. The state Health Care Authority (HCA) released a stakeholder draft of rule changes relating to 340B drugs provided to Medicaid and Medicaid managed care enrollees. The HCA stakeholder draft rules would require an attestation from covered 340B entities participating in the program. In our comments, WSHA requested HCA provide the attestation form in advance so its contents can be reviewed during the rulemaking period and recommended rule language changes to acknowledge differences between 340B policies for fee-for-service and managed care Medicaid.

Labor and Industries Proposed Overtime Rule Changes. WSHA recently commented on proposed rule changes affecting eligibility for overtime for executive, administrative, and professional (EAP) positions. Under the proposed rule, certain positions could lose their exempt status based on a salary threshold, even if they meet current duties tests for exempt status. In our comments, WSHA expressed concerns about the financial impact of the change and unintended negative impacts on workforce development, employee satisfaction, and employee relations. (Andrew Busz,


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