WSHA Comments on Second Balance Billing Stakeholder Draft Rule

September 16, 2020

August 31, WSHA submitted comments to the Office of the Insurance Commissioner (OIC) on its second stakeholder draft rules for implementation of the Balance Billing Protection Act (BBPA). WSHA’s comments reflect concerns expressed by member hospitals that the 48-hour period in the stakeholder draft was not enough time in all instances to provide patients with a copy of the BBPA notice of consumer rights following emergency services. The 48-hour limit is problematic if the notice cannot be provided electronically or in person at times regular mail service may not be available, such as weekends. OIC indicated it is considering our concerns and plans to release its proposed rule (CR102) around September 23, which will be followed by a hearing and comment period. WSHA will continue to monitor the rulemaking process and make information available to members. (Andrew Busz,


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