AN ACT Relating to health insurance; adding a new section to chapter 48.02 RCW; adding a new section to chapter 48.21 RCW; adding a new section to chapter 48.44 RCW; adding a new section to chapter 48.46 RCW; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 48.21 RCW to read as follows:

(1) Each group disability insurance contract which is issued, delivered, or renewed in this state on or after January 1, 1986, and which does not already include benefits for acupuncture, shall offer optional supplemental coverage for acupuncture for the insured and the insured's covered dependents. Acupuncture shall be covered under the optional supplemental coverage if treatment is rendered by a physician licensed under chapter 18.71 or 18.57 RCW. Acupuncture shall be covered at the usual and customary rates for such services. However, acupuncture services may be subject to contract provisions with respect to reasonable deductible amounts or copayments.

(2) The group disability insurance contract may provide that coverage for acupuncture is waived for all covered members if the contract holder so states in advance in writing to the insurer.

(3) For the purposes of this section, "acupuncture" means the insertion of needles into the human body by piercing the skin of the body for the purpose of relieving pain, treating disease, or to produce analgesia.

NEW SECTION. Sec. 2. A new section is added to chapter 48.44 RCW to read as follows:

(1) Each group contract for health care services under this chapter which is issued, delivered, or renewed in this state on or after January 1, 1986, and which does not already include benefits for acupuncture, shall offer optional supplemental coverage for acupuncture for the insured and the insured's covered dependents. Acupuncture shall be covered under the optional supplemental coverage if treatment is rendered by a physician licensed under chapter 18.71 or 18.57 RCW. Acupuncture shall be covered at the usual and customary rates for such treatment. However, the treatment may be subject to contract provisions with respect to reasonable deductible amounts or copayments.

(2) The group contract for health care services may provide that the coverage for acupuncture is waived for all covered members if the contract holder so states in advance in writing to the health care service contractor.

NEW SECTION. Sec. 3. A new section is added to chapter 48.46 RCW to read as follows:

(1) Each group health maintenance agreement which is issued, delivered, or renewed in this state on or after January 1, 1986, and which does not already include benefits for acupuncture, shall offer optional supplemental coverage for acupuncture to the enrolled participant and the enrolled participant's covered dependents. Acupuncture shall be covered under the optional supplemental coverage if treatment is rendered by the health maintenance organization or if the health maintenance organization refers the enrolled participant or the enrolled participant's covered dependents for treatment to a physician licensed under chapter 18.71 or 18.57 RCW. Acupuncture shall be covered at the usual and customary rates for such treatment. However, the treatment may be subject to contract provisions with respect to reasonable deductible amounts or copayments.

(2) The group health maintenance agreement may provide that the coverage for acupuncture treatment is waived for all covered members if the contract holder so states in advance in writing to the health maintenance organization.

NEW SECTION. Sec. 4. A new section is added to chapter 48.02 RCW to read as follows:

The insurance commissioner shall, by rule pursuant to chapter 34.04 RCW, determine what constitutes an offering, waiver, or refusal of any mandatory optional health care offering by health care benefits carriers.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.