S-4764               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6433

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Rinehart, Johnson, Moore, Deccio and von Reichbauer)

Read first time 2/4/88.

AN ACT Relating to insurance and health care services; adding a new section to chapter 48.20 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; 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 48.20 RCW to read as follows:

          (1) The legislature finds that:

          (a) Phenylketonuria is a rare inherited genetic disorder.

          (b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in the proteins of most food.

          (c) To remain healthy, children with phenylketonuria must maintain a strict diet and ingest a mineral and vitamin-enriched formula.

          (d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.

          (e) Originally, the formulas were listed as prescription drugs but were reclassified as medical foods to increase their availability.

          (2) Subject to  requirements and exceptions which may be established by rules adopted by the commissioner, any disability insurance contract delivered or issued for delivery or renewed in this state on or after September 1, 1988, that insures for hospital or medical expenses shall provide coverage for the food supplements necessary for the treatment of phenylketonuria.

NEW SECTION. Sec. 2.  A new section is added to chapter 48.21 RCW to read as follows:

          (1) The legislature finds that:

          (a) Phenylketonuria is a rare inherited genetic disorder.

          (b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in the proteins of most food.

          (c) To remain healthy, children with phenylketonuria must maintain a strict diet and ingest a mineral and vitamin-enriched formula.

          (d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.

          (e) Originally, the formulas were listed as prescription drugs but were reclassified as medical foods to increase their availability.

          (2) Subject to requirements and exceptions which may be established by rules adopted by the commissioner, any group disability insurance contract delivered or issued for delivery or renewed in this state on or after September 1, 1988, that insures for hospital or medical expenses shall provide coverage for the food supplements necessary for the treatment of phenylketonuria.

NEW SECTION. Sec. 3.  A new section is added to chapter 48.44 RCW to read as follows:

          (1) The legislature finds that:

          (a) Phenylketonuria is a rare inherited genetic disorder.

          (b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in the proteins of most food.

          (c) To remain healthy, children with phenylketonuria must maintain a strict diet and ingest a mineral and vitamin-enriched formula.

          (d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.

          (e) Originally, the formulas were listed as prescription drugs but were reclassified as medical foods to increase their availability.

          (2) Subject to requirements and exceptions which may be established by rules adopted by the commissioner, any contract for health care services delivered or issued for delivery or renewed in this state on or after September 1, 1988, shall provide coverage for the food supplements necessary for the treatment of phenylketonuria.

NEW SECTION. Sec. 4.  A new section is added to chapter 48.46 RCW to read as follows:

          (1) The legislature finds that:

          (a) Phenylketonuria is a rare inherited genetic disorder.

          (b) Children with phenylketonuria are unable to metabolize an essential amino acid, phenylalanine, which is found in the proteins of most food.

          (c) To remain healthy, children with phenylketonuria must maintain a strict diet and ingest a mineral and vitamin-enriched formula.

          (d) Children who do not maintain their diets with the formula acquire severe mental and physical difficulties.

          (e) Originally, the formulas were listed as prescription drugs but were reclassified as medical foods to increase their availability.

          (2) Subject to requirements and exceptions which may be established by rules adopted by the commissioner, any agreement for health care services delivered or issued for delivery or renewed in this state on or after September 1, 1988, shall provide coverage for the food supplements necessary for the treatment of phenylketonuria.

NEW SECTION. Sec. 5.     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 immediately.