Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

SSB 5728

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning screening for HIV infection.

Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Darneille, Rivers, Rolfes, Ranker, Keiser, Parlette, Hasegawa, Chase and Jayapal).

Brief Summary of Substitute Bill

  • Requires clinicians to offer voluntary screening for HIV infection for all patients ages 13 through 64 years and for all pregnant women.

  • Patients must be told that HIV testing is planned and that HIV testing will be performed unless the patient declines.

Hearing Date: 2/23/16

Staff: Ariele Landstrom (786-7190).

Background:

Federal law and regulations require group and individual health plans to provide coverage without a cost-sharing requirement for certain recommended preventive services, including evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force (USPSTF).

The USPSTF recommends that adolescents and adults ages 15 to 65 and all pregnant women should be screened for HIV infection. The Centers for Disease Control and Prevention recommends HIV screening for patients ages 13 to 64, after the patient is notified that testing will be performed unless the patient declines, and for all pregnant women unless the patient declines.

No person may undergo HIV testing without the person's consent except in certain circumstances involving persons who are not competent to make health care decisions, persons involved in seroprevalence studies, persons receiving worker's compensation benefits, or persons convicted of certain crimes or incarcerated persons.

Summary of Bill:

Screening for HIV infection must be offered by clinicians for all patients ages 13 through 64 years and for all pregnant women. The screening is voluntary and may be undertaken only after the patient or the patient's authorized representative has been told that HIV testing is planned and that HIV testing will be performed unless the patient declines.

If a health care provider offers to perform an HIV test, and the patient or patient's authorized representative declines the HIV test, the health care provider may not use the fact that the person has declined the HIV test as a basis for denying services or treatment, other than an HIV test, to the person.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.