1337-S.E AMS HEA S2571.1

ESHB 1337 - S COMM AMD

By Committee on Health & Long-Term Care

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 48.43 RCW to read as follows:

    (1) It is the intent of the legislature to clarify the regulatory requirements of a health care provider, health care facility, or a provider network contracting with a third-party payer to provide health care services on a capitation, prepaid, or other at-risk basis.  Further, it is the intent of the legislature to encourage innovation in the delivering and financing of health care services so long as a lawful third-party payer remains ultimately financially responsible for the provision of the health care services for which the public has paid premiums.

    (2) Notwithstanding any other provision of this title, a health care provider, health care facility, or provider network is not engaging in the business of insurance or otherwise subject to the jurisdiction of this title when compensated by a lawful third-party payer on a capitation, prepaid, or other at-risk basis, regardless of whether or not the provider or provider network accepts compensation, which, in turn, is used to pay other types of health care providers or health care facilities for health care services.

    (3) For purposes of this section, "lawful third-party payer" means a health carrier regulated by this title.

    (4) The authority of the state to regulate health care providers, health care facilities, and provider networks as engaging in the business of insurance or otherwise subject to the jurisdiction of this title, when dealing with self-funded third-party payers governed by the federal employee retirement income security act of 1974, as amended, or the federal labor management relations (Taft Hartley) act of 1947, as amended, is governed by federal preemption law."

ESHB 1337 - S COMM AMD

By Committee on Health & Long-Term Care

    On page 1, line 2 of the title, after "coverage;" strike the remainder of the title and insert "and adding a new section to chapter 48.43 RCW."

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