2SSB 5945 -
By Committee on Health & Human Services Appropriations
ADOPTED AS AMENDED 04/16/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that the principles
for health care reform articulated by President Obama in his proposed
federal fiscal year 2010 budget to the congress of the United States
provide an opportunity for the state of Washington to be both a partner
with, and a model for, the federal government in its health care reform
efforts.
NEW SECTION. Sec. 2 (1) The following principles shall provide
guidance to the state of Washington in its health care reform
deliberations:
(a) Guarantee choice. Provide Americans a choice of health plans
and physicians. People will be allowed to keep their own doctor and
their employer-based health plan.
(b) Make health coverage affordable. Reduce waste and fraud, high
administrative costs, unnecessary tests and services, and other
inefficiencies that drive up costs with no added health benefits.
(c) Protect families' financial health. Reduce the growing
premiums and other costs American citizens and businesses pay for
health care. People must be protected from bankruptcy due to
catastrophic illness.
(d) Invest in prevention and wellness. Invest in public health
measures proven to reduce cost drivers in our system, such as obesity,
sedentary lifestyles, and smoking, as well as guarantee access to
proven preventive treatments.
(e) Provide portability of coverage. People should not be locked
into their job just to secure health coverage, and no American should
be denied coverage because of preexisting conditions.
(f) Aim for universality. Building on the work of the blue ribbon
commission and other state health care reform initiatives and
recognizing the current economic climate, the state will partner with
national health care reform efforts toward a goal of enabling all
Washingtonians to have access to affordable, effective health care by
2014 as economic conditions and national reforms indicate.
(g) Improve patient safety and quality care. Ensure the
implementation of proven patient safety measures and provide incentives
for changes in the delivery system to reduce unnecessary variability in
patient care. Support the widespread use of health information
technology with rigorous privacy protections and the development of
data on the effectiveness of medical interventions to improve the
quality of care delivered.
(h) Maintain long-term fiscal sustainability. Any reform plan must
pay for itself by reducing the level of cost growth, improving
productivity, and dedicating additional sources of revenue.
(2) Over the past twenty years, both the private and public health
care sectors in the state of Washington have implemented policies that
are consistent with the principles in subsection (1) of this section.
Most recently, the governor's blue ribbon commission on health reform
agreed to recommendations that are highly consistent with those
principles. Current policies in Washington state in accord with those
principles include:
(a) With respect to aiming for universality and access to a choice
of affordable health care plans and health care providers:
(i) The Washington basic health plan offers affordable health
coverage to low-income families and individuals in Washington state
through a choice of private managed health care plans and health care
providers;
(ii) Apple health for kids will achieve its dual goals that every
child in Washington state have health care coverage by 2010 and that
the health status of children in Washington state be improved. Only
four percent of children in Washington state lack health insurance, due
largely to efforts to expand coverage that began in 1993;
(iii) Through the health insurance partnership program, Washington
state has designed the infrastructure for a health insurance exchange
for small employers that would give employers and employees a choice of
private health benefit plans and health care providers, offer
portability of coverage and provide a mechanism to offer premium
subsidies to low-wage employees of these employers;
(iv) Purchasers, insurance carriers, and health care providers are
working together to significantly reduce health care administrative
costs. These efforts have already produced efficiencies, and will
continue through the activities provided in Substitute House Bill No.
1647 and Second Substitute Senate Bill No. 5346, if enacted by the 2009
legislature; and
(v) Over one hundred thousand Washingtonians have enrolled in the
state's discount prescription drug card program, saving consumers over
six million dollars in prescription drug costs since February 2007,
with an average discount of twenty-two dollars or forty-three percent
of the price of each prescription filled.
(b) With respect to improving patient safety and quality of care
and investing in prevention and wellness, the public and private health
care sectors are engaged in numerous nationally recognized efforts:
(i) The Puget Sound health alliance is a national leader in
identifying evidence-based health care practices, and reporting to the
public on health care provider performance with respect to these
practices. Many of these practices address disease prevention and
management of chronic illness;
(ii) The Washington state health technology assessment program and
prescription drug program use medical evidence and independent clinical
advisors to guide the purchasing of clinically and cost-effective
health care services by state-purchased health care programs;
(iii) Washington state's health record bank pilot projects are
testing a new model of patient controlled electronic health records in
three geographic regions of the state. The state has also provided
grants to a number of small provider practices to help them implement
electronic health records;
(iv) Efforts are underway to ensure that the people of Washington
state have a medical home, with primary care providers able to
understand their needs, meet their care needs effectively, better
manage their chronic illnesses, and coordinate their care across the
health care system. These efforts include group health cooperative of
Puget Sound's medical home projects, care collaboratives sponsored by
the state department of health, state agency chronic care management
pilot projects; development of apple health for kids health improvement
measures as indicators of children having a medical home, and
implementation of medical home reimbursement pilot projects under
Substitute Senate Bill No. 5891 and Second Substitute House Bill No.
2114, if enacted by the 2009 legislature; and
(v) Health care providers, purchasers, the state, and private
quality improvement organizations are partnering to undertake numerous
patient safety efforts, including hospital and ambulatory surgery
center adverse events reporting, with root cause analysis to identify
actions to be undertaken to prevent further adverse events; reporting
of hospital acquired infections and undertaking efforts to reduce the
rate of these infections; developing a surgical care outcomes
assessment program that includes a presurgery checklist to reduce
medical errors, and developing a patient decision aid pilot to more
fully inform patients of the risks and benefits of treatment
alternatives, decrease unnecessary procedures and variation in care,
and provide increased legal protection to physicians whose patients use
a patient decision aid to provide informed consent.
NEW SECTION. Sec. 3 (1) Beginning October 1, 2009, the governor
shall convene quarterly meetings of the Washington health partnership
advisory group. The advisory group will review progress and provide
input related to further actions that can be taken in both the public
and private sectors to implement the principles stated in section 2 of
this act and the findings of the governor's blue ribbon commission on
health reform. The membership of the advisory group shall include:
(a) Two members of the house of representatives and two members of
the senate, representing the majority and minority caucuses of each
body;
(b) The insurance commissioner;
(c) The secretary of the department of social and health services,
the administrator of the health care authority, the director of the
department of labor and industries, and the director of the office of
financial management;
(d) Members of the forum, the Puget Sound health alliance, national
federation of independent business, and the healthy Washington
coalition, who will ensure that the perspectives of large and small
employers, providers, health carriers, labor organizations, and
consumers are actively involved in the group.
(2) The advisory group shall monitor the status and outcomes of
activities at the state level with respect to their impact on access to
affordable health care, cost containment and quality of care including,
but not limited to:
(a) The programs and efforts described in section 2(2) of this act;
(b) Medicaid waivers submitted under sections 4 and 5 of this act;
and
(c) Efforts to consolidate state health purchasing and streamline
administration of the purchasing.
(3) The advisory group shall monitor the progress of health care
reform legislation at the federal level, with the goal of aligning
state health care activities so that the state is poised to participate
in federal health care reform. If federal legislation is enacted that
offers states the opportunity to undertake health care reform
demonstration efforts, the governor, with the advice of the group
established under this section, should actively seek to participate as
a demonstration site.
(4) In its deliberations, the advisory group shall consider recent
reports that have analyzed various health care reform proposals in
Washington state.
(5) Members of the advisory group shall not be reimbursed for
travel and per diem related to activities of the advisory group.
(6) The advisory group expires June 30, 2010.
NEW SECTION. Sec. 4 (1) The department shall submit a section
1115 demonstration waiver request to the federal department of health
and human services to expand and revise the medical assistance program
as codified in Title XIX of the federal social security act. The
waiver request should be designed to ensure the broadest federal
financial participation under Title XIX and XXI of the federal social
security act. To the extent permitted under federal law, the waiver
request should include the following components:
(a) Establishment of a single eligibility standard for low-income
persons, including expansion of categorical eligibility to include
childless adults. The department shall request that the single
eligibility standard be phased in such that incremental steps are taken
to cover additional low-income parents and individuals over time, with
the goal of offering coverage to persons with household income at or
below two hundred percent of the federal poverty level;
(b) Establishment of a single seamless application and eligibility
determination system for all state low-income medical programs included
in the waiver. Applications may be electronic and may include an
electronic signature for verification and authentication. Eligibility
determinations should maximize federal financing where possible;
(c) The delivery of all low-income coverage programs as a single
program, with a common core benefit package that may be similar to the
basic health benefit package or an alternative benefit package approved
by the secretary of the federal department of health and human
services, including the option of supplemental coverage for select
categorical groups, such as children, and individuals who are aged,
blind, and disabled;
(d) A program design to include creative and innovative approaches
such as: Coverage for preventive services with incentives to use
appropriate preventive care; enhanced medical home reimbursement and
bundled payment methodologies; cost-sharing options; use of care
management and care coordination programs to improve coordination of
medical and behavioral health services; application of an innovative
predictive risk model to better target care management services; and
mandatory enrollment in managed care, as may be necessary;
(e) The ability to impose enrollment limits or benefit design
changes for eligibility groups that were not eligible under the Title
XIX state plan in effect on the date of submission of the waiver
application;
(f) A premium assistance program whereby employers can participate
in coverage options for employees and dependents of employees otherwise
eligible under the waiver. The waiver should make every effort to
maximize enrollment in employer-sponsored health insurance when it is
cost-effective for the state to do so, and the purchase is consistent
with the requirements of Titles XIX and XXI of the federal social
security act. To the extent allowable under federal law, the
department shall require enrollment in available employer-sponsored
coverage as a condition of eligibility for coverage under the waiver;
and
(g) The ability to share savings that might accrue to the federal
medicare program, Title XVIII of the federal social security act, from
improved care management for persons who are eligible for both medicare
and medicaid. Through the waiver application process, the department
shall determine whether the state could serve, directly or by contract,
as a medicare special needs plan for persons eligible for both medicare
and medicaid.
(2) The department shall hold ongoing stakeholder discussions as it
is developing the waiver request, and provide opportunities for public
review and comment as the request is being developed.
(3) The department and the health care authority shall identify
statutory changes that may be necessary to ensure successful and timely
implementation of the waiver request as submitted to the federal
department of health and human services as the apple health program for
adults.
(4) The legislature must authorize implementation of any waiver
approved by the federal department of health and human services under
this section.
NEW SECTION. Sec. 5 (1) The department shall continue to submit
applications for the family planning waiver program.
(2) The department shall submit a request to the federal department
of health and human services to amend the current family planning
waiver program as follows:
(a) Provide coverage for sexually transmitted disease testing and
treatment;
(b) Return to the eligibility standards used in 2005 including, but
not limited to, citizenship determination based on declaration or
matching with federal social security databases, insurance eligibility
standards comparable to 2005, and confidential service availability for
minors and survivors of domestic and sexual violence; and
(c) Within available funds, increase income eligibility to two
hundred fifty percent of the federal poverty level, to correspond with
income eligibility for publicly funded maternity care services.
NEW SECTION. Sec. 6 Sections 2 and 3 of this act are each added
to chapter
NEW SECTION. Sec. 7 Sections 4 and 5 of this act are each added
to chapter
Correct the title.