ESHB 2128 -
By Committee on Health & Long-Term Care
ADOPTED AND ENGROSSED 04/15/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that substantial
progress has been made toward achieving the equally important goals set
in 2007 that all children in Washington state have health care coverage
by 2010 and that child health outcomes improve. The legislature also
finds that continued steps are necessary to reach the goals that all
children in Washington state shall have access to the health services
they need to be healthy and ready to learn and that key measures of
child health outcomes will show year by year improvement. The
legislature further finds that reaching these goals is integral to the
state's ability to weather the current economic crisis. The recent
reauthorization of the federal children's health insurance program
provides additional opportunities for the state to reach these goals.
In view of these important objectives, the legislature intends that the
apple health for kids program be managed actively across
administrations in the department of social and health services, and
across state and local agencies, with clear accountability for
achieving the intended program outcomes. The legislature further
intends that the department continue the implementation of the apple
health for kids program with a commitment to fully utilizing the new
program identity with appropriate materials.
Sec. 2 RCW 74.09.470 and 2007 c 5 s 2 are each amended to read as
follows:
(1) Consistent with the goals established in RCW 74.09.402, through
the apple health for kids program authorized in this section, the
department shall provide affordable health care coverage to children
under the age of nineteen who reside in Washington state and whose
family income at the time of enrollment is not greater than two hundred
fifty percent of the federal poverty level as adjusted for family size
and determined annually by the federal department of health and human
services, and effective January 1, 2009, and only to the extent that
funds are specifically appropriated therefor, to children whose family
income is not greater than three hundred percent of the federal poverty
level. In administering the program, the department shall take such
actions as may be necessary to ensure the receipt of federal financial
participation under the medical assistance program, as codified at
Title XIX of the federal social security act, the state children's
health insurance program, as codified at Title XXI of the federal
social security act, and any other federal funding sources that are now
available or may become available in the future. The department and
the caseload forecast council shall estimate the anticipated caseload
and costs of the program established in this section.
(2) The department shall accept applications for enrollment for
children's health care coverage; establish appropriate minimum-enrollment periods, as may be necessary; and determine eligibility
based on current family income. The department shall make eligibility
determinations within the time frames for establishing eligibility for
children on medical assistance, as defined by RCW 74.09.510. The
application and annual renewal processes shall be designed to minimize
administrative barriers for applicants and enrolled clients, and to
minimize gaps in eligibility for families who are eligible for
coverage. If a change in family income results in a change in
((program eligibility)) the source of funding for coverage, the
department shall transfer the family members to the appropriate
((programs)) source of funding and notify the family with respect to
any change in premium obligation, without a break in eligibility. The
department shall use the same eligibility redetermination and appeals
procedures as those provided for children on medical assistance
programs. The department shall modify its eligibility renewal
procedures to lower the percentage of children failing to annually
renew. ((The department shall report to the appropriate committees of
the legislature on its progress in this regard by December 2007.)) The
department shall manage its outreach, application, and renewal
procedures with the goals of: (a) Achieving year by year improvements
in enrollment, enrollment rates, renewals, and renewal rates; (b)
maximizing the use of existing program databases to obtain information
related to earned and unearned income for purposes of eligibility
determination and renewals, including, but not limited to, the basic
food program, the child care subsidy program, federal social security
administration programs, and the employment security department wage
database; (c) streamlining renewal processes to rely primarily upon
data matches, online submissions, and telephone interviews; and (d)
implementing any other eligibility determination and renewal processes
to allow the state to receive an enhanced federal matching rate and
additional federal outreach funding available through the federal
children's health insurance program reauthorization act of 2009 by
January 2010. The department shall advise the governor and the
legislature regarding the status of these efforts by September 30,
2009. The information provided should include the status of the
department's efforts, the anticipated impact of those efforts on
enrollment, and the costs associated with that enrollment.
(3) To ensure continuity of care and ease of understanding for
families and health care providers, and to maximize the efficiency of
the program, the amount, scope, and duration of health care services
provided to children under this section shall be the same as that
provided to children under medical assistance, as defined in RCW
74.09.520.
(4) The primary mechanism for purchasing health care coverage under
this section shall be through contracts with managed health care
systems as defined in RCW 74.09.522 ((except when utilization patterns
suggest that fee-for-service purchasing could produce equally effective
and cost-efficient care)), subject to conditions, limitations, and
appropriations provided in the biennial appropriations act. However,
the department shall make every effort within available resources to
purchase health care coverage for uninsured children whose families
have access to dependent coverage through an employer-sponsored health
plan or another source when it is cost-effective for the state to do
so, and the purchase is consistent with requirements of Title XIX and
Title XXI of the federal social security act. To the extent allowable
under federal law, the department shall require families to enroll in
available employer- sponsored coverage, as a condition of participating
in the program established under ((chapter 5, Laws of 2007)) this
section, when it is cost-effective for the state to do so. Families
who enroll in available employer-sponsored coverage under ((chapter 5,
Laws of 2007)) this section shall be accounted for separately in the
annual report required by RCW 74.09.053.
(5)(a) To reflect appropriate parental responsibility, the
department shall develop and implement a schedule of premiums for
children's health care coverage due to the department from families
with income greater than two hundred percent of the federal poverty
level. For families with income greater than two hundred fifty percent
of the federal poverty level, the premiums shall be established in
consultation with the senate majority and minority leaders and the
speaker and minority leader of the house of representatives. Premiums
shall be set at a reasonable level that does not pose a barrier to
enrollment. The amount of the premium shall be based upon family
income and shall not exceed the premium limitations in Title XXI of the
federal social security act. Premiums shall not be imposed on children
in households at or below two hundred percent of the federal poverty
level as articulated in RCW 74.09.055.
(b) Beginning no later than January 1, ((2009)) 2010, the
department shall offer families whose income is greater than three
hundred percent of the federal poverty level the opportunity to
purchase health care coverage for their children through the programs
administered under this section without ((a)) an explicit premium
subsidy from the state. The design of the health benefit package
offered to these children should provide a benefit package
substantially similar to that offered in the apple health for kids
program, and may differ with respect to cost-sharing, and other
appropriate elements from that provided to children under subsection
(3) of this section including, but not limited to, application of
preexisting conditions, waiting periods, and other design changes
needed to offer affordable coverage. The amount paid by the family
shall be in an amount equal to the rate paid by the state to the
managed health care system for coverage of the child, including any
associated and administrative costs to the state of providing coverage
for the child. Any pooling of the program enrollees that results in
state fiscal impact must be identified and brought to the legislature
for consideration.
(6) The department shall undertake and continue a proactive,
targeted outreach and education effort with the goal of enrolling
children in health coverage and improving the health literacy of youth
and parents. The department shall collaborate with the department of
health, local public health jurisdictions, the office of (([the])) the
superintendent of public instruction, the department of early learning,
health educators, health care providers, health carriers, community-based organizations, and parents in the design and development of this
effort. The outreach and education effort shall include the following
components:
(a) Broad dissemination of information about the availability of
coverage, including media campaigns;
(b) Assistance with completing applications, and community-based
outreach efforts to help people apply for coverage. Community-based
outreach efforts should be targeted to the populations least likely to
be covered;
(c) Use of existing systems, such as enrollment information from
the free and reduced-price lunch program, the department of early
learning child care subsidy program, the department of health's women,
infants, and children program, and the early childhood education and
assistance program, to identify children who may be eligible but not
enrolled in coverage;
(d) Contracting with community-based organizations and government
entities to support community-based outreach efforts to help families
apply for coverage. These efforts should be targeted to the
populations least likely to be covered. The department shall provide
informational materials for use by government entities and community-based organizations in their outreach activities, and should identify
any available federal matching funds to support these efforts;
(e) Development and dissemination of materials to engage and inform
parents and families statewide on issues such as: The benefits of
health insurance coverage; the appropriate use of health services,
including primary care provided by health care practitioners licensed
under chapters 18.71, 18.57, 18.36A, and 18.79 RCW, and emergency
services; the value of a medical home, well-child services and
immunization, and other preventive health services with linkages to
department of health child profile efforts; identifying and managing
chronic conditions such as asthma and diabetes; and the value of good
nutrition and physical activity;
(f) An evaluation of the outreach and education efforts, based upon
clear, cost-effective outcome measures that are included in contracts
with entities that undertake components of the outreach and education
effort;
(g) ((A feasibility study and)) An implementation plan to develop
online application capability that is integrated with the department's
automated client eligibility system, and to develop data linkages with
the office of (([the])) the superintendent of public instruction for
free and reduced-price lunch enrollment information and the department
of early learning for child care subsidy program enrollment
information. ((The department shall submit a feasibility study on the
implementation of the requirements in this subsection to the governor
and legislature by July 2008.))
(7) The department shall take action to increase the number of
primary care physicians providing dental disease preventive services
including oral health screenings, risk assessment, family education,
the application of fluoride varnish, and referral to a dentist as
needed.
(8) The department shall monitor the rates of substitution between
private-sector health care coverage and the coverage provided under
this section and shall report to appropriate committees of the
legislature by December 2010.
NEW SECTION. Sec. 3 The department must identify, within
existing resources, a staff position as the single point of contact and
coordination for the apple health for kids program. The position must
ensure planning and coordination of all aspects of the apple health for
kids program across all the involved agencies and with the various
stakeholders, facilitate the collection, reporting, and analysis of the
outcome data required in section 4 of this act, and facilitate the
collection and reporting of the data required in section 2 of this act.
The position must strive to provide transparency and accountability for
the apple health for kids program and provide public reporting of the
data required in sections 2 and 4 of this act.
Sec. 4 RCW 74.09.480 and 2007 c 5 s 4 are each amended to read as
follows:
(1) The department, in collaboration with the department of health,
health carriers, local public health jurisdictions, children's health
care providers including pediatricians, family practitioners, and
pediatric subspecialists, community and migrant health centers,
parents, and other purchasers, shall ((identify explicit performance
measures that indicate that a child has an established and effective
medical home, such as)) establish a concise set of explicit performance
measures that can indicate whether children enrolled in the program are
receiving health care through an established and effective medical
home, and whether the overall health of enrolled children is improving.
Such indicators may include, but are not limited to:
(a) Childhood immunization rates;
(b) Well child care utilization rates, including the use of
behavioral and oral health screening, and validated, structured
developmental ((assessment tools that include behavioral and oral
health screening)) screens using tools, that are consistent with
nationally accepted pediatric guidelines and recommended administration
schedule, once funding is specifically appropriated for this purpose;
(c) Care management for children with chronic illnesses;
(d) Emergency room utilization; ((and))
(e) Visual acuity and eye health;
(f) Preventive oral health service utilization; and
(g) Children's mental health status. In defining these measures
the department shall be guided by the measures provided in RCW
71.36.025.
Performance measures and targets for each performance measure must
be ((reported to the appropriate committees of the senate and house of
representatives by December 1, 2007)) established and monitored each
biennium, with a goal of achieving measurable, improved health outcomes
for the children of Washington state each biennium.
(2) Beginning in calendar year 2009, targeted provider rate
increases shall be linked to quality improvement measures established
under this section. The department, in conjunction with those groups
identified in subsection (1) of this section, shall develop parameters
for determining criteria for increased payment, alternative payment
methodologies, or other incentives for those practices and health plans
that incorporate evidence-based practice and improve and achieve
sustained improvement with respect to the measures ((in both fee for
service and managed care)).
(3) The department shall provide ((an annual)) a report to the
governor and the legislature related to provider performance on these
measures, beginning in September 2010 for 2007 through 2009 and
((annually)) biennially thereafter. The department shall advise the
legislature as to its progress towards developing this biennial
reporting system by September 30, 2009.
NEW SECTION. Sec. 5 This act may be known and cited as the apple
health for kids act."
ESHB 2128 -
By Committee on Health & Long-Term Care
ADOPTED AND ENGROSSED 04/15/2009
On page 1, line 2 of the title, after "2010;" strike the remainder of the title and insert "amending RCW 74.09.470 and 74.09.480; and creating new sections."