BILL REQ. #:  S-1231.1 



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SENATE BILL 5814
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State of Washington61st Legislature2009 Regular Session

By Senators Franklin and Keiser

Read first time 02/03/09.   Referred to Committee on Health & Long-Term Care.



     AN ACT Relating to harmonizing health benefit plans to provide coverage for elemental formulas; adding a new section to chapter 41.05 RCW; 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; adding a new section to chapter 48.125 RCW; adding a new section to chapter 70.47 RCW; and adding a new section to chapter 74.09 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 41.05 RCW to read as follows:
     (1) Each plan offered to public employees and their covered dependents under this chapter that is not subject to the provisions of Title 48 RCW and is issued or renewed after December 31, 2009, shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of the health care authority to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 2   A new section is added to chapter 48.20 RCW to read as follows:
     (1) Each disability insurance policy issued or renewed after December 31, 2009, that provides coverage for hospital or medical expenses shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of an insurer to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 3   A new section is added to chapter 48.21 RCW to read as follows:
     (1) Each group disability insurance policy issued or renewed after December 31, 2009, that provides coverage for hospital or medical expenses shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of an insurer to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 4   A new section is added to chapter 48.44 RCW to read as follows:
     (1) Each health care service contract issued or renewed after December 31, 2009, that provides coverage for hospital or medical expenses shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of a contractor to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 5   A new section is added to chapter 48.46 RCW to read as follows:
     (1) Each health maintenance agreement issued or renewed after December 31, 2009, that provides coverage for hospital or medical expenses shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of a health maintenance organization to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 6   A new section is added to chapter 48.125 RCW to read as follows:
     (1) Each self-funded multiple employer welfare arrangement established, operated, providing benefits, or maintained in this state after December 31, 2009, that provides coverage for hospital or medical expenses shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of a self-funded multiple employer welfare arrangement to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.47 RCW to read as follows:
     (1) Any schedule of benefits established or renewed by the Washington basic health plan after December 31, 2007, shall provide coverage for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of the health care authority to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

NEW SECTION.  Sec. 8   A new section is added to chapter 74.09 RCW to read as follows:
     (1) The department shall provide coverage under this chapter for amino acid-based elemental formulas for infants and children when medically necessary, regardless of the delivery method. The diagnosis of a disease or condition and administration of the formulas must be ordered by a health care professional licensed under chapter 18.57 or 18.71 RCW.
     (2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of the department to negotiate rates and contract with specific providers for the delivery of covered services. This section does not apply to medicare supplemental policies or supplemental contracts covering a specified disease or other limited benefits.

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