Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

ESSB 6084

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: Exploring enforcement of a requirement to maintain minimum essential health care coverage.

Sponsors: Senate Committee on Health & Long Term Care (originally sponsored by Senators Cleveland, Kuderer, Keiser, Liias, Chase and Conway).

Brief Summary of Engrossed Substitute Bill

  • Requires the Insurance Commissioner to establish a task force on exploring individual mandate enforcement mechanisms.

Hearing Date: 2/21/18

Staff: Jim Morishima (786-7191).

Background:

Under the federal Patient Protection and Affordable Care Act (ACA), all United States citizens and legal residents must maintain minimum essential health coverage or pay a tax penalty (the tax penalty was set at zero by recently enacted federal legislation). People may comply with this requirement in a variety of ways, including through a state or federal program (e.g., Medicaid or Medicare), group coverage (e.g., employer sponsored insurance coverage or self-funded employer coverage), or the individual market. People may purchase individual market insurance on the Health Benefit Exchange (Exchange), through which they may compare plans and access federal premium assistance. People may also purchase individual market coverage outside of the Exchange. State and federal law subject individual market health carriers to a variety of requirements and prohibitions, including guaranteed issue, coverage mandates, community rating, rate review, and minimum medical loss ratios.

Summary of Bill:

The Insurance Commissioner (Commissioner) must convene a task force on exploring individual mandate enforcement mechanisms (Task Force). The Task Force must consist of the following members:

The Task Force must select its chair from among its membership. Meetings of the Task Force must be open to the public and allow for public comment.

The Task Force must review and analyze the feasibility of different options for state enforcement of the requirement to maintain minimum essential coverage and develop recommended options for enforcement. The Task Force must also review and analyze the feasibility of other options to incentivize the maintenance of minimum essential coverage other than a mandate.

The Task Force must report its findings to the Legislature by December 1, 2018. The final report must include an overview of the options reviewed by the Task Force and the Task Force's recommended options.

Appropriation: None.

Fiscal Note: Requested on February 19, 2018.

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