CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1689
67TH LEGISLATURE
2022 REGULAR SESSION
Passed by the House March 7, 2022 Yeas 97 Nays 1
Speaker of the House of Representatives Passed by the Senate March 4, 2022 Yeas 48 Nays 0
President of the Senate | CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1689 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Chief Clerk Chief Clerk |
Approved | FILED |
| Secretary of State State of Washington |
ENGROSSED SUBSTITUTE HOUSE BILL 1689
AS AMENDED BY THE SENATE
Passed Legislature - 2022 Regular Session
State of Washington | 67th Legislature | 2022 Regular Session |
ByHouse Health Care & Wellness (originally sponsored by Representatives Walen, Harris, Leavitt, Graham, Duerr, Davis, Slatter, and Tharinger)
READ FIRST TIME 01/27/22.
AN ACT Relating to exempting biomarker testing from prior authorization for patients with late stage cancer; and adding a new section to chapter
48.43 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter
48.43 RCW to read as follows:
(1) Health plans issued or renewed on or after January 1, 2023, shall exempt an enrollee from prior authorization requirements for coverage of biomarker testing for either of the following:
(a) Stage 3 or 4 cancer; or
(b) Recurrent, relapsed, refractory, or metastatic cancer.
(2) For purposes of this section, "biomarker test" means a single or multigene diagnostic test of the cancer patient's biospecimen, such as tissue, blood, or other bodily fluids, for DNA, RNA, or protein alterations, including phenotypic characteristics of a malignancy, to identify an individual with a subtype of cancer, in order to guide patient treatment.
(3) For purposes of this section, biomarker testing must be:
(a) Recommended in the latest version of nationally recognized guidelines or biomarker compendia, such as those published by the national comprehensive cancer network;
(b) Approved by the United States food and drug administration or a validated clinical laboratory test performed in a clinical laboratory certified under the clinical laboratory improvement amendments or in an alternative laboratory program approved by the centers for medicare and medicaid services;
(c) A covered service; and
(d) Prescribed by an in-network provider.
(4) This section does not limit, prohibit, or modify an enrollee's rights to biomarker testing as part of an approved clinical trial under chapter
69.77 RCW.
(5) Nothing in this section may be construed to mandate coverage of a health care service.
(6) Nothing in this section prohibits a health plan from requiring a biomarker test prior to approving a drug or treatment.
(7) This section does not limit an enrollee's rights to access individual gene tests.
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