SENATE BILL REPORT

SHB 1234

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.

Sponsors: House Committee on Health Care & Wellness (originally sponsored by Representatives Robinson, Lytton, Senn, Frame, Doglio, Tarleton, Hansen, Jinkins, Cody, Ortiz-Self, Riccelli, Stambaugh, Macri, Pollet, Tharinger, Clibborn, Stonier, Caldier, Sells, Gregerson, Wylie, Kilduff, McBride, Goodman, Bergquist, Ormsby, Stanford, Slatter and Kloba).

Brief Summary of Bill

Requires health plans that cover contraceptive drugs to reimburse a 12-month refill of contraceptive drugs obtained at one time.

Majority Report: Do pass.

Signed by Senators Rivers, Chair; Becker, Vice Chair; Cleveland, Ranking Minority Member; Kuderer, Assistant Ranking Minority Member; Bailey, Conway, Keiser, Mullet and Walsh.

Background: Under the federal Affordable Care Act (ACA), all health plans must cover preventive services without cost-sharing. By rule, preventive services include all Food and Drug Administration (FDA)-approved contraceptive methods. Drugs that induce abortions and vasectomies are not included in this coverage mandate. Pursuant to federal rules, a health plan purchased or offered by a religious employer is not required to cover contraceptives.

The ACA requires non-grandfathered individual and small group market health plans to offer the ten essential health benefits categories both inside and outside of the Health Benefit Exchange. States establish the essential health benefits using a supplemented benchmark plan. Prescription drugs, including all FDA-approved contraceptive methods and prescription-based sterilization procedures for women, are included in Washington's essential health benefits package.

Summary of Bill: A regulated health plan issued or renewed on or after January 1, 2018, that includes coverage for contraceptive drugs must reimburse for a 12-month refill of contraceptive drugs obtained at one time by the enrollee, unless the enrollee requests a smaller supply or the prescribing provider instructs that the enrollee must receive a smaller supply.

The plan must allow enrollees to receive the drugs on-site at the provider's office, if available. Any dispensing practices required by the plan must follow clinical guidelines for appropriate prescribing and dispensing to ensure the health of the patient while maximizing access to effective contraceptive drugs. The plan may place a limit on refills in the last quarter of the year after a full year supply has been dispensed.

Staff Summary of Public Testimony: PRO: This bill is the same as the companion bill and it came over with a strong bipartisan vote. We strongly support our patients having better access to birth control. Studies show that access to a 12-month supply of contraceptives results in a 30 percent decrease in unintended pregnancies. Removing a barrier with consistent access to birth control is good for women. Women are juggling busy schedules and transportation challenges. We should remove any unnecessary barriers to access birth control.

Persons Testifying: PRO: Representative June Robinson, Prime Sponsor; Joelle Lucas, American Congress of Obstetricians and Gynecologists; Jessie Turner, National Organization for Women.