CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2229
Chapter 210, Laws of 2018
65th Legislature
2018 Regular Session
DENTAL PRACTICE--INTEGRATED CARE DELIVERY SYSTEMS
EFFECTIVE DATE: June 7, 2018
SUBSTITUTE HOUSE BILL 2229
AS AMENDED BY THE SENATE
Passed Legislature - 2018 Regular Session
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State of Washington | 65th Legislature | 2018 Regular Session |
By House Health Care & Wellness (originally sponsored by Representative Macri)
READ FIRST TIME 02/02/18.
AN ACT Relating to the applicability of dental practice laws to integrated care delivery systems; and amending RCW
18.32.675.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.32.675 and 2017 c 320 s 2 are each amended to read as follows:
(1) No corporation shall practice dentistry or shall solicit through itself, or its agent, officers, employees, directors or trustees, dental patronage for any dentists or dental surgeon employed by any corporation: PROVIDED, That nothing contained in this chapter shall prohibit a corporation from employing a dentist or dentists to render dental services to its employees: PROVIDED, FURTHER, That such dental services shall be rendered at no cost or charge to the employees; nor shall it apply to corporations or associations in which the dental services were originated and are being conducted upon a purely charitable basis for the worthy poor.
(2) Nothing in this chapter precludes a person or entity not licensed by the commission from:
(a) Ownership or leasehold of any assets used by a dental practice, including real property, furnishings, equipment, instruments, materials, supplies, and inventory, excluding dental records of patients;
(b)(i) Employing or contracting for the services of personnel other than licensed dentists, licensed dental hygienists, licensed expanded function dental auxiliaries, certified dental anesthesia assistants, and registered dental assistants;
(ii) Contracting for the services of a licensed dentist or employing or contracting for the services of licensed dental hygienists, licensed expanded function dental auxiliaries, certified dental anesthesia assistants, and registered dental assistants if the entity is a health service contractor that is licensed under chapter 48.44 RCW and is organized as a nonprofit integrated care delivery system, if all of the following conditions are met: (A) The arrangement between the parties meets the personal services and management contracts safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(d); and
(B) The arrangement between the parties meets either of the following safe harbors:
(I) The managed care organization safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(t); or
(II) The space rental safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(b) and the equipment rental safe harbor requirements as provided by 42 C.F.R. Sec. 1001.952(c);
(c) Providing business support and management services to a dental practice, including as a sole provider of such services; and
(d) Receiving fees for the services in (a) through (c) of this subsection provided to a dental practice calculated as agreed to by the dental practice owner or owners.
(3)
Nothing in this chapter shall prohibit a health carrier as defined in RCW 48.43.005, while acting in its capacity as a health carrier and in no other capacity, from entering into provider contracts or provider compensation agreements, as defined in RCW 48.43.730, with a dentist or dental practice.(4) Any corporation violating this section is guilty of a gross misdemeanor, and each day that this chapter is violated shall be considered a separate offense.
Passed by the House March 3, 2018.
Passed by the Senate February 27, 2018.
Approved by the Governor March 22, 2018.
Filed in Office of Secretary of State March 26, 2018.
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