5241.E AMH SIMM BUR 185

  

ESB 5241 - H AMD TO APP COMM AMD (H-3433.2/24) 1189

By Representative Simmons

On page 4, line 34 of the striking amendment, after "management" insert "for humans"

On page 5, line 31 of the striking amendment, after "services" insert "for humans"

On page 5, line 33 of the striking amendment, after "services" insert "for humans"

On page 6, after line 12 of the striking amendment, insert the following:

"(5) For purposes of subsection (2) of this section, a material change transaction does not include any transaction in which a participant is:

(a) An Indian health care provider as that term is defined by RCW 43.71B.010, unless the transaction would result in the participant no longer qualifying as an Indian health care provider; or

(b) A federally qualified health center as that term is defined by 42 U.S.C. Sec. 1395x, unless the transaction would result in the participant no longer qualifying as a federally qualified health center."

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 6, beginning on line 28 of the striking amendment, after "emergency review" strike the remainder of the subsection and insert ". If the material change transaction is accepted for emergency review, parties may submit notice less than 120 days before the effective date of a transaction. For transactions that qualify for emergency review the attorney general must expedite the preliminary and comprehensive reviews pursuant to sections 10 and 11 of this act to ensure any comprehensive review is completed within 90 days."

On page 6, beginning on line 38 of the striking amendment, after "years," strike all material through "42 U.S.C. Sec. 1395x(aa)," on page 7, line 1

On page 12, line 10 of the striking amendment, after "notice" insert ", or within 90 days if the transaction qualified for emergency review under RCW 19.390.030"

EFFECT:   Specifies entities subject to the bill's requirements must provide health care for humans.

Provides transactions with Indian Health Care Providers and Federally Qualified Health Centers do not qualify as material change transactions under the bill, unless the transaction would result in such participants no longer qualifying as Indian Health Care Providers or Federally Qualified Health Centers.

Retains requirement for Attorney General, after receiving notice a party is seeking emergency review, to notify the party whether the transaction is subject to emergency review, while removing the requirement to notify the party whether the transaction is subject to preliminary review requiring documentation. Specifies that, if a transaction is accepted for emergency review, the parties may submit notice less than 120 days before the transaction. Specifies that, for transactions qualifying for emergency review, the Attorney General must: expedite preliminary and comprehensive review; complete any comprehensive review within 90 days; and approve, impose conditions or modifications on, or disapprove the transaction within 90 days.

Removes a provision allowing federally qualified health centers and rural health clinics to always qualify for basic notice requirements.

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