H-3041.1

SUBSTITUTE HOUSE BILL 2361

ByHouse Health Care & Wellness (originally sponsored by Representatives Riccelli, Macri, Nance, Reed, Simmons, and Ormsby)

AN ACT Relating to phasing in the requirement that only standardized health plans may be offered on the health benefit exchange; amending RCW 43.71.095; adding a new section to chapter 43.71 RCW; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 43.71.095 and 2021 c 246 s 7 are each amended to read as follows:

(1) The exchange, in consultation with the commissioner, the authority, an independent actuary, and other stakeholders, must establish up to three standardized health plans for each of the bronze, silver, and gold levels.

(a) The standardized health plans must be designed to reduce deductibles, make more services available before the deductible, provide predictable cost sharing, maximize subsidies, limit adverse premium impacts, reduce barriers to maintaining and improving health, and encourage choice based on value, while limiting increases in health plan premium rates.

(b) The exchange may update the standardized health plans annually.

(c) The exchange must provide a notice and public comment period before finalizing each year's standardized health plans.

(d) The exchange must provide written notice of the standardized health plans to licensed health carriers by January 31st before the year in which the health plans are to be offered on the exchange. The exchange may make modifications to the standardized plans after January 31st to comply with changes to state or federal law or regulations.

(2)(a) Beginning January 1, 2021, any health carrier offering a qualified health plan on the exchange must offer the silver and gold standardized health plans established under this section on the exchange in each county where the carrier offers a qualified health plan. If a health carrier offers a bronze health plan on the exchange, it must offer the bronze standardized health plans established under this section on the exchange in each county where the carrier offers a qualified health plan.

(b)(i) Until December 31, ((2022, a health carrier offering a standardized health plan under this section may also offer nonstandardized health plans on the exchange. Beginning January 1, 2023,))2025, a health carrier offering a standardized health plan under this section may also offer up to two nonstandardized gold health plans, two nonstandardized bronze health plans, one nonstandardized silver health plan, one nonstandardized platinum health plan, and one nonstandardized catastrophic health plan in each county where the carrier offers a qualified health plan.

(ii) ((The exchange, in consultation with the office of the insurance commissioner, shall analyze the impact to exchange consumers of offering only standard plans beginning in 2025 and submit a report to the appropriate committees of the legislature by December 1, 2023. The report must include an analysis of how plan choice and affordability will be impacted for exchange consumers across the state, including an analysis of offering a bronze standardized high deductible health plan compatible with a health savings account, and a gold standardized health plan closer in actuarial value to the silver standardized health plan.))Beginning January 1, 2026, nonstandardized silver plans may not be offered on the exchange. A health carrier offering a standardized health plan under this section may continue to offer up to two nonstandardized gold health plans, two nonstandardized bronze health plans, one nonstandardized platinum health plan, and one nonstandardized catastrophic health plan in each county where the carrier offers a qualified health plan.

(iii) The actuarial value of nonstandardized silver health plans offered on the exchange may not be less than the actuarial value of the standardized silver health plan with the lowest actuarial value.

(c) A health carrier offering a standardized health plan on the exchange under this section must continue to meet all requirements for qualified health plan certification under RCW 43.71.065 including, but not limited to, requirements relating to rate review and network adequacy.

NEW SECTION.  Sec. 2. A new section is added to chapter 43.71 RCW to read as follows:

(1) The exchange shall evaluate the effects on exchange consumers and health carriers of prohibiting nonstandardized silver plans on the exchange and reexamine whether moving toward a standardized market could provide a better customer experience with minimal market disruption. If the exchange finds that moving toward a standardized market remains advisable, it shall recommend a plan to the legislature on how to standardize the exchange market using a phased approach. The plan must include any additional authority the exchange requires to develop standardized plans at other actuarial value levels. The exchange shall report its findings and recommendations to the appropriate committees of the legislature no later than December 1, 2028.

(2) This section expires January 1, 2029.

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