CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5729
68TH LEGISLATURE
2023 REGULAR SESSION
Passed by the Senate February 28, 2023
  Yeas 47  Nays 0

President of the Senate
Passed by the House March 22, 2023
  Yeas 95  Nays 2

Speaker of the House of Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5729 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary
Secretary
Approved
FILED
Secretary of State
State of Washington

SUBSTITUTE SENATE BILL 5729

Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature
2023 Regular Session
BySenate Health & Long Term Care (originally sponsored by Senators Keiser, Cleveland, Hasegawa, Hunt, Kuderer, Nguyen, Shewmake, Stanford, Valdez, and C. Wilson)
READ FIRST TIME 02/17/23.
AN ACT Relating to removing the expiration date on the cost-sharing cap for insulin; and amending RCW 48.43.780.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 48.43.780 and 2022 c 10 s 1 are each amended to read as follows:
(1) Except as required in subsection (2) of this section, a health plan issued or renewed on or after January 1, 2023, that provides coverage for prescription insulin drugs for the treatment of diabetes must cap the total amount that an enrollee is required to pay for a covered insulin drug at an amount not to exceed $35 per 30-day supply of the drug. Prescription insulin drugs must be covered without being subject to a deductible, and any cost sharing paid by an enrollee must be applied toward the enrollee's deductible obligation.
(2) If the federal internal revenue service removes insulin from the list of preventive care services which can be covered by a qualifying health plan for a health savings account before the deductible is satisfied, for a health plan that provides coverage for prescription insulin drugs for the treatment of diabetes and is offered as a qualifying health plan for a health savings account, the carrier must establish the plan's cost sharing for the coverage of prescription insulin for diabetes at the minimum level necessary to preserve the enrollee's ability to claim tax exempt contributions from his or her health savings account under internal revenue service laws and regulations. The office of the insurance commissioner must provide written notice of the change in internal revenue service guidance to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the office.
(((3) This section expires January 1, 2024.))
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