WSR 25-23-011
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed November 6, 2025, 3:37 p.m.]
Subject of Possible Rule Making: Hospital price transparency requirements. The department of health (department) is considering adding definitions to WAC 246-320-010 and creating a new section in chapter 246-320 WAC to provide clarity and direction related to hospital price transparency requirements.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.41.030 and SSB 5493 (chapter 146, Laws of 2025), codified in RCW 70.41.560.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: During the 2025 legislative session, SSB 5493 created state requirements for hospitals to publish all data and comply with federal rules related to hospital price transparency (45 C.F.R. Part 180, Subparts A and B) as they existed on January 1, 2025. Beginning July 1, 2027, hospitals must submit to the department their most recent machine-readable file containing a list of all standard charges for all hospital items or services and the most recent consumer-friendly list of standard charges for a limited set of shoppable services at least once a year.
Chapter 246-320 WAC does not include definitions related to machine-readable files and shoppable services, nor does it contain procedural requirements for the submission of this data to the department. Rule making may be necessary to incorporate the requirements of RCW 70.41.560, strengthen price transparency for consumers, and create procedures for the submission of a set of charges for health care services to the department.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services. The department will ensure that any rule making done will not conflict with federal requirements. The department will be working closely with all interested parties and partners on this rule making.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tiffani Buck, P.O. Box 47850, Olympia, WA 98504-7850, phone 564-233-1121, TTY 711, email tiffani.buck@doh.wa.gov or ochsfacilities@doh.wa.gov, website doh.wa.gov.
Additional comments: Interested parties can participate in drafting the proposed rules. The department will conduct a series of rules workshops. Rule-making notices will be delivered via the GovDelivery acute care hospital interested parties list. To receive notices, interested persons may go to https://public.govdelivery.com/accounts/WADOH/subscriber/new. After signing in, please click open the box labeled "Health Systems Quality Assurance." Next, click open the box labeled "Facilities Licensing and Certificate of Need" and then check "Facilities" and "Hospitals." You may check other boxes next to one or more of the facilities or programs listed to receive information regarding those facilities and programs.
November 6, 2025
Kristin Peterson, JD
Chief of Policy
for Dennis E. Worsham
Secretary of Health