reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.050 - Public hearings.

RCW 70.45.050
Public hearings.
During the course of review under this chapter, the department shall conduct one or more public hearings, at least one of which must be in the county where the hospital to be acquired is located. At the hearings, anyone may file written comments and exhibits or appear and make a statement. The department may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions, and use related discovery procedures for purposes of the hearing and at any time prior to making a decision on the application.
A hearing must be held not later than forty-five days after receipt of a completed application. At least ten days' public notice must be given before the holding of a hearing.
[ 1997 c 332 § 5.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.060 - Attorney general review and opinion—Department review and decision—Adjudicative proceedings.

RCW 70.45.060
Attorney general review and opinion—Department review and decision—Adjudicative proceedings.
(1) The department shall provide the attorney general with a copy of a completed application upon receiving it. The attorney general shall review the completed application, and within forty-five days of the first public hearing held under RCW 70.45.050 shall provide a written opinion to the department as to whether or not the acquisition meets the requirements for approval in RCW 70.45.070.
(2) The department shall review the completed application to determine whether or not the acquisition meets the requirements for approval in RCW 70.45.070 and 70.45.080. Within thirty days after receiving the written opinion of the attorney general under subsection (1) of this section, the department shall:
(a) Approve the acquisition, with or without any specific modifications or conditions; or
(b) Disapprove the acquisition.
(3) The department may not make its decision subject to any condition not directly related to requirements in RCW 70.45.070 or 70.45.080, and any condition or modification must bear a direct and rational relationship to the application under review.
(4) A person engaged in an acquisition and affected by a final decision of the department has the right to an adjudicative proceeding under chapter 34.05 RCW. The opinion of the attorney general provided under subsection (1) of this section may not constitute a final decision for purposes of review.
(5) The department or the attorney general may extend, by not more than thirty days, any deadline established under this chapter one time during consideration of any application, for good cause.
[ 1997 c 332 § 6.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.070 - Department review—Criteria to safeguard charitable assets.

RCW 70.45.070
Department review—Criteria to safeguard charitable assets.
The department shall only approve an application if the parties to the acquisition have taken the proper steps to safeguard the value of charitable assets and ensure that any proceeds from the acquisition are used for appropriate charitable health purposes. To this end, the department may not approve an application unless, at a minimum, it determines that:
(1) The acquisition is permitted under chapter 24.03A RCW, the Washington nonprofit corporation act, and other laws governing nonprofit entities, trusts, or charities;
(2) The nonprofit corporation that owns the hospital being acquired has exercised due diligence in authorizing the acquisition, selecting the acquiring person, and negotiating the terms and conditions of the acquisition;
(3) The procedures used by the nonprofit corporation's board of trustees and officers in making its decision fulfilled their fiduciary duties, that the board and officers were sufficiently informed about the proposed acquisition and possible alternatives, and that they used appropriate expert assistance;
(4) No conflict of interest exists related to the acquisition, including, but not limited to, conflicts of interest related to board members of, executives of, and experts retained by the nonprofit corporation, acquiring person, or other parties to the acquisition;
(5) The nonprofit corporation will receive fair market value for its assets. The attorney general or the department may employ, at the expense of the acquiring person, reasonably necessary expert assistance in making this determination. This expense must be in addition to the fees charged under RCW 70.45.030;
(6) Charitable funds will not be placed at unreasonable risk, if the acquisition is financed in part by the nonprofit corporation;
(7) Any management contract under the acquisition will be for fair market value;
(8) The proceeds from the acquisition will be controlled as charitable funds independently of the acquiring person or parties to the acquisition, and will be used for charitable health purposes consistent with the nonprofit corporation's original purpose, including providing health care to the disadvantaged, the uninsured, and the underinsured and providing benefits to promote improved health in the affected community;
(9) Any charitable entity established to hold the proceeds of the acquisition will be broadly based in and representative of the community where the hospital to be acquired is located, taking into consideration the structure and governance of such entity; and
(10) A right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the hospital is subsequently sold to, acquired by, or merged with another entity.
[ 2021 c 176 § 5237; 1997 c 332 § 7.]
NOTES:
Effective date—2021 c 176: See note following RCW 24.03A.005.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.080 - Department review—Criteria for continued existence of accessible, affordable health care.

RCW 70.45.080
Department review—Criteria for continued existence of accessible, affordable health care.
The department shall only approve an application if the acquisition in question will not detrimentally affect the continued existence of accessible, affordable health care that is responsive to the needs of the community in which the hospital to be acquired is located. To this end, the department shall not approve an application unless, at a minimum, it determines that:
(1) Sufficient safeguards are included to assure the affected community continued access to affordable care, and that alternative sources of care are available in the community should the acquisition result in a reduction or elimination of particular health services;
(2) The acquisition will not result in the revocation of hospital privileges;
(3) Sufficient safeguards are included to maintain appropriate capacity for health science research and health care provider education;
(4) The acquiring person and parties to the acquisition are committed to providing health care to the disadvantaged, the uninsured, and the underinsured and to providing benefits to promote improved health in the affected community. Activities and funding provided under RCW 70.45.070(8) may be considered in evaluating compliance with this commitment; and
(5) Sufficient safeguards are included to avoid conflict of interest in patient referral.
[ 1997 c 332 § 8.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.090 - Approval of acquisition required—Injunctions.

RCW 70.45.090
Approval of acquisition required—Injunctions.
(1) The secretary of state may not accept any forms or documents in connection with any acquisition of a nonprofit hospital until the acquisition has been approved by the department under this chapter.
(2) The attorney general may seek an injunction to prevent any acquisition not approved by the department under this chapter.
[ 1997 c 332 § 9.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.100 - Compliance—Department authority—Hearings—Revocation or suspension of hospital license—Referral to attorney general for action.

RCW 70.45.100
Compliance—Department authority—Hearings—Revocation or suspension of hospital license—Referral to attorney general for action.
The department shall require periodic reports from the nonprofit corporation or its successor nonprofit corporation or foundation and from the acquiring person or other parties to the acquisition to ensure compliance with commitments made. The department may subpoena information and documents and may conduct on-site compliance audits at the acquiring person's expense.
If the department receives information indicating that the acquiring person is not fulfilling commitments to the affected community under RCW 70.45.080, the department shall hold a hearing upon ten days' notice to the affected parties. If after the hearing the department determines that the information is true, it may revoke or suspend the hospital license issued to the acquiring person pursuant to the procedure established under RCW 70.41.130, refer the matter to the attorney general for appropriate action, or both. The attorney general may seek a court order compelling the acquiring person to fulfill its commitments under RCW 70.45.080.
[ 1997 c 332 § 10.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.110 - Authority of attorney general to ensure compliance.

RCW 70.45.110
Authority of attorney general to ensure compliance.
The attorney general has the authority to ensure compliance with commitments that inure to the public interest.
[ 1997 c 332 § 11.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.120 - Acquisitions completed before July 27, 1997, not subject to this chapter.

RCW 70.45.120
Acquisitions completed before July 27, 1997, not subject to this chapter.
An acquisition of a hospital completed before July 27, 1997, and an acquisition in which an application for a certificate of need under chapter 70.38 RCW has been granted by the department before July 27, 1997, is not subject to this chapter.
[ 1997 c 332 § 12.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.130 - Common law and statutory authority of attorney general.

RCW 70.45.130
Common law and statutory authority of attorney general.
No provision of this chapter derogates from the common law or statutory authority of the attorney general.
[ 1997 c 332 § 13.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.45 - Acquisition of Nonprofit Hospitals. › 70.45.140 - Rule-making and contracting authority.

RCW 70.45.140
Rule-making and contracting authority.
The department may adopt rules necessary to implement this chapter and may contract with and provide reasonable reimbursement to qualified persons to assist in determining whether the requirements of RCW 70.45.070 and 70.45.080 have been met.
[ 1997 c 332 § 14.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.060 - District health board—Powers and duties.

RCW 70.46.060
District health board—Powers and duties.
The district board of health shall constitute the local board of health for all the territory included in the health district, and shall supersede and exercise all the powers and perform all the duties by law vested in the county board of health of any county included in the health district.
[ 1993 c 492 § 248; 1967 ex.s. c 51 § 11; 1945 c 183 § 6; Rem. Supp. 1945 § 6099-15.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.080 - District health funds.

RCW 70.46.080
District health funds.
Each health district shall establish a fund to be designated as the "district health fund", in which shall be placed all sums received by the district from any source, and out of which shall be expended all sums disbursed by the district. In a district composed of more than one county the county treasurer of the county having the largest population shall be the custodian of the fund, and the county auditor of said county shall keep the record of the receipts and disbursements, and shall draw and the county treasurer shall honor and pay all warrants, which shall be approved before issuance and payment as directed by the board.
Each county which is included in the district shall contribute such sums towards the expense for maintaining and operating the district as shall be agreed upon between it and the local board of health in accordance with guidelines established by the state board of health.
[ 1993 c 492 § 249; 1971 ex.s. c 85 § 10; 1967 ex.s. c 51 § 19; 1945 c 183 § 8; Rem. Supp. 1945 § 6099-17.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.082 - District health funds—Health district as custodian.

RCW 70.46.082
District health funds—Health district as custodian.
(1) A health district, with the consent of the county legislative authority, the county treasurer, the county auditor, and the health district board, may act as custodian of funds, may keep the record of the receipts and disbursements, and may draw and may honor and pay all warrants or checks, which shall be approved before issuance and payment as directed by the board.
(2) The county may not charge a health district that does not utilize the option in subsection (1) of this section for those services provided.
[ 2016 sp.s. c 3 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.085 - County to bear expense of providing public health services.

RCW 70.46.085
County to bear expense of providing public health services.
The expense of providing public health services shall be borne by each county within the health district.
[ 1993 c 492 § 250; 1967 ex.s. c 51 § 20.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
Expenses of enforcing health laws: RCW 70.05.130.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.090 - Withdrawal of county.

RCW 70.46.090
Withdrawal of county.
Any county may withdraw from membership in said health district any time after it has been within the district for a period of two years, but no withdrawal shall be effective except at the end of the calendar year in which the county gives at least six months' notice of its intention to withdraw at the end of the calendar year. No withdrawal shall entitle any member to a refund of any moneys paid to the district nor relieve it of any obligations to pay to the district all sums for which it obligated itself due and owing by it to the district for the year at the end of which the withdrawal is to be effective. Any county which withdraws from membership in said health district shall immediately establish a health department or provide health services which shall meet the standards for health services promulgated by the state board of health. No local health department may be deemed to provide adequate public health services unless there is at least one full time professionally trained and qualified physician as set forth in RCW 70.05.050.
[ 1993 c 492 § 251; 1967 ex.s. c 51 § 21; 1945 c 183 § 9; Rem. Supp. 1945 § 6099-18.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: See note following RCW 70.05.010.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.100 - Power to acquire, maintain, or dispose of property—Contracts.

RCW 70.46.100
Power to acquire, maintain, or dispose of property—Contracts.
In addition to all other powers and duties, a health district shall have the power to own, construct, purchase, lease, add to, and maintain any real and personal property or property rights necessary for the conduct of the affairs of the district. A health district may sell, lease, convey or otherwise dispose of any district real or personal property no longer necessary for the conduct of the affairs of the district. A health district may enter into contracts to carry out the provisions of this section.
[ 1957 c 100 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.46 - Health Districts. › 70.46.120 - License or permit fees.

RCW 70.46.120
License or permit fees.
In addition to all other powers and duties, health districts shall have the power to charge fees in connection with the issuance or renewal of a license or permit required by law: PROVIDED, That the fees charged shall not exceed the actual cost involved in issuing or renewing the license or permit.
[ 1993 c 492 § 252; 1963 c 121 § 1.]
NOTES:
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.002 - Intent—2002 c 2 (Initiative Measure No. 773).

RCW 70.47.002
Intent—2002 c 2 (Initiative Measure No. 773).
It is the intent of the people to improve the health of low-income children and adults by expanding access to basic health care and by reducing tobacco-related and other diseases and illnesses that disproportionately affect low-income persons.
[ 2002 c 2 § 1 (Initiative Measure No. 773, approved November 6, 2001).]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.005 - Transfer power, duties, and functions to Washington state health care authority.

RCW 70.47.005
Transfer power, duties, and functions to Washington state health care authority.
The powers, duties, and functions of the Washington basic health plan are hereby transferred to the Washington state health care authority. All references to the *administrator of the Washington basic health plan in the Revised Code of Washington shall be construed to mean the *administrator of the Washington state health care authority.
[ 1993 c 492 § 201.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.030 - Basic health plan trust account—Basic health plan subscription account.

RCW 70.47.030
Basic health plan trust account—Basic health plan subscription account.
(1) The basic health plan trust account is hereby established in the state treasury. Any nongeneral fund-state funds collected for this program shall be deposited in the basic health plan trust account and may be expended without further appropriation. Moneys in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of enrollees in the plan and payment of costs of administering the plan.
During the 1995-97 fiscal biennium, the legislature may transfer funds from the basic health plan trust account to the state general fund.
(2) The basic health plan subscription account is created in the custody of the state treasurer. All receipts from amounts due from or on behalf of nonsubsidized enrollees and health coverage tax credit eligible enrollees shall be deposited into the account. Funds in the account shall be used exclusively for the purposes of this chapter, including payments to participating managed health care systems on behalf of nonsubsidized enrollees and health coverage tax credit eligible enrollees in the plan and payment of costs of administering the plan. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
(3) The *administrator shall take every precaution to see that none of the funds in the separate accounts created in this section or that any premiums paid either by subsidized or nonsubsidized enrollees are commingled in any way, except that the *administrator may combine funds designated for administration of the plan into a single administrative account.
[ 2004 c 192 § 2; 1995 2nd sp.s. c 18 § 913; 1993 c 492 § 210; 1992 c 232 § 907. Prior: 1991 sp.s. c 13 § 68; 1991 sp.s. c 4 § 1; 1987 1st ex.s. c 5 § 5.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
Effective date—2004 c 192: See note following RCW 70.47.020.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1992 c 232: See note following RCW 43.33A.180.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
Effective date—1991 sp.s. c 4: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991." [ 1991 sp.s. c 4 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.040 - Basic health plan—Health care authority head to be administrator—Joint operations.

RCW 70.47.040
Basic health plan—Health care authority head to be administrator—Joint operations.
(1) The Washington basic health plan is created as a program within the Washington state health care authority. The administrative head and appointing authority of the plan shall be the *administrator of the Washington state health care authority. The *administrator shall appoint a medical director. The medical director and up to five other employees of the plan shall be exempt from the civil service law, chapter 41.06 RCW.
(2) The *administrator shall employ such other staff as are necessary to fulfill the responsibilities and duties of the *administrator, such staff to be subject to the civil service law, chapter 41.06 RCW. In addition, the *administrator may contract with third parties for services necessary to carry out its activities where this will promote economy, avoid duplication of effort, and make best use of available expertise. Any such contractor or consultant shall be prohibited from releasing, publishing, or otherwise using any information made available to it under its contractual responsibility without specific permission of the plan. The *administrator may call upon other agencies of the state to provide available information as necessary to assist the *administrator in meeting its responsibilities under this chapter, which information shall be supplied as promptly as circumstances permit.
(3) The *administrator may appoint such technical or advisory committees as he or she deems necessary.
(4) The *administrator may apply for, receive, and accept grants, gifts, and other payments, including property and service, from any governmental or other public or private entity or person, and may make arrangements as to the use of these receipts, including the undertaking of special studies and other projects relating to health care costs and access to health care.
(5) Whenever feasible, the *administrator shall reduce the administrative cost of operating the program by adopting joint policies or procedures applicable to both the basic health plan and employee health plans.
[ 2010 1st sp.s. c 7 § 7; 1993 c 492 § 211; 1987 1st ex.s. c 5 § 6.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.050 - Rules.

RCW 70.47.050
Rules.
The *administrator may promulgate and adopt rules consistent with this chapter to carry out the purposes of this chapter. All rules shall be adopted in accordance with chapter 34.05 RCW.
[ 1987 1st ex.s. c 5 § 7.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.0601 - Income determination—Unemployment compensation.

RCW 70.47.0601
Income determination—Unemployment compensation.
The *administrator shall not count the twenty-five dollar increase paid as part of an individual's weekly benefit amount as provided in **RCW 50.20.1202 when determining an individual's gross family income, eligibility, and premium share.
[ 2011 c 4 § 18.]
NOTES:
Reviser's note: *(1) The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
**(2) RCW 50.20.1202 was repealed by 2021 c 2 § 27.
Effective date—2011 c 4 §§ 1-6 and 16-21: See note following RCW 50.20.120.
Conflict with federal requirements—2011 c 4: See note following RCW 50.29.021.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.070 - Benefits from other coverages not reduced.

RCW 70.47.070
Benefits from other coverages not reduced.
The benefits available under the basic health plan shall be excess to the benefits payable under the terms of any insurance policy issued to or on the behalf of an enrollee that provides payments toward medical expenses without a determination of liability for the injury. Except where in conflict with federal or state law, the benefits of any other health plan or insurance which covers an enrollee shall be determined before the benefits of the basic health plan. The *administrator shall require that managed health care systems conduct and report on coordination of benefits activities as provided under this section.
[ 2009 c 568 § 4; 1987 1st ex.s. c 5 § 9.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.080 - Enrollment of applicants—Participation limitations.

RCW 70.47.080
Enrollment of applicants—Participation limitations.
On and after July 1, 1988, the *administrator shall accept for enrollment applicants eligible to receive covered basic health care services from the respective managed health care systems which are then participating in the plan.
Thereafter, total subsidized enrollment shall not result in expenditures that exceed the total amount that has been made available by the legislature in any act appropriating funds to the plan. To the extent that new funding is appropriated for expansion, the *administrator shall endeavor to secure participation contracts from managed health care systems in geographic areas of the state that are unserved by the plan at the time at which the new funding is appropriated. In the selection of any such areas the *administrator shall take into account the levels and rates of unemployment in different areas of the state, the need to provide basic health care coverage to a population reasonably representative of the portion of the state's population that lacks such coverage, and the need for geographic, demographic, and economic diversity.
The *administrator shall at all times closely monitor growth patterns of enrollment so as not to exceed that consistent with the orderly development of the plan as a whole, in any area of the state or in any participating managed health care system. The annual or biennial enrollment limitations derived from operation of the plan under this section do not apply to nonsubsidized enrollees as defined in **RCW 70.47.020(5).
[ 1993 c 492 § 213; 1987 1st ex.s. c 5 § 10.]
NOTES:
Reviser's note: *(1) The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
**(2) RCW 70.47.020 was amended by 2011 1st sp.s. c 9 § 3, changing subsection (5) to subsection (6).
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.090 - Removal of enrollees.

RCW 70.47.090
Removal of enrollees.
Any enrollee whose premium payments to the plan are delinquent or who moves his or her residence out of an area served by the plan may be dropped from enrollment status. An enrollee whose premium is the responsibility of the department of social and health services under RCW 70.47.110 may not be dropped solely because of nonpayment by the department. The *administrator shall provide delinquent enrollees with advance written notice of their removal from the plan and shall provide for a hearing under chapters 34.05 and 34.12 RCW for any enrollee who contests the decision to drop the enrollee from the plan. Upon removal of an enrollee from the plan, the *administrator shall promptly notify the managed health care system in which the enrollee has been enrolled, and shall not be responsible for payment for health care services provided to the enrollee (including, if applicable, members of the enrollee's family) after the date of notification. A managed health care system may contest the denial of payment for coverage of an enrollee through a hearing under chapters 34.05 and 34.12 RCW.
[ 1987 1st ex.s. c 5 § 11.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.110 - Enrollment of medical assistance recipients.

RCW 70.47.110
Enrollment of medical assistance recipients.
The health care authority may make payments to *managed health care systems, as defined in RCW 74.09.522 or in this chapter, on behalf of any person who is a recipient of medical care under chapter 74.09 RCW, up to the maximum rate allowable for federal matching purposes under Title XIX of the social security act. Any enrollee on whose behalf the health care authority makes such payments may continue as an enrollee, making premium payments based on the enrollee's own income as determined under the sliding scale, after eligibility for coverage under chapter 74.09 RCW has ended, as long as the enrollee remains eligible under this chapter. Nothing in this section affects the right of any person eligible for coverage under chapter 74.09 RCW to receive the services offered to other persons under that chapter but not included in the schedule of basic health care services covered by the plan. The director shall seek to determine which enrollees or prospective enrollees may be eligible for medical care under chapter 74.09 RCW and may require these individuals to complete the eligibility determination process under chapter 74.09 RCW prior to enrollment or continued participation in the plan. The director shall adopt procedures to facilitate the transition of plan enrollees and payments on their behalf between the plan and the programs established under chapter 74.09 RCW.
[ 2014 c 198 § 1; 2011 1st sp.s. c 15 § 84; 1991 sp.s. c 4 § 3; 1987 1st ex.s. c 5 § 13.]
NOTES:
*Reviser's note: RCW 74.09.522 was amended by 2023 c 51 § 43, removing the definition of "managed health care system" and changing "managed health care system" to "managed care organization."
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Effective date—1991 sp.s. c 4: See note following RCW 70.47.030.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.115 - Enrollment of persons in timber impact areas.

RCW 70.47.115
Enrollment of persons in timber impact areas.
(1) The *administrator, when specific funding is provided and where feasible, shall make the basic health plan available in timber impact areas. The *administrator shall prioritize making the plan available under this section to the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average.
(2) Persons assisted under this section shall meet the requirements of enrollee as defined in **RCW 70.47.020(4).
(3) For purposes of this section, "timber impact area" means:
(a) A county having a population of less than five hundred thousand, or a city or town located within a county having a population of less than five hundred thousand, and meeting two of the following three criteria, as determined by the employment security department, for the most recent year such data is available: (i) A lumber and wood products employment location quotient at or above the state average; (ii) projected or actual direct lumber and wood products job losses of one hundred positions or more, except counties having a population greater than two hundred thousand but less than five hundred thousand must have direct lumber and wood products job losses of one thousand positions or more; or (iii) an annual unemployment rate twenty percent or more above the state average; or
(b) Additional communities as the economic recovery coordinating board, established in ***RCW 43.31.631, designates based on a finding by the board that each designated community is socially and economically integrated with areas that meet the definition of a timber impact area under (a) of this subsection.
[ 1992 c 21 § 7; 1991 c 315 § 22.]
NOTES:
Reviser's note: *(1) The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
**(2) RCW 70.47.020 was amended by 2004 c 192 § 1, changing subsection (4) to subsection (6), effective January 1, 2005. RCW 70.47.020 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (6) to subsection (9). RCW 70.47.020 was subsequently amended by 2011 1st sp.s. c 9 § 3, changing subsection (9) to subsection (10).
***(3) RCW 43.31.631 was repealed by 1995 c 226 § 33 and 1995 c 269 § 1902, effective July 1, 1995.
Intent—1991 c 315: See note following RCW 28B.50.030.
Conflict with federal requirements—1991 c 315: See RCW 50.70.901.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.120 - Administrator—Contracts for services.

RCW 70.47.120
Administrator—Contracts for services.
In addition to the powers and duties specified in RCW 70.47.040 and 70.47.060, the *administrator has the power to enter into contracts for the following functions and services:
(1) With public or private agencies, to assist the *administrator in her or his duties to design or revise the schedule of covered basic health care services, and/or to monitor or evaluate the performance of participating managed health care systems.
(2) With public or private agencies, to provide technical or professional assistance to health care providers, particularly public or private nonprofit organizations and providers serving rural areas, who show serious intent and apparent capability to participate in the plan as managed health care systems.
(3) With public or private agencies, including health care service contractors registered under RCW 48.44.015, and doing business in the state, for marketing and administrative services in connection with participation of managed health care systems, enrollment of enrollees, billing and collection services to the *administrator, and other administrative functions ordinarily performed by health care service contractors, other than insurance. Any activities of a health care service contractor pursuant to a contract with the *administrator under this section shall be exempt from the provisions and requirements of Title 48 RCW except that persons appointed or authorized to solicit applications for enrollment in the basic health plan shall comply with chapter 48.17 RCW.
[ 1997 c 337 § 7; 1987 1st ex.s. c 5 § 14.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.130 - Exemption from insurance code.

RCW 70.47.130
Exemption from insurance code.
(1) The activities and operations of the Washington basic health plan under this chapter, including those of managed health care systems to the extent of their participation in the plan, are exempt from the provisions and requirements of Title 48 RCW except:
(a) Benefits as provided in RCW 70.47.070;
(b) Managed health care systems are subject to the provisions of RCW 48.43.022, 48.43.500, 70.02.045, 48.43.505 through 48.43.535, 48.43.537, 48.43.545, 48.43.550, 70.02.110, and 70.02.900;
(c) Persons appointed or authorized to solicit applications for enrollment in the basic health plan, including employees of the health care authority, must comply with chapter 48.17 RCW. For purposes of this subsection (1)(c), "solicit" does not include distributing information and applications for the basic health plan and responding to questions;
(d) Amounts paid to a managed health care system by the basic health plan for participating in the basic health plan and providing health care services for nonsubsidized enrollees in the basic health plan must comply with RCW 48.14.0201; and
(e) Administrative simplification requirements as provided in chapter 298, Laws of 2009.
(2) The purpose of the 1994 amendatory language to this section in chapter 309, Laws of 1994 is to clarify the intent of the legislature that premiums paid on behalf of nonsubsidized enrollees in the basic health plan are subject to the premium and prepayment tax. The legislature does not consider this clarifying language to either raise existing taxes nor to impose a tax that did not exist previously.
[ 2016 c 139 § 5; 2009 c 298 § 4; 2004 c 115 § 2; 2000 c 5 § 21; 1997 c 337 § 8; 1994 c 309 § 6; 1987 1st ex.s. c 5 § 15.]
NOTES:
Intent—Purpose—2000 c 5: See RCW 48.43.500.
Application—Short title—Captions not law—Construction—Severability—Application to contracts—Effective dates—2000 c 5: See notes following RCW 48.43.500.
Contingency—1994 c 309 §§ 5 and 6: See note following RCW 70.47.060.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.140 - Reservation of legislative power.

RCW 70.47.140
Reservation of legislative power.
The legislature reserves the right to amend or repeal all or any part of this chapter at any time and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or any acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
[ 1987 1st ex.s. c 5 § 2.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.150 - Confidentiality.

RCW 70.47.150
Confidentiality.
Notwithstanding the provisions of chapter 42.56 RCW, (1) records obtained, reviewed by, or on file with the plan containing information concerning medical treatment of individuals shall be exempt from public inspection and copying; and (2) actuarial formulas, statistics, and assumptions submitted in support of a rate filing by a managed health care system or submitted to the *administrator upon his or her request shall be exempt from public inspection and copying in order to preserve trade secrets or prevent unfair competition.
[ 2005 c 274 § 336; 1990 c 54 § 1.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.170 - Annual reporting requirement.

RCW 70.47.170
Annual reporting requirement.
(1) Beginning in November 2012, the health care authority, in coordination with the department of social and health services, shall by November 15th of each year report to the legislature:
(a) The number of basic health plan enrollees who: (i) Upon enrollment or recertification had reported being employed, and beginning with the 2008 report, the month and year they reported being hired; or (ii) upon enrollment or recertification had reported being the dependent of someone who was employed, and beginning with the 2008 report, the month and year they reported the employed person was hired; and (iii) the total cost to the state for these enrollees. The information shall be reported by employer size for employers having more than fifty employees as enrollees or with dependents as enrollees. This information shall be provided for the preceding January and June of that year.
(b) The following aggregated information: (i) The number of employees who are enrollees or with dependents as enrollees by private and governmental employers; (ii) the number of employees who are enrollees or with dependents as enrollees by employer size for employers with fifty or fewer employees, fifty-one to one hundred employees, one hundred one to one thousand employees, one thousand one to five thousand employees and more than five thousand employees; and (iii) the number of employees who are enrollees or with dependents as enrollees by industry type.
(2) For each aggregated classification, the report will include the number of hours worked and total cost to the state for these enrollees. This information shall be for each quarter of the preceding year.
[ 2009 c 568 § 7; 2006 c 264 § 1.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.201 - Mental health services—Rules.

RCW 70.47.201
Mental health services—Rules.
The *administrator may adopt rules to implement RCW 70.47.200.
[ 2005 c 6 § 11.]
NOTES:
*Reviser's note: The definition of "administrator" was changed to "director" in RCW 70.47.020 by 2011 1st sp.s. c 15 § 83.
Findings—Intent—Severability—2005 c 6: See notes following RCW 41.05.600.
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.210 - Prostate cancer screening.

RCW 70.47.210
Prostate cancer screening.
(1) Any schedule of benefits established or renewed by the Washington basic health plan after December 31, 2006, shall provide coverage for prostate cancer screening, provided that the screening is delivered upon the recommendation of the patient's physician, advanced registered nurse practitioner, or physician assistant.
(2) This section shall not be construed to prevent the application of standard policy provisions applicable to other benefits, such as deductible or copayment provisions. This section does not limit the authority of the health care authority to negotiate rates and contract with specific providers for the delivery of prostate cancer screening services.
[ 2006 c 367 § 7.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.220 - Increase in reimbursement rates not applicable.

RCW 70.47.220
Increase in reimbursement rates not applicable.
The increases in inpatient and outpatient reimbursement rates included in chapter 74.60 RCW shall not be reflected in hospital payment rates for services provided to basic health enrollees under this chapter.
[ 2010 1st sp.s. c 30 § 15.]
NOTES:
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.240 - Discontinuation of health coverage—Preexisting condition.

RCW 70.47.240
Discontinuation of health coverage—Preexisting condition.
If a person was previously enrolled in a group health benefit plan, an individual health benefit plan, or a catastrophic health plan that is discontinued by the carrier by July 1, 2012, at any time during the sixty-three day period immediately preceding their application date for nonsubsidized coverage in the basic health plan as a nonsubsidized enrollee, the basic health plan must credit the applicant's period of prior coverage toward any preexisting condition waiting period applicable under the basic health plan if the benefits under the previous plan provide equivalent or greater overall benefit coverage than that provided in the basic health plan for nonsubsidized enrollees.
[ 2012 c 64 § 3.]
NOTES:
Effective date—2012 c 64: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 23, 2012]." [ 2012 c 64 § 4.]
2023 Revised Code of Washington › Title 70 - Public Health and Safety › Chapter 70.47 - Basic Health Plan—Health Care Access Act. › 70.47.900 - Short title.

RCW 70.47.900
Short title.
This chapter shall be known and may be cited as the health care access act of 1987.
[ 1987 1st ex.s. c 5 § 1.]