reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.700 - Locally grown foods—Women, infant, and children farmers market nutrition program—Fruit and vegetable benefit—Rules.

RCW 43.70.700
Locally grown foods—Women, infant, and children farmers market nutrition program—Fruit and vegetable benefit—Rules.
(1) The department shall adopt rules authorizing retail operation farms stores, owned and operated by a farmer and colocated with a site of agricultural production, to participate in the women, infant, and children farmers market nutrition program to provide locally grown, nutritious, unprepared fruits and vegetables to eligible program participants.
(2) Such rules must meet the provisions of 7 C.F.R. part 3016, uniform administrative requirements for grants and cooperative agreements to state and local governments, as it existed on June 12, 2008, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(3) Subject to the availability of amounts appropriated for this specific purpose, the department shall distribute a fruit and vegetable benefit of no less than twenty-eight dollars per summer farmers market season to each eligible participant in the women, infant, and children farmers market nutrition program. To the extent that federal funds are available, the department shall use federal funds up to the maximum benefit allowable under federal law.
[ 2020 c 68 § 2; 2008 c 215 § 8.]
NOTES:
Findings—Intent—2020 c 68: "The legislature finds that our state has a robust agricultural system, with Washington farmers producing diverse foods available at regional markets throughout the state. The legislature further finds that one in six Washington children do not know where their next meal will come from and that promoting access to fresh foods supports Washington farmers as well as food-insecure families. Hunger for families with children continues to be a significant issue across our state and a growing concern. Hunger and unhealthy diets also impact the health and development of children and a child's ability to learn. Therefore, the legislature intends to expand access to nutritious foods by increasing the fruit and vegetable benefit for participants in the women, infant, and children farmers market nutrition program." [ 2020 c 68 § 1.]
Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.705 - Fall prevention program.

RCW 43.70.705
Fall prevention program.
Within funds appropriated for this purpose, the department shall develop a statewide fall prevention program. The program shall include networking community services, identifying service gaps, making affordable senior-based, evaluated exercise programs more available, providing consumer education to older adults, their adult children, and the community at large, and conducting professional education on fall risk identification and reduction.
[ 2008 c 146 § 7.]
NOTES:
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.710 - Annual review of medication practices of five jails that use nonpractitioner jail personnel—Noncompliance.

RCW 43.70.710
Annual review of medication practices of five jails that use nonpractitioner jail personnel—Noncompliance.
The department of health shall annually review the medication practices of five jails that provide for the delivery and administration of medications to inmates in their custody by nonpractitioner jail personnel. The review shall assess whether the jails are in compliance with sections 3 and 4, chapter 411, Laws of 2009. To the extent that a jail is found not in compliance, the department shall provide technical assistance to assist the jail in resolving any areas of noncompliance.
[ 2009 c 411 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.720 - Universal vaccine purchase account.

RCW 43.70.720
Universal vaccine purchase account.
The universal vaccine purchase account is created in the custody of the state treasurer. Receipts from public and private sources for the purpose of increasing access to vaccines for children may be deposited into the account. Expenditures from the account must be used exclusively for the purchase of vaccines, at no cost to health care providers in Washington, to administer to children under nineteen years old who are not eligible to receive vaccines at no cost through federal programs. Only the secretary or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2010 c 174 § 10; 2009 c 564 § 934.]
NOTES:
Effective date—2010 c 174: See RCW 70.290.900.
Effective date—2009 c 564: See note following RCW 2.68.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.723 - Medication for people living with HIV rebate revenue account.

RCW 43.70.723
Medication for people living with HIV rebate revenue account.
The medication for people living with HIV rebate revenue account is created in the custody of the state treasury. The early intervention program shall deposit any receipts from pharmaceutical rebates generated by the purchase of medications with federal grant funds and revenue generated from federal grant funds for any person enrolled in the early intervention program into the account. The expenditures may only be used for services defined in the grant award from the Ryan White HIV/AIDS program. Only the secretary or the secretary's designee may authorize expenditures from the account. An appropriation is not required for expenditures. The account is subject to allotment procedures under chapter 43.88 RCW.
[ 2023 c 12 § 1.]
NOTES:
Effective date—2023 c 12: "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 July 1, 2023." [ 2023 c 12 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.725 - Health extension program—Dissemination of evidence-based tools and resources—Rules.

RCW 43.70.725
Health extension program—Dissemination of evidence-based tools and resources—Rules.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall establish a health extension program to provide training, tools, and technical assistance to primary care, behavioral health, and other providers. The program must emphasize high quality preventive, chronic disease, and behavioral health care that is comprehensive and evidence-based.
(2) The health extension program must coordinate dissemination of evidence-based tools and resources that promote:
(a) Integration of physical and behavioral health;
(b) Clinical decision support to promote evidence-based care;
(c) Reports of the Robert Bree collaborative created by RCW 70.250.050 and findings of health technology assessments under RCW 70.14.080 through 70.14.130;
(d) Methods of formal assessment;
(e) Support for patients managing their own conditions;
(f) Identification and use of resources that are available in the community for patients and their families, including community health workers; and
(g) Identification of evidence-based models to effectively treat depression and other conditions in primary care settings, such as the program advancing integrated mental health solutions, and others.
(3) The department may adopt rules necessary to implement this section, but may not adopt rules, policies, or procedures beyond the scope of authority granted in this section.
[ 2014 c 223 § 5.]
NOTES:
Finding—2014 c 223: See note following RCW 41.05.690.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.738 - Down syndrome resources—Development.

RCW 43.70.738
Down syndrome resources—Development.
(1)(a) The department shall develop the following resources regarding Down syndrome:
(i) Up-to-date, evidence-based, written information about Down syndrome and people born with Down syndrome that has been reviewed by medical experts and national Down syndrome organizations; and
(ii) Contact information regarding support services, including information hotlines specific to Down syndrome, resource centers or clearinghouses, national and local Down syndrome organizations, and other education and support programs.
(b) The resources prepared by the department must:
(i) Be culturally and linguistically appropriate for expectant parents receiving a positive prenatal diagnosis or for the parents of a child receiving a postnatal diagnosis of Down syndrome; and
(ii) Include: Physical, developmental, educational, and psychosocial outcomes; life expectancy; clinical course; and intellectual and functional development and therapy options.
(2) The department shall make the information described in this section available to any person who renders prenatal care, postnatal care, or genetic counseling to expectant parents receiving a positive prenatal diagnosis or to the parents of a child receiving a postnatal diagnosis of Down syndrome.
(3) For the purposes of this section, "Down syndrome" means a chromosomal condition that results in the presence of an extra whole or partial copy of chromosome 21.
[ 2016 c 70 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.740 - Adjudicative proceedings.

RCW 43.70.740
Adjudicative proceedings.
In all adjudicative proceedings before the secretary or the department, the secretary may delegate initial decision-making authority to a presiding officer. The presiding officer shall enter an initial order pursuant to RCW 34.05.461 subject to the review of the secretary or his or her designee. Pursuant to RCW 34.05.464, the secretary may, by rule, provide that initial orders in specified classes of cases may become final without further agency action unless, within a specified time period:
(1) The secretary upon his or her own motion determines that the initial order should be reviewed; or
(2) A party to the proceedings files a petition for administrative review of the initial order.
[ 2013 c 109 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.750 - Community assistance referral and education program—Review of certification and training—Recommendations to the legislature.

RCW 43.70.750
Community assistance referral and education program—Review of certification and training—Recommendations to the legislature.
The department of health must review the professional certification and training of health professionals participating in a community assistance referral and education program, review the certification and training requirements in other states with similar programs, and coordinate with the health care authority to link the certification requirements with the covered health care services recommended for payment in RCW 74.09.335. The department shall submit recommendations to the appropriate committees of the legislature for any changes and suggestions for implementation within six months of the development of the payment standards.
[ 2017 c 273 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.765 - Opioid drugs—Warning—Patient education materials.

RCW 43.70.765
Opioid drugs—Warning—Patient education materials.
(1) The department must create a statement warning individuals about the risks of opioid use and abuse and provide information about safe disposal of opioids. The department must provide the warning on its website.
(2) The department must review the science, data, and best practices around the use of opioids and their associated risks. As evidence and best practices evolve, the department must update its warning to reflect these changes.
(3) The department must update its patient education materials to reflect the patient's right to refuse an opioid prescription or order.
[ 2019 c 314 § 11.]
NOTES:
Declaration—2019 c 314: See note following RCW 18.22.810.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.770 - State opioid response plan.

RCW 43.70.770
State opioid response plan.
The secretary shall be responsible for coordinating the statewide response to the opioid epidemic and executing the state opioid response plan, in partnership with the health care authority. The department and the health care authority must collaborate with each of the agencies and organizations identified in the state opioid response plan.
[ 2019 c 314 § 12.]
NOTES:
Declaration—2019 c 314: See note following RCW 18.22.810.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.790 - Health care facility inspection and investigation availability.

RCW 43.70.790
Health care facility inspection and investigation availability.
As resources allow, the department shall make health care facility inspection and investigation statements of deficiencies, plans of correction, notice[s] of acceptance of plans of correction, enforcement actions, and notices of resolution available to the public on the internet, starting with psychiatric hospitals and residential treatment facilities.
[ 2020 c 115 § 4.]
NOTES:
Findings—Intent—Effective date—2020 c 115: See notes following RCW 71.12.700.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.800 - Oversight, consolidation, and standardization—Review.

RCW 43.70.800
Oversight, consolidation, and standardization—Review.
The department must conduct a review of statutes for all health care facility types licensed by the department under chapters 18.46, 18.64, 70.41, 70.42, 70.127, 70.230, 71.12, and 71.24 RCW to evaluate appropriate levels of oversight and identify opportunities to consolidate and standardize licensing and enforcement requirements across facility types. The department must work with stakeholders including, but not limited to, the statewide associations of the facilities under review to create recommendations that will be shared with stakeholders and the legislature for a uniform health care facility enforcement act for consideration in the 2021 legislative session.
[ 2020 c 115 § 5.]
NOTES:
Findings—Intent—Effective date—2020 c 115: See notes following RCW 71.12.700.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.810 - Provision of medical information—Dissemination of requirements and authority.

RCW 43.70.810
Provision of medical information—Dissemination of requirements and authority.
(1) The department must design, prepare, and make available online, written materials to clearly inform health care providers and staff of the provisions of, and authority to act under, chapter 70.03 RCW.
(2) The department must design, prepare, and make available online, written materials to provide information to providers and patients regarding Washington's death with dignity act, chapter 70.245 RCW.
[ 2020 c 102 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.820 - Environmental justice obligations of the department of health.

RCW 43.70.820
Environmental justice obligations of the department of health.
The department must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.
[ 2021 c 314 § 4.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.825 - School-based health center program office.

RCW 43.70.825
School-based health center program office.
(1) The school-based health center program office is established within the department, with the objective to expand and sustain the availability of school-based health center services to K-12 students in public schools, with a focus on historically underserved populations.
(2) Subject to the availability of amounts appropriated for this specific purpose, the school-based health center program office shall:
(a) Develop funding criteria and metrics for monitoring and evaluation in partnership with a statewide nonprofit organization providing training and technical assistance to school-based health centers;
(b) Award grant funding for school-based health centers. The department may grant funding for the following purposes:
(i) Planning a school-based health center;
(ii) Start-up costs associated with setting up a school-based health center; and
(iii) Ongoing costs of operating a school-based health center;
(c) Monitor and evaluate school-based health centers that receive grant funding from the program office;
(d) Partner with a statewide nonprofit organization to provide training and technical assistance to school-based health centers; and
(e) Coordinate with the statewide nonprofit organization providing training and technical assistance, educational service districts, the health care authority, hosting school districts, and the office of the insurance commissioner, to provide support to school-based health centers.
(3) For purposes of this section, a "school-based health center" means a collaboration between the community, the school, and a sponsoring agency that operates the school-based health center, which is a student-focused health center located in or adjacent to a school that provides integrated medical, behavioral health, and other health care services such as dental care.
[ 2021 c 68 § 2.]
NOTES:
Findings—Intent—2021 c 68: "(1) The legislature finds that:
(a) Research shows that school-based health centers provide a crucial link between health and education, improving outcomes for students in both areas;
(b) Health and academic disparities are increasing during the COVID-19 pandemic, particularly for students of color;
(c) School-based health centers advance equity by providing health care access and support at schools;
(d) School-based health centers have been operating across the state for more than 30 years;
(e) Local control and decision making for school-based health centers is important; and
(f) In 2016, the legislature created the Washington integrated student supports protocol as a strategy to close educational opportunity gaps through school-based coordination of academic and nonacademic supports for students.
(2) Therefore, the legislature intends to create a school-based health center program office within the department of health to award grants and coordinate with other agencies and entities to provide support, training, and technical assistance to school-based health centers." [ 2021 c 68 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.835 - Lead contamination in drinking water in school buildings—State-tribal compact schools.

RCW 43.70.835
Lead contamination in drinking water in school buildings—State-tribal compact schools.
The department shall allow state-tribal compact schools established under chapter 28A.715 RCW to opt into sampling and testing for lead contamination at drinking water outlets in school buildings built, or with all plumbing replaced, before 2016 pursuant to RCW 43.70.830.
[ 2021 c 154 § 4.]
NOTES:
Findings—Intent—Short title—2021 c 154: See notes following RCW 43.70.830.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.840 - Lead contamination in drinking water in school buildings—Technical guidance.

RCW 43.70.840
Lead contamination in drinking water in school buildings—Technical guidance.
The department shall develop and make available technical guidance for reducing lead contamination in drinking water at schools that is at least as protective of student health as any technical guidance on this topic issued by the United States environmental protection agency. The technical guidance must include the technical requirements for sampling, processing, and analysis, including that analysis must be conducted by a laboratory accredited by the department of ecology. The technical guidance must describe best practices for remediating elevated lead levels at drinking water outlets in schools. Best practices must include installing and maintaining filters certified by a body accredited by the American national standards institute. Provisions of the technical guidance related to testing for the presence and level of lead in drinking water, as opposed to testing to identify sources of lead for remediation, must be designed to maximize detection of lead in water, and therefore must prohibit sampling or analytical methods that tend to mask lead contamination, including prestagnation flushing and removal of aerators prior to sampling.
[ 2021 c 154 § 5.]
NOTES:
Findings—Intent—Short title—2021 c 154: See notes following RCW 43.70.830.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.845 - Lead contamination in drinking water in school buildings—Department of health as lead agency—Waiver.

RCW 43.70.845
Lead contamination in drinking water in school buildings—Department of health as lead agency—Waiver.
(1) To the fullest extent permitted by federal law, the department, rather than community water systems, is designated as the lead or principal agency in regard to lead in drinking water sampling, testing, notification, remediation, public education, and other actions at public and private elementary and secondary schools as required by the federal lead and copper rule, 40 C.F.R. Part 141.
(2) The department must issue a written waiver that exempts community water systems that serve schools from the sampling and testing requirements of 40 C.F.R. Part 141.92 related to schools if the department determines that the mandatory requirements for sampling and testing for, and remediation of, lead contamination in drinking water outlets at elementary and secondary schools under chapter 154, Laws of 2021 are consistent with the requirements in 40 C.F.R. Part 141.92 of the federal lead and copper rule.
[ 2021 c 154 § 7.]
NOTES:
Findings—Intent—Short title—2021 c 154: See notes following RCW 43.70.830.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.900 - References to the secretary or department of social and health services—1989 1st ex.s. c 9.

RCW 43.70.900
References to the secretary or department of social and health services—1989 1st ex.s. c 9.
All references to the secretary or department of social and health services in the Revised Code of Washington shall be construed to mean the secretary or department of health when referring to the functions transferred in RCW 43.70.080, 18.104.005, 70.08.005, 70.24.005, 70.40.005, 70.41.005, and 70.54.005.
[ 2017 3rd sp.s. c 25 § 24; 2015 1st sp.s. c 4 § 31; 2007 c 52 § 2; 1990 c 33 § 580; 1989 1st ex.s. c 9 § 801.]
NOTES:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.901 - References to the director or department of licensing—1989 1st ex.s. c 9.

RCW 43.70.901
References to the director or department of licensing—1989 1st ex.s. c 9.
All references to the director of licensing or department of licensing in the Revised Code of Washington shall be construed to mean the secretary or department of health when referring to the functions transferred in RCW 43.70.220.
[ 1989 1st ex.s. c 9 § 802.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.902 - References to the hospital commission—1989 1st ex.s. c 9.

RCW 43.70.902
References to the hospital commission—1989 1st ex.s. c 9.
All references to the hospital commission in the Revised Code of Washington shall be construed to mean the secretary or the department of health.
[ 1989 1st ex.s. c 9 § 803.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.910 - Effective date—1989 1st ex.s. c 9.

RCW 43.70.910
Effective date—1989 1st ex.s. c 9.
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, 1989.
[ 1989 1st ex.s. c 9 § 825.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.70 - Department of Health. › 43.70.920 - Severability—1989 1st ex.s. c 9.

RCW 43.70.920
Severability—1989 1st ex.s. c 9.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1989 1st ex.s. c 9 § 826.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.005 - Finding—Intent.

RCW 43.71.005
Finding—Intent.
(1) The legislature finds that the affordable care act requires the establishment of health benefit exchanges. The legislature intends to establish an exchange, including a governance structure. There are many policy decisions associated with establishing an exchange that need to be made that will take a great deal of effort and expertise. It is therefore the intent of the legislature to establish a process through which these policy decisions can be made by the legislature and the governor by the deadline established in the affordable care act.
(2) The exchange is intended to:
(a) Increase access to quality affordable health care coverage, reduce the number of uninsured persons in Washington state, and increase the availability of health care coverage through the private health insurance market to qualified individuals and small employers;
(b) Provide consumer choice and portability of health insurance, regardless of employment status;
(c) Create an organized, transparent, and accountable health insurance marketplace for Washingtonians to purchase affordable, quality health care coverage, to claim available federal refundable premium tax credits and cost-sharing subsidies, and to meet the personal responsibility requirements for minimum essential coverage as provided under the federal affordable care act;
(d) Promote consumer literacy and empower consumers to compare plans and make informed decisions about their health care and coverage;
(e) Effectively and efficiently administer health care subsidies and determination of eligibility for participation in publicly subsidized health care programs, including the exchange;
(f) Create a health insurance market that competes on the basis of price, quality, service, and other innovative efforts;
(g) Operate in a manner compatible with efforts to improve quality, contain costs, and promote innovation;
(h) Recognize the need for a private health insurance market to exist outside of the exchange; and
(i) Recognize that the regulation of the health insurance market, both inside and outside the exchange, should continue to be performed by the insurance commissioner.
[ 2011 c 317 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.010 - Definitions.

RCW 43.71.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms and phrases used in this chapter that are not defined in this section must be defined as consistent with implementation of a state health benefit exchange pursuant to applicable federal law.
(1) "Authority" means the Washington state health care authority, established under chapter 41.05 RCW.
(2) "Board" means the governing board established in RCW 43.71.020.
(3) "Commissioner" means the insurance commissioner, established in Title 48 RCW.
(4) "Exchange" means the Washington health benefit exchange established in RCW 43.71.020.
(5) "Self-sustaining" means capable of operating with revenue attributable to the operations of the exchange. Self-sustaining sources include, but are not limited to, federal grants, federal premium tax subsidies and credits, charges to health carriers, premiums paid by enrollees, and premium taxes under RCW 48.14.0201(5)(b) and 48.14.020(2).
[ 2018 c 44 § 1; 2013 2nd sp.s. c 6 § 1; 2012 c 87 § 2; 2011 c 317 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.060 - Health benefit exchange account.

RCW 43.71.060
Health benefit exchange account.
(1) The health benefit exchange account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used to fund the operation of the exchange and identification, collection, and distribution of premium taxes collected under RCW 48.14.0201(5)(b) and 48.14.020(2).
(2) The following funds must be deposited in the account:
(a) Premium taxes collected under RCW 48.14.0201(5)(b) and 48.14.020(2);
(b) Assessments authorized under RCW 43.71.080; and
(c) Amounts transferred by the pool administrator as specified in the state omnibus appropriations act pursuant to RCW 48.41.090.
(3) All receipts from federal grants received may be deposited into the account. Expenditures from the account may be used only for purposes consistent with the grants.
[ 2018 c 44 § 4; 2013 2nd sp.s. c 6 § 2; 2012 c 87 § 5; 2011 c 317 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.065 - Qualified health plans—Certification—Criteria stand-alone dental plans—Direct primary care medical home plans—Appeals.

RCW 43.71.065
Qualified health plans—Certification—Criteria stand-alone dental plans—Direct primary care medical home plans—Appeals.
(1) The board shall certify a plan as a qualified health plan to be offered through the exchange if the plan is determined by the:
(a) Insurance commissioner to meet the requirements of Title 48 RCW and rules adopted by the commissioner pursuant to chapter 34.05 RCW to implement the requirements of Title 48 RCW;
(b) Board to meet the requirements of applicable federal law for certification as a qualified health plan; and
(c) Board to include tribal clinics and urban Indian clinics as essential community providers in the plan's provider network consistent with federal law. If consistent with federal law, integrated delivery systems shall be exempt from the requirement to include essential community providers in the provider network.
(2) Consistent with applicable federal law, the board shall allow stand-alone dental plans to offer coverage in the exchange beginning January 1, 2014. Dental benefits offered in the exchange must be offered and priced separately to assure transparency for consumers.
(3) The board may permit direct primary care medical home plans, consistent with applicable federal law, to be offered in the exchange.
(4) Upon request by the board, a state agency shall provide information to the board for its use in determining if the requirements under subsection (1)(b) or (c) of this section have been met. Unless the agency and the board agree to a later date, the agency shall provide the information within sixty days of the request. The exchange shall reimburse the agency for the cost of compiling and providing the requested information within one hundred eighty days of its receipt.
(5) A decision by the board denying a request to certify or recertify a plan as a qualified health plan may be appealed according to procedures adopted by the board.
[ 2018 c 44 § 5; 2012 c 87 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.067 - Qualified health plans—Prohibited marketing practices or benefit designs—Rules.

RCW 43.71.067
Qualified health plans—Prohibited marketing practices or benefit designs—Rules.
(1) For qualified health plans, an issue [issuer] offering a qualified health plan may not employ marketing practices or benefit designs that have the effect of discouraging enrollment in the plan by individuals with significant health needs.
(2) Unless preempted by federal law, the commissioner shall adopt any rules necessary to implement this section, consistent with federal rules and guidance in effect on January 1, 2017, implementing the patient protection and affordable care act.
[ 2019 c 33 § 16.]
NOTES:
Effective date—2019 c 33: See note following RCW 48.43.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.070 - Rating system—Rating factors.

RCW 43.71.070
Rating system—Rating factors.
The board shall establish a rating system consistent with applicable federal law, for qualified health plans to assist consumers in evaluating plan choices in the exchange. Rating factors established by the board may include, but are not limited to:
(1) Affordability with respect to premiums, deductibles, and point-of-service cost-sharing;
(2) Enrollee satisfaction;
(3) Provider reimbursement methods that incentivize health homes or chronic care management or care coordination for enrollees with complex, high-cost, or multiple chronic conditions;
(4) Promotion of appropriate primary care and preventive services utilization;
(5) High standards for provider network adequacy, including consumer choice of providers and service locations and robust provider participation intended to improve access to underserved populations through participation of essential community providers, family planning providers and pediatric providers;
(6) High standards for covered services, including languages spoken or transportation assistance; and
(7) Coverage of benefits for spiritual care services that are deductible under section 213(d) of the internal revenue code.
[ 2018 c 44 § 6; 2012 c 87 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.075 - Navigator not soliciting or negotiating insurance—Health care information—Protection—Disclosure—Notification.

RCW 43.71.075
Navigator not soliciting or negotiating insurance—Health care information—Protection—Disclosure—Notification.
(1) A person or entity functioning as a navigator shall not be considered soliciting or negotiating insurance as stated under chapter 48.17 RCW.
(2)(a) A person or entity functioning as a navigator may only request health care information that is relevant to the specific assessment and recommendation of health plan options. Any health care information received by a navigator may not be disclosed to any third party that is not part of the enrollment process and must be destroyed after enrollment has been completed.
(b) If a person's health care information is received and disclosed to a third party in violation of (a) of this subsection, the navigator must notify the person of the breach. The exchange must develop a policy to establish a reasonable notification period and what information must be included in the notice. This policy and information on the exchange's confidentiality policies must be made available on the exchange's website.
(3) For the purposes of this section:
(a) "Health care information" has the meaning provided in RCW 70.02.010.
(b) "Navigator" means a person or entity certified by the exchange to provide culturally and linguistically appropriate education and assistance and facilitate enrollment in qualified health plans and federal and state health care programs, in a manner consistent with applicable federal law.
[ 2018 c 44 § 7; 2014 c 220 § 3; 2012 c 87 § 25.]
NOTES:
Effective date—2014 c 220: See note following RCW 70.02.290.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.100 - Access to information about exclusion of mandated benefits from qualified health plans—Exchange's duties.

RCW 43.71.100
Access to information about exclusion of mandated benefits from qualified health plans—Exchange's duties.
(1) Beginning November 1, 2021, the exchange shall provide individuals seeking to enroll in coverage on its website with access to the information a health carrier must provide under RCW 48.43.725 for any qualified health plan the health carrier offers that excludes, under state or federal law, any benefit required or mandated by Title 48 RCW or rules adopted by the commissioner.
(2) The exchange may provide the access required under this section directly on its website, through a link to an external website, or in any other manner that allows consumers to easily access the information.
[ 2020 c 283 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.120 - Applications to federal government for waivers and other flexibilities.

RCW 43.71.120
Applications to federal government for waivers and other flexibilities.
(1) The exchange, in close consultation with the authority and the office of the insurance commissioner, must explore all opportunities to apply to the secretary of health and human services under 42 U.S.C. Sec. 18052 for a waiver or other available federal flexibilities to:
(a) Receive federal funds for the implementation of the premium assistance or cost-sharing reduction programs established under RCW 43.71.110;
(b) Increase access to qualified health plans; and
(c) Implement or expand other exchange programs that increase affordability of or access to health insurance coverage in Washington state.
(2) If, through the process described in subsection (1) of this section[,] an opportunity to submit a waiver is identified, the exchange, in collaboration with the office of the insurance commissioner and the health care authority, may develop an application under this section to be submitted by the health care authority. If an application is submitted, the health care authority must notify the chairs and ranking minority members of the appropriate policy and fiscal committees of the legislature.
(3) Any application submitted under this section must meet all federal public notice and comment requirements under 42 U.S.C. Sec. 18052(a)(4)(B), including public hearings to ensure a meaningful level of public input.
[ 2021 c 246 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.130 - State health care affordability account.

RCW 43.71.130
State health care affordability account.
(1) The state health care affordability account is created in the state treasury. Expenditures from the account may only be used for premium and cost-sharing assistance programs established in RCW 43.71.110.
(2) The following funds must be deposited in the account:
(a) Any grants, donations, or contributions of money collected for purposes of the premium assistance or cost-sharing reduction programs established in RCW 48.43.795;
(b) Any federal funds received by the health benefit exchange pursuant to RCW 43.71.120; and
(c) Any additional funding specifically appropriated to the account.
[ 2021 c 246 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.900 - Conflict with federal requirements—2011 c 317.

RCW 43.71.900
Conflict with federal requirements—2011 c 317.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2011 c 317 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71 - Washington Health Benefit Exchange. › 43.71.901 - Spiritual care services—2012 c 87.

RCW 43.71.901
Spiritual care services—2012 c 87.
Nothing in chapter 87, Laws of 2012 prohibits the offering of benefits for spiritual care services deductible under section 213(d) of the internal revenue code in health plans inside and outside of the exchange.
[ 2012 c 87 § 14.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71A - Pacific Island Citizens—Health Care Premium Assistance. › 43.71A.005 - Findings—Intent.

RCW 43.71A.005
Findings—Intent.
(1) The legislature finds that:
(a) The compact of free association (COFA) islands, which consists of the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia, has had a long-standing relationship with the United States;
(b) The relationship between the COFA islands and the United States includes economic development and a military presence in the islands;
(c) The region served as a testing ground for atmospheric nuclear weapons between 1946 and 1957, which resulted in past and current inhabitants being exposed to nuclear fallout;
(d) Residents of the COFA islands are allowed to enter the United States without work permits or visas where they live, study, work, serve in the military, and pay state and federal taxes, but are ineligible for federal health programs like medicaid and medicare; and
(e) This ineligibility for federal health programs has exacerbated barriers to health care access for this population, which has led to poorer health outcomes and increased, long-term costs on the health care system as a whole.
(2) The legislature therefore intends to increase access to health care services for COFA islanders residing in Washington by providing premium and cost-sharing assistance for health coverage purchased through the health benefit exchange.
[ 2018 c 161 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71A - Pacific Island Citizens—Health Care Premium Assistance. › 43.71A.010 - Definitions.

RCW 43.71A.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advance premium tax credit" means the premium assistance amount determined in accordance with the affordable care act.
(2) "Affordable care act" means the federal patient protection and affordable care act, P.L. 111-148, as amended by the federal health care and education reconciliation act of 2010, P.L. 111-152, or federal regulations or guidance issued under the affordable care act.
(3) "Authority" means the Washington state health care authority.
(4) "COFA citizen" means a person who is a citizen of:
(a) The Republic of the Marshall Islands;
(b) The Federated States of Micronesia; or
(c) The Republic of Palau.
(5) "Health benefit exchange" or "exchange" means the Washington health benefit exchange established in chapter 43.71 RCW.
(6) "Income" means the modified adjusted gross income attributed to an individual for purposes of determining his or her eligibility for advance premium tax credits.
(7) "In-network provider" means a health care provider or group of providers that directly contracts with an insurer to provide health benefits covered by a health benefit plan offered by an insurer.
(8) "Open enrollment period" means the period during which a person may enroll in a qualified health plan.
(9) "Out-of-pocket costs" means copayments, coinsurance, deductibles, and other cost-sharing requirements imposed under a qualified health plan for services, pharmaceuticals, devices, and other health benefits that are covered by the plan and rendered by in-network providers.
(10) "Premium cost" means an individual's premium for a qualified health plan less the amount of the individual's advance premium tax credit.
(11) "Qualified health plan" means a health benefit plan sold through the health benefit exchange.
(12) "Resident" means a person who is domiciled in this state.
(13) "Special enrollment period" means a period during which a person who has not done so during the open enrollment period may enroll in a qualified health plan through the exchange if the person meets specified requirements.
[ 2018 c 161 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.71A - Pacific Island Citizens—Health Care Premium Assistance. › 43.71A.020 - Eligibility—Costs to be paid—Disqualification—Establishment of procedures.

RCW 43.71A.020
Eligibility—Costs to be paid—Disqualification—Establishment of procedures.
(1) An individual is eligible for the COFA premium assistance program if the individual:
(a) Is a resident;
(b) Is a COFA citizen;
(c) Enrolls in a silver qualified health plan;
(d) Has income that is less than one hundred thirty-three percent of the federal poverty level; and
(e) Is ineligible for a federal or state medical assistance program administered by the authority under chapter 74.09 RCW.
(2) Subject to the availability of amounts appropriated for this specific purpose, the authority shall pay the premium cost for a qualified health plan and the out-of-pocket costs for the coverage provided by the plan for an individual who is eligible for the premium assistance program under subsection (1) of this section.
(3) The authority may disqualify a participant from the program if the participant:
(a) No longer meets the eligibility criteria in subsection (1) of this section;
(b) Fails, without good cause, to comply with procedural or documentation requirements established by the authority in accordance with subsection (4) of this section;
(c) Fails, without good cause, to notify the authority of a change of address in a timely manner;
(d) Withdraws the participant's application or requests termination of coverage; or
(e) Performs an act, practice, or omission that constitutes fraud, and, as a result, an insurer rescinds the participant's policy for the qualified health plan.
(4) The authority shall establish:
(a) Application, enrollment, and renewal processes for the COFA premium assistance program;
(b) The qualified health plans that are eligible for reimbursement under the program;
(c) Procedural requirements for continued participation in the program, including participant documentation requirements that are necessary for the authority to administer the program; and
(d) Open enrollment periods and special enrollment periods consistent with the enrollment periods for the health benefit exchange.
(5) The first open enrollment period for the COFA premium assistance program must begin no later than November 1, 2018.
[ 2019 c 311 § 2; 2018 c 161 § 3.]
NOTES:
Findings—Intent—2019 c 311: See note following RCW 74.09.719.