In this last year of the decade that began with Congress passing the Affordable Care Act (ACA), our state is poised to take its biggest step yet towards preserving important health care rights for Washingtonians, come what may in D.C. or federal courts. 
The Washington State Legislature has passed a bill (SHB 1870) to make our state law consistent with consumer protections in the ACA. Immediately after Governor Inslee’s expected signature, Washington law – regardless of future changes in federal law – will require health insurers to:
- Accept every person who applies for coverage (“guaranteed issue”), and not deny or limit coverage based on health status including pre-existing conditions, medical history, disability, genetic information, or past ability to be insured.
- Not stop coverage except for fraud or non-payment.
- Cover 10 categories of health benefits at levels at least meeting the “benchmark” of the state’s largest small group insurance plan.
- Limit annual cost-sharing maximums and not impose annual or lifetime limits on essential benefits.
- Provide summaries of benefits and other information in standard and understandable formats determined by the Insurance Commissioner.
We are very pleased that the bill also incorporates into state law certain provisions of the ACA that prohibit health insurers selling individual and small group plans from discriminating against individuals in the design of benefits, or implementation of their design, based on age, expected length of life, present or predicted disability, degree of medical dependency, quality of life, or other health conditions. In addition, insurers may not discriminate on the basis of race, color, national origin, disability, age, sex, gender identity, or sexual orientation. NoHLA worked with the proponents of the bill to include these provisions in the legislation.
The bill specifies that the federal regulations and guidance in effect on January 1, 2017 apply, meaning that Trump administration changes that eroded the protections are not included, and our Insurance Commissioner is authorized to adopt state regulations. This law adds to protections already available under the Washington Law Against Discrimination.
The timing of the bill insulates Washington from administration attacks on the ACA, as long as the state is not required by federal law to remove these protections. Recognizing the rhetoric and potential for ongoing erosion of the ACA, Senator Annette Cleveland, a champion of health care access, introduced a floor amendment to declare this bill necessary “for the immediate protection of the public peace, health, or safety” and therefore effective immediately. This clause was adopted.
We thank new Representative Lauren Davis (32nd Legislative District) for sponsoring SHB 1870. And big shout-outs to Alexa Silver, NoHLA’s representative in Olympia, and Erin Dziedzic with the Bleeding Disorder Foundation of Washington, for their work on this bill!
-Charlie Mitchell, NoHLA Senior Staff Attorney