We have often heard consumers speak out about their frustration with getting care in a timely fashion through their insurance plan. This legislative session, House Bill 1099, sponsored by Representative Laurie Jinkins, addresses access to mental health and chemical dependency treatment. The bill is one of many this year intended to improve access to behavioral health services. It aims to ensure that consumers can get information on availability of these providers in their insurance networks, and what to do if they have problems getting care.

The first public hearing for this legislation included emotional testimony from Rachel Smith, a school administrator, who lost her twenty year old son, Brennen, to suicide. She had gone out of her way to buy a high quality insurance plan for her family. When Brennen came to her with addiction problems and depression, she jumped into action to get him the care he needed – care she thought she had access to according to the materials from her insurance company. Brennen was given the earliest appointment available, but that was 29 days out from the date of his call. Ms. Smith was told  to call every morning to see if an appointment became available and she did, but to no avail. Brennen Smith died by suicide four days before his scheduled appointment. For the Smith family, insurance coverage was not enough. Ms. Smith and other advocates want to prevent these tragedies from happening to others by making sure they get timely access to care.

The bill would require insurance carriers to note in their electronic provider directories any of their behavioral health providers who are no longer taking new patients. It would also require carriers to post the following on their website:

• The number of business days within which consumers should get access to covered services, as required by the Insurance Commissioner.
• The actions consumers may take if they are unable to access services, including help finding providers and how to file a complaint.
• Any disciplinary action the insurance commissioner has taken against the carrier for not complying with network access standards for behavioral health services.
• A link to the Insurance Commissioner’s report of consumer complaints.
• Resources for persons experiencing a mental health crisis, including information for the National Suicide Prevention Lifeline.

This bill was originally drafted to require plans to post this information for all types of care, but the substitute bill now pending in the House of Representatives only includes behavioral health providers. Rep. Jinkins stated that the amendments were negotiated with the Insurance Commissioner’s office and the insurers “to actually make sure this is something that could work.” While we support this legislation as a first step, we look forward to seeing the provisions in this bill expanded to all provider networks, as well as to additional measures that guarantee that insured Washington residents have prompt access to providers of covered services. We hope to see Governor Inslee’s signature on this bill soon.

-Samantha Barry, NoHLA Intern