Title 43 — Title 43 STATE GOVERNMENT—EXECUTIVE
178 chapters · 3,474 sections in this title.
RCW 43.70.820 Environmental justice obligations of the department of health.
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The department must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.[ 2021 c 314 s 4.]Notes:Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
RCW 43.70.825 School-based health center program office.
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(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) Su…
RCW 43.70.827 Anaphylaxis occurring in educational settings—Standing order for epinephrine.
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The secretary or the secretary's designee, if a licensed health professional with the authority to prescribe epinephrine, shall, as is consistent with the exercise of sound professional judgment, issue a statewide standing order prescribing epinephrine and epinephrine autoinjecto…
RCW 43.70.830 Lead contamination in drinking water in school buildings—Sampling and testing—Data-sharing agreement.
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(1) The department shall conduct sampling and testing for lead contamination at drinking water outlets in school buildings built, or with all plumbing replaced, before 2016 as specified in this section. The department meets the requirements of this section when a school contracts…
RCW 43.70.835 Lead contamination in drinking water in school buildings—State-tribal compact schools.
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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…
RCW 43.70.840 Lead contamination in drinking water in school buildings—Technical guidance.
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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. Th…
RCW 43.70.845 Lead contamination in drinking water in school buildings—Department of health as lead agency—Waiver.
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(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 a…
RCW 43.70.855 Hospital staffing advisory committee—Appointments—Membership—Reporting.
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(1) The department, in consultation with the department of labor and industries, must establish an advisory committee on hospital staffing by September 1, 2023.(2) Appointments to the advisory committee on hospital staffing shall be jointly made by the secretary and the director …
RCW 43.70.860 Pregnancy loss in correctional institutions and private detention facilities—Reporting.
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(1) Correctional institutions and private detention facilities shall report annually to the department of health on the aggregate number of people who experience miscarriage, stillbirth, or perinatal loss while confined or incarcerated in such facilities.(2) The department of hea…
RCW 43.70.900 References to the secretary or department of social and health services—1989 1st ex.s. c 9.
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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…
RCW 43.70.901 References to the director or department of licensing—1989 1st ex.s. c 9.
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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 s 802.]
RCW 43.70.902 References to the hospital commission—1989 1st ex.s. c 9.
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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 s 803.]
RCW 43.70.903 Licensure requirements review—Report and recommendations on removing barriers.
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(1) The department, in consultation with the workforce training and education coordinating board and the examining board of psychology, shall examine licensure requirements for the following professions to identify changes to statutes and rules that would remove barriers to enter…
RCW 43.70.904 Health care entity registry—Report.
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(1) The department, in consultation with the health care authority, the office of the insurance commissioner, the office of the governor, and the office of financial management, and with input from stakeholders[,] shall develop a plan and provide recommendations to the legislatur…
RCW 43.70.910 Effective date—1989 1st ex.s. c 9.
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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 s 825.]
RCW 43.70.920 Severability—1989 1st ex.s. c 9.
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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 s 826.]
RCW 43.71.005 Finding—Intent.
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(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…
RCW 43.71.010 Definitions.
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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 t…
RCW 43.71.020 Washington health benefit exchange.
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(1) The Washington health benefit exchange is established and constitutes a self-sustaining public-private partnership separate and distinct from the state, exercising functions delineated in chapter 317, Laws of 2011. By January 1, 2014, the exchange shall operate consistent wit…
RCW 43.71.030 Exchange—Powers and duties—Annual report and plan.
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(1) The exchange has the authority to:(a) Provide an application and enrollment portal for individual and small group health and dental insurance and state and federal health care programs;(b) Certify qualified health and dental plans to be offered for enrollment through the exch…
RCW 43.71.060 Health benefit exchange account.
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(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 …
RCW 43.71.065 Qualified health plans—Certification—Criteria stand-alone dental plans—Direct primary care medical home plans—Appeals.
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(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 t…
RCW 43.71.067 Qualified health plans—Prohibited marketing practices or benefit designs—Rules.
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(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, t…
RCW 43.71.070 Rating system—Rating factors.
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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 …
RCW 43.71.075 Navigator not soliciting or negotiating insurance—Health care information—Protection—Disclosure—Notification.
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(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 assessmen…
RCW 43.71.080 Assessment to fund exchange—Generally—Stand-alone dental plans.
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(1)(a) Beginning January 1, 2015, the exchange may require each issuer writing premiums for qualified health benefit plans or stand-alone pediatric dental plans offered through the exchange to pay an assessment in an amount necessary to fund the operations of the exchange, applic…
RCW 43.71.095 Standardized health plans.
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(1) The exchange, in consultation with the commissioner, the authority, an independent actuary, and other stakeholders, must establish up to three standardized health plans for each of the bronze, silver, and gold levels.(a) The standardized health plans must be designed to reduc…
RCW 43.71.100 Access to information about exclusion of mandated benefits from qualified health plans—Exchange's duties.
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(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 …
RCW 43.71.110 Premium assistance and cost-sharing reduction program.
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(1) Subject to the availability of amounts appropriated for this specific purpose, a premium assistance and cost-sharing reduction program is hereby established to be administered by the exchange.(2) Premium assistance and cost-sharing reduction amounts must be established by the…
RCW 43.71.120 Applications to federal government for waivers and other flexibilities.
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(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) R…
RCW 43.71.130 State health care affordability account.
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(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, …
RCW 43.71.140 Loss of health care coverage from labor dispute—Worker health plan access program.
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(1) By January 1, 2025, the exchange must establish a worker health plan access program to help Washingtonians who lose health care coverage provided by their employer or a joint labor management trust as a result of an active strike, lockout, or other labor dispute.(2) Subject t…
RCW 43.71.900 Conflict with federal requirements—2011 c 317.
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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 dire…
RCW 43.71.901 Spiritual care services—2012 c 87.
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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 s 14.]
RCW 43.71A.005 Findings—Intent.
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(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 relationsh…
RCW 43.71A.010 Definitions.
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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 patie…
RCW 43.71A.020 Eligibility—Costs to be paid—Disqualification—Establishment of procedures.
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(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 …
RCW 43.71A.030 Education and outreach program.
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The authority, in consultation with the Washington state commission on Asian Pacific American affairs, shall establish an annual comprehensive community education and outreach program to COFA citizens, including contracting with a Washington organization that has multilingual lan…
RCW 43.71A.800 Advisory committee.
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The authority shall appoint an advisory committee that includes, but is not limited to, insurers and representatives of communities of COFA citizens. The committee shall advise the authority in the development, implementation, and operation of the COFA premium assistance program …
RCW 43.71A.900 Effective date—2018 c 161.
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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 22, 2018].[ 2018 c 161 s 6.]
RCW 43.71B.010 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Advisory council" means the governor's Indian health advisory council established in RCW 43.71B.020.(2) "Advisory plan" means the plan described in RCW 43.71B.030.(3) …
RCW 43.71B.020 Indian health advisory council—Duties—Reinvestment committee—Role of health care authority.
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(1) The governor's Indian health advisory council is established, consisting of:(a) The following voting members:(i) One representative from each tribe, designated by the tribal council, who is either the tribe's commission delegate or an individual specifically designated for th…
RCW 43.71B.030 Indian health improvement advisory plan.
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(1) With assistance from the authority, the commission, and other member entities of the advisory council, the reinvestment committee of the advisory council shall prepare and amend from time to time a biennial Indian health improvement advisory plan to:(a) Develop programs direc…
RCW 43.71B.040 Indian health improvement reinvestment account.
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(1) The Indian health improvement reinvestment account is created in the custody of the state treasurer. All receipts from new state savings as defined in RCW 43.71B.010 and any other moneys appropriated to the account must be deposited into the account. Expenditures from the acc…
RCW 43.71B.900 Short title.
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This chapter may be known and cited as the "Washington Indian health improvement act."[ 2019 c 282 s 6.]
RCW 43.71B.901 Findings—Intent—2019 c 282.
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(1) The legislature finds that:(a) As set forth in 25 U.S.C. Sec. 1602, it is the policy of the nation, in fulfillment of its special trust responsibilities and legal obligations to American Indians and Alaska Natives, to:(i) Ensure the highest possible health status for American…
RCW 43.71C.010 Definitions.
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*** CHANGE IN 2026 *** (SEE 5981-S2.SL) ***The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Authority" means the health care authority.(2) "Covered drug" means any prescription drug that:(a) A covered manufacturer in…
RCW 43.71C.020 Health carriers—Cost and utilization data reporting.
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Beginning October 1, 2019, and on a yearly basis thereafter, a health carrier must submit to the authority the following prescription drug cost and utilization data for the previous calendar year for each health plan it offers in the state:(1) The twenty-five prescription drugs m…
RCW 43.71C.030 Pharmacy benefit managers—Data reporting.
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(1) By March 1st of each year, a pharmacy benefit manager must submit to the authority the following data from the previous calendar year:(a) All discounts, including the total dollar amount and percentage discount, and all rebates received from a manufacturer for each drug on th…
RCW 43.71C.040 Pharmacy benefit managers—Compliance.
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(1) No later than March 1st of each calendar year, each pharmacy benefit manager must file with the authority, in the form and detail as required by the authority, a report for the preceding calendar year stating that the pharmacy benefit manager is in compliance with this chapte…