What You'll Lose in Washington

Washington has consumer protections that: Comparable Federal Rule for AHPs?

Ensure fair insurance premiums for small groups. There are strict limits on:

  • Vary initial premiums based on health status
  • Limits on other rating factors: 375% for age; up to 20% discount for wellness; use of health status, claims experience, duration, gender, group size, and industry is prohibited
  • Increase an employer's premiums when an employee gets sick
  • Renewal rating follows same rules as initial rates
  • Increase rates more frequently than every 12 months

 


No

 

 

No


No

Ensure access to independent review:

  • Consumers can demand independent external review of claims denials

 

No

Ensure appropriate access to care. Insurers must:

  • Cover emergency services that a “prudent layperson” thought necessary

  • Cover transitional care when primary care providers leave network

  • Cover non-formulary prescription drugs in certain situations

  • Allow direct access to OB-GYNs

 

No

 

No

No

 

No

Ensure marketing protections:

  • Insurers must follow detailed requirements for marketing materials

 

No

Ensure health plans cover important benefits, such as:

  • Mammography screening

  • Diabetes supplies and education*

  • Prompt payment rules

 

No

No

No (Self-funded AHPs exempt)

 

Ensure appropriate oversight of insurers:

  • State handles complaints from consumers & providers

  • State investigates, oversees, enforces rules (including financial penalties)

 

No

 

No$

Prevent failures and ensure payment of claims:

  • Insurers must maintain financial surpluses that grow with size of insurer

  • State oversees corrective action once insurer nears minimum standards

  • State acts quickly to seize assets to pay claims

 

No ($2M cap)

 

No

 

No

 

Promote access for the uninsured:

  • Mini-COBRA rules for small employers with fewer than 20 employees

  • Insurers must help fund state high-risk pool

 

No

No

*DeNotes a mandatory offer requirement