title: RCW 43.360.030

text:
(1) The department shall adopt criteria for the designation of local downtown or neighborhood commercial district revitalization programs and official local main street programs. In establishing the criteria, the department shall consider:
(a) The degree of interest and commitment to comprehensive downtown or neighborhood commercial district revitalization and, where applicable, historic preservation by both the public and private sectors;
(b) The evidence of potential private sector investment in the downtown or neighborhood commercial district;
(c) Where applicable, a downtown or neighborhood commercial district with sufficient historic fabric to become a foundation for an enhanced community image;
(d) The capacity of the organization to undertake a comprehensive program and the financial commitment to implement a long-term downtown or neighborhood commercial district revitalization program that includes a commitment to employ a professional program manager and maintain a sufficient operating budget;
(e) The department's existing downtown revitalization program's tier system;
(f) The national main street center's criteria for designating official main street cities; and
(g) Other factors the department deems necessary for the designation of a local program.
(2) The department shall designate local downtown or neighborhood commercial district revitalization programs and official local main street programs. The programs shall be limited to three categories of designation, one of which shall be the main street level.
(3) RCW 43.360.020 does not apply to any local downtown or neighborhood commercial district revitalization program unless the boundaries of the program have been identified and approved by the department. The boundaries of a local downtown or neighborhood commercial district revitalization program are typically defined using the pedestrian core of a traditional commercial district.
(4) The department may not designate a local downtown or neighborhood commercial district revitalization program or official local main street program if the program is undertaken by a local government with a population of one hundred ninety thousand persons or more at the time of designation.
[ 2022 c 50 s 1; 2005 c 514 s 910.]
Notes:
Short title—2005 c 514 ss 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.

catchline: Designation of specific programs—Criteria.


doc_type: statute

jurisdiction: wa

title: RCW 43.360.050

text:
The Washington main street trust fund account is created in the state treasury. All receipts from private contributions, federal funds, legislative appropriations, and fees for services, if levied, must be deposited into the account. Expenditures from the account may be used only for the operation of the Washington main street program.
[ 2005 c 514 s 912.]
Notes:
Short title—2005 c 514 ss 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Washington main street trust fund account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.362.005

text:
(1) The legislature finds that current concern over the rapid and increasing loss of rural, agricultural, and forested land has led to the exploration of creative approaches to preserving these important lands, and that the creation of a regional transfer of development rights marketplace will assist in conserving these lands.
(2) A transfer of development rights is a market-based exchange mechanism that encourages the voluntary transfer of development rights from sending areas with lower population densities to receiving areas with higher population densities. When development rights are transferred through a transfer of development rights exchange, permanent deed restrictions are placed on the sending area properties to ensure that the land will be used only for approved activities, activities that may include farming, forest management, conservation, or passive recreation. Additionally, in a transfer of development rights exchange, the costs of purchasing the recorded development restrictions are borne by the developers who receive the transferred right in the form of a building credit or bonus.
(3) The legislature further finds that a successful transfer of development rights program must consider housing affordable to all economic segments of the population, and economic development programs and policies in designated receiving areas. Counties, cities, and towns that decide to participate in the regional transfer of development rights program for central Puget Sound are encouraged to adopt comprehensive plan policies and development regulations to implement the program that do not compete or conflict with comprehensive plan policies and development regulations that require or encourage affordable housing. Participating cities and towns are also encouraged to use the development of receiving areas to maximize opportunities for economic development that supports the creation or retention of jobs.
(4) Participation in a regional transfer of development rights program by counties, cities, and towns should be as simple as possible.
(5) Accordingly, the legislature has determined that it is good public policy to build upon existing transfer of development rights programs, pilot projects, and private initiatives that foster effective use of transferred development rights through the creation of a market-based program that focuses on the central Puget Sound region. A regional transfer of development rights program in the central Puget Sound should be voluntary, incentive-driven, and separate, but compatible with existing local transfer of development rights programs.
[ 2009 c 474 s 1; 2007 c 482 s 1.]

catchline: Findings.


title: RCW 43.362.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "By-right permitting" means that project applications for permits that use transferable development rights would be subject to administrative review. Administrative review allows a local planning official to approve a project without noticed public hearings.
(2) "Department" means the department of commerce.
(3) "Nongovernmental entities" includes nonprofit or membership organizations with experience or expertise in transferring development rights.
(4) "Receiving area ratio" means the number or character of development rights that are assigned to a development right for use in a receiving area. Development rights in a receiving area may be used at the discretion of the receiving area jurisdiction, including but not limited to additional residential density, additional building height, additional commercial floor area, or to meet regulatory requirements.
(5) "Receiving areas" are lands within and designated by a city or town in which transferable development rights from the regional program established by this chapter may be used.
(6) "Regional transfer of development rights program" or "regional program" means the regional transfer of development rights program established by RCW 43.362.030 in central Puget Sound, including King, Pierce, Kitsap, and Snohomish counties and the cities and towns within these counties.
(7) "Sending area" includes those lands that meet conservation criteria as described in RCW 43.362.040.
(8) "Sending area ratio" means the number of development rights that a sending area landowner can sell per acre.
(9) "Transfer of development rights" includes methods for protecting land from development by voluntarily removing the development rights from a sending area and transferring them to a receiving area for the purpose of increasing development density or intensity in the receiving area.
(10) "Transferable development right" means a right to develop one or more residential units in a sending area that can be sold and transferred for use consistent with a receiving ratio adopted for development in a designated receiving area consistent with the regional program.
[ 2009 c 565 s 45; 2009 c 474 s 2; 2007 c 482 s 2.]
Notes:
Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(2) This section was amended by 2009 c 474 s 2 and by 2009 c 565 s 45, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Definitions.


title: RCW 43.362.020

text:
Subject to the availability of amounts appropriated for this specific purpose, the department shall fund a process to develop a regional transfer of development rights program that comports with chapter 36.70A RCW that:
(1) Encourages King, Kitsap, Pierce, and Snohomish counties, and the cities within these counties, to participate in the development and implementation of regional frameworks and mechanisms that make transfer of development rights programs viable and successful. The department shall encourage and embrace the efforts in any of these counties or cities to develop local transfer of development rights programs. In fulfilling the requirements of this chapter, the department shall work with the Puget Sound regional council and its growth management policy board to develop a process that satisfies the requirements of this chapter. In the development of a process to create a regional transfer of development rights program, the Puget Sound regional council and its growth management policy board shall develop policies to discourage, or prohibit if necessary, the transfer of development rights from a sending area that would negatively impact the future economic viability of the sending area. The department shall also work with an advisory committee to develop a regional transfer of development rights marketplace that includes, but is not limited to, supporting strategies for financing infrastructure and conservation. The department shall establish an advisory committee of nine stakeholders with representatives of the following interests:
(a) Two qualified nongovernmental organizations with expertise in the transfer of development rights. At least one organization must have a statewide expertise in growth management planning and in the transfer of development rights and at least one organization must have a local perspective on market-based conservation strategies and transfer of development rights;
(b) Two representatives from real estate and development;
(c) One representative with a county government perspective;
(d) Two representatives from cities of different sizes and geographic areas within the four-county region; and
(e) Two representatives of the agricultural industry; and
(2) Allows the department to utilize recommendations of the interested local governments, nongovernmental entities, and the Puget Sound regional council to develop recommendations and strategies for a regional transfer of development rights marketplace with supporting strategies for financing infrastructure and conservation that represents the consensus of the governmental and nongovernmental parties engaged in the process. However, if agreement between the parties cannot be reached, the department shall make recommendations to the legislature that seek to balance the needs and interests of the interested governmental and nongovernmental parties. The department may contract for expertise to accomplish any of the following tasks. Recommendations developed under this subsection must:
(a) Identify opportunities for cities, counties, and the state to achieve significant benefits through using transfer of development rights programs and the value in modifying criteria by which capital budget funds are allocated, including but not limited to, existing state grant programs to provide incentives for local governments to implement transfer of development rights programs;
(b) Address challenges to the creation of an efficient and transparent transfer of development rights market, including the creation of a transfer of development rights bank, brokerage, or direct buyer-seller exchange;
(c) Address issues of certainty to buyers and sellers of development rights that address long-term environmental benefits and perceived inequities in land values and permitting processes;
(d) Address the means for assuring that appropriate values are recognized and updated, as well as specifically addressing the need to maintain the quality of life in receiving neighborhoods and the protection of environmental values over time;
(e) Identify opportunities and challenges that, if resolved, would result in cities throughout the Puget Sound region participating in a transfer of development rights market;
(f) Compare the uses of a regional transfer of development rights program to other existing land conservation strategies to protect rural and resource lands and implement the growth management act; and
(g) Identify appropriate sending areas so as to protect future growth and economic development needs of the sending areas.
[ 2007 c 482 s 3.]

catchline: Regional transfer of development rights program.


title: RCW 43.362.030

text:
(1) Subject to the availability of funds appropriated for this specific purpose or another source of funding made available for this specific purpose, the department shall establish a regional transfer of development rights program in central Puget Sound, including King, Kitsap, Snohomish, and Pierce counties and the cities and towns within these counties. The program must be guided by the Puget Sound regional council's multicounty planning policies adopted under RCW 36.70A.210(7).
(2) The purpose of the program is to foster voluntary county, city, and town participation in the program so that interjurisdictional transfers occur between the counties, cities, and towns, including transfers from counties to cities and towns in other counties. Private transactions between buyers and sellers of transferable development rights are allowed and encouraged under this program. In fulfilling the requirements of this chapter, the department shall work with the Puget Sound regional council to implement a regional program.
(3) The department shall encourage participation by the cities, towns, and counties in the regional program. The regional program shall not be implemented in a manner that negatively impacts existing local programs. The department shall encourage and work to enhance the efforts in any of these counties, cities, or towns to develop local transfer of development rights programs or enhance existing programs.
(4) Subject to the availability of funds appropriated for this specific purpose or another source of funding made available for this specific purpose, the department shall do the following to implement a regional transfer of development rights program in central Puget Sound:
(a) Serve as the central coordinator for state government in the implementation of RCW 43.362.030 through 43.362.070.
(b) Offer technical assistance to cities, towns, and counties planning for participation in the regional transfer of development rights program. The department's technical assistance shall:
(i) Include written guidance for local development and implementation of the regional transfer of development rights program;
(ii) Include guidance for and encourage permitting or environmental review incentives for developers to participate. Activities may include, but are not limited to, provision for by-right permitting, substantial environmental review of a subarea plan for the receiving area that includes the use of transferable development rights, adoption of a categorical exemption for infill under RCW 43.21C.229 for a receiving area, or adoption of a planned action under RCW 43.21C.240;
(iii) Provide guidance to counties, cities, and towns to negotiate receiving area ratios and foster private transactions;
(iv) Provide guidance and encourage planning for receiving areas that do not compete or conflict with comprehensive plan policies and development regulations that require or encourage affordable housing; and
(v) Provide guidance and encourage planning for receiving areas that maximizes opportunities for economic development through the creation or retention of jobs.
(c) Work with counties, cities, and towns to inform elected officials, planning commissions, and the public regarding the regional transfer of development rights program. The information provided by the department shall discuss the importance of preserving farmland and farming, and forestland and forestry, to cities and towns and the local economy.
(d) Based on information provided by the counties, cities, and towns, post on a website information regarding transfer of development rights transactions and a list of interested buyers and sellers of transferable development rights.
(e) Coordinate with and provide resources to state and local agencies and stakeholders to provide public outreach.
[ 2009 c 474 s 3.]

catchline: Program established in central Puget Sound.


title: RCW 43.362.040

text:
(1) Counties shall use the following criteria to guide the designation of sending areas for participation in the regional transfer of development rights program:
(a) Land designated as agricultural or forestland of long-term commercial significance;
(b) Land designated rural that is being farmed or managed for forestry;
(c) Land whose conservation meets other state and regionally adopted priorities; and
(d) Land that is in current use as a manufactured/mobile home park as defined in chapter 59.20 RCW.
Nothing in these criteria limits a county's authority to designate additional lands as a sending area for conservation under a local county transfer of development rights program.
(2) Upon purchase of a transferable development right from land designated rural that is being farmed or managed for forestry, a county must include the land from which the right was purchased in any programs it administers for conservation of agricultural land or forestland.
(3) The designation of receiving areas is limited to incorporated cities or towns. Prior to designating a receiving area, a city or town should have adequate infrastructure planned and funding identified for development in the receiving area at densities or intensities consistent with what can be achieved under the local transfer of development rights program. Nothing in this subsection limits a city's, town's, or county's authority to designate additional lands for a receiving area under a local intrajurisdictional transfer of development rights program that is not part of the regional program.
(4) Cities and towns participating in the regional transfer of development rights program shall have discretion to determine which sending areas they receive development rights from to be used in their designated receiving areas.
(5) Designation of sending and receiving areas should include a process for public outreach consistent with the public participation requirements in chapter 36.70A RCW.
[ 2009 c 474 s 4.]

catchline: Designation of sending and receiving areas—Inclusion of certain lands in programs for agricultural or forestland conservation.


title: RCW 43.362.050

text:
(1) To facilitate participation, the department shall develop and adopt by rule terms and conditions of an interlocal agreement for transfers of development rights between counties, cities, and towns. Counties, cities, and towns participating in the regional program have the option of adopting the rule by reference to transfer development rights across jurisdictional boundaries as an alternative to entering into an interlocal agreement under chapter 39.34 RCW.
(2) This section and the rules adopted under this section shall be deemed to provide an alternative method for the implementation of a regional transfer of development rights program, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in municipalities.
(3) Nothing in this section prohibits a county, city, or town from entering into an interlocal agreement under chapter 39.34 RCW to transfer development rights under the regional program.
[ 2009 c 474 s 5.]

catchline: Interlocal agreement for transfers of development rights—Rules.


title: RCW 43.362.060

text:
(1) Counties, cities, and towns that choose to participate in the regional transfer of development rights program must:
(a) Enter into an interlocal agreement or adopt a resolution adopting by reference the provisions in the department rule authorized in RCW 43.362.050; and
(b) Adopt transfer of development rights policies or implement development regulations that:
(i) Comply with chapter 36.70A RCW;
(ii) Designate sending or receiving areas consistent with RCW 43.362.030 through 43.362.070; and
(iii) Adopt a sending or receiving area ratio in cooperation with the sending or receiving jurisdiction.
(2) Cities and towns that choose to participate in the regional transfer of development rights program are encouraged to provide permitting or environmental review incentives for developers to participate. Such incentives may include, but are not limited to, provision for by-right permitting, substantial environmental review of a subarea plan for the receiving area that includes the use of transferable development rights, adoption of a categorical exemption for infill under RCW 43.21C.229 for a receiving area, or adoption of a planned action under RCW 43.21C.240.
[ 2009 c 474 s 6.]

catchline: Participation in regional transfer of development rights program—Requirements—Incentives for developers.


title: RCW 43.362.070

text:
The department will develop quantitative and qualitative performance measures for monitoring the regional transfer of development rights program. The performance measures may address conservation of land and creation of compact communities, as well as other measures identified by the department. The department may require cities, towns, and counties to report on these performance measures biannually. The department shall compile any performance measure information that has been reported by the counties, cities, and towns and post it on a website.
[ 2009 c 474 s 7.]

catchline: Quantitative and qualitative performance measures—Reporting—Posting on website.


title: RCW 43.365.005

text:
The legislature recognizes the motion picture industry in Washington as a valuable commodity contributing greatly to the economic vitality of the state and the cultural integrity of our communities. The legislature further recognizes the production of in-state motion pictures, television programs, and television commercials creates a marked increase in tourism, family-wage jobs, and the sale of local goods and services generating revenue for the state. Furthermore, with captive national and international audiences, the world is introduced to the state's pristine scenic venues and reminded that the Pacific Northwest is a great place to live and raise a family. The legislature also recognizes the inherent educational value of promoting arts and culture as well as the benefits of training young motion picture professionals who will build a fruitful industry for years to come.
The legislature finds in recent years that the state has realized a drastic decline in motion picture production that precludes economic expansion and threatens the state's reputation as a production destination. With the emergence of tax incentives in other states nationwide, in-state producers are taking their projects to more competitive economic climates, such as Oregon and Vancouver, British Columbia, where compelling tax incentive packages and subsidies are already in effect.
The legislature also finds that in recent years increasingly workers in Washington state are without health insurance coverage and retirement income protections, causing hardships on workers and their families and higher costs to the state.
The legislature also recognizes that there are significant barriers to entry for those from marginalized communities to enter the motion picture workforce. This results in lost opportunity for people to tell stories in film that reflect a breadth of diversity in experience across race, gender, ability, sexual orientation, and place of origin.
The legislature also finds that more investment in the film industry will increase revenue with Washington state businesses and create family-wage jobs that pay health and retirement benefits for Washington workers. Moreover, targeted investments in rural and marginalized communities will create opportunities to build an equitable workforce and film industry.
Therefore, it is the intent of the legislature to recognize both national and international competition in the motion picture production marketplace. The legislature is committed to leveling the competitive playing field and promoting an equitable film industry and is interested in a partnership with the private sector to regain Washington's place as a premier destination to make motion pictures, television, and television commercials. While at the same time the legislature is committed to ensuring that workers in the motion picture and television industry are covered under health insurance and retirement income plans and that motion picture production sets and stories reflect the diversity of Washington residents.
[ 2022 c 270 s 1; 2006 c 247 s 1.]

catchline: Findings—Intent.


title: RCW 43.365.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Approved motion picture competitiveness program" and "program" mean a nonprofit organization under the internal revenue code, section 501(c)(6), with the sole purpose of revitalizing the state's economic, cultural, and educational standing in the national and international market of motion picture production and associated creative industries and assisting and providing services for attracting the film industry and associated creative industries, by recommending and awarding financial assistance for costs associated with motion pictures in the state of Washington.
(2) "Board of directors" and "board" mean the board of directors established in RCW 43.365.030.
(3) "Contribution" means cash contributions.
(4) "Costs" means actual expenses of production and postproduction expended in Washington state for the production of motion pictures, including but not limited to payments made for salaries, wages, and health insurance and retirement benefits, the rental costs of machinery and equipment and the purchase of services, food, property, lodging, and permits for work conducted in Washington state.
(5) "Department" means the department of commerce.
(6) "Funding assistance" means cash expenditures from an approved motion picture competitiveness program.
(7) "Motion picture" means a recorded audiovisual production intended for distribution to the public for exhibition in public and/or private settings by means of any and all delivery systems and/or delivery platforms now or hereafter known, including without limitation, screenings in motion picture theaters, broadcasts and cablecast transmissions for viewing on televisions, computer screens, and other audiovisual receivers, viewings on screens by means of digital video disc (DVD) players, video on demand (VOD) services, and digital video recording (DVR) services, direct internet transmission, and viewing on digital computer-based systems which respond to the users' actions (interactive media).
(8) "Person" has the same meaning as provided in RCW 82.04.030.
(9) "Rural community" has the same meaning as "rural county" in RCW 82.14.370.
[ 2022 c 270 s 2; 2017 3rd sp.s. c 37 s 1103; 2012 c 189 s 1. Prior: 2009 c 565 s 46; 2006 c 247 s 2.]


title: RCW 43.365.020

text:
(1) The department must adopt criteria for the approved motion picture competitiveness program with the sole purpose of revitalizing the state's economic, cultural, and educational standing in the national and international market of motion picture production. Rules adopted by the department shall allow the program, within the established criteria, to provide funding assistance only when it captures economic opportunities for Washington's communities and businesses and shall only be provided under a contractual arrangement with a private entity. In establishing the criteria, the department shall consider:
(a) The additional income and tax revenue to be retained in the state for general purposes;
(b) The creation and retention of family-wage jobs which provide health insurance and payments into a retirement plan;
(c) The impact of motion picture projects to maximize in-state labor and the use of in-state film production and film postproduction companies;
(d) The impact upon the local economies and the state economy as a whole, including multiplier effects;
(e) The intangible impact on the state and local communities that comes with motion picture projects;
(f) The regional, national, and international competitiveness of the motion picture filming industry;
(g) The revitalization of the state as a premier venue for motion picture production and national television commercial campaigns;
(h) Partnerships with the private sector to bolster film production in the state and serve as an educational and cultural purpose for its citizens;
(i) The vitality of the state's motion picture industry as a necessary and critical factor in promoting the state as a premier tourist and cultural destination;
(j) Giving preference to additional seasons of television series that have previously qualified and to motion picture productions that tell stories of marginalized communities; and
(k) Other factors the department may deem appropriate for the implementation of this chapter.
(2) The board of directors shall create and administer an account for carrying out the purposes of subsection (4) of this section.
(3) The board's goal must be to commit at least 20 percent of funding assistance to motion picture productions located or filmed in rural communities and 20 percent of funding assistance to motion picture productions that tell stories of marginalized communities.
(4) Money received by the approved motion picture competitiveness program shall be used only for:
(a) Health insurance and payments into a retirement plan, and other costs associated with film production;
(b) Staff and related expenses to maintain the program's proper administration and operation;
(c) Supporting the growth and development of the Washington state film industry through career connected learning, workforce development, and business development with a focus on better supporting people from marginalized or rural communities; and
(d) Developing resources to facilitate filming in rural communities including, but not limited to, economic development grants for filming, training for film liaisons, information about film permitting processes, and grants to support the expansion of location database collateral.
(5) Except as provided otherwise in subsections (8) and (9) of this section, maximum funding assistance from the approved motion picture competitiveness program is limited to an amount up to thirty percent of the total actual investment in the state of at least:
(a) Five hundred thousand dollars for a single motion picture produced in Washington state; or
(b) One hundred fifty thousand dollars for a television commercial associated with a national or regional advertisement campaign produced in Washington state.
(6) Except as provided otherwise in subsections (8) and (9) of this section, maximum funding assistance from the approved motion picture competitiveness program is limited to an amount up to thirty-five percent of the total actual investment of at least three hundred thousand dollars per episode produced in Washington state. A minimum of six episodes of a series must be produced to qualify under this subsection. A maximum of up to thirty percent of the total actual investment from the approved motion picture competitiveness program may be awarded to an episodic series of less than six episodes.
(7) With respect to costs associated with nonstate labor for motion pictures and episodic services, funding assistance from the approved motion picture competitiveness program is limited to an amount up to fifteen percent of the total actual investment used for costs associated with nonstate labor. To qualify under this subsection, the production must have a labor force of at least eighty-five percent of Washington residents. The board may establish additional criteria to maximize the use of in-state labor.
(8)(a) The approved motion picture competitiveness program may allocate an annual aggregate of no more than ten percent of the qualifying contributions by the program under RCW 82.04.4489 to provide funding support for filmmakers who are Washington residents, new forms of production, and emerging technologies.
(i) Up to thirty percent of the actual investment for a motion picture with an actual investment lower than that of motion pictures under subsection (5)(a) of this section; or
(ii) Up to thirty percent of the actual investment of an interactive motion picture intended for multiplatform exhibition and distribution.
(b) Subsections (5) and (6) of this section do not apply to this subsection.
(9)(a) In addition to the maximum funding assistance established in subsections (5) and (6) of this section, up to a 10 percent enhancement award on a motion picture production's state investment must be given for motion pictures: (i) Located or filmed in a rural community; or (ii) that tell stories of marginalized communities.
(b) Total actual investment requirements established in subsections (5) and (6) of this section apply to this subsection (9).
(10)(a) Funding assistance must include up to $3,000,000 for small motion picture productions produced in Washington state, subject to subsection (11) of this section, that are creatively driven by Washington residents. To qualify, the small motion picture production must have at least two Washington residents in any combination of the following positions: Writer, director, producer, or lead actor. An entity seeking funding assistance for a small motion picture production must demonstrate that the amount of the total actual investment for the production is less than $1,000,000.
(b) Maximum funding assistance and total actual investment requirements, established in subsections (5), (6), (7), (8), and (9) of this section apply to small motion picture productions. The department shall adopt rules as necessary to implement this subsection (10).
(11) Funding assistance approval must be determined by the approved motion picture competitiveness program within a maximum of thirty calendar days from when the application is received, if the application is submitted after August 15, 2006. For small motion picture productions, the approved motion picture competitiveness program, after determining a conditional approval of the production, shall hold the production's funding assistance in reserve while the entity seeking funding assistance for the production secures financing for the remainder of the budget. Once the entity seeking funding assistance for the production demonstrates to the program that it has secured the necessary financing, the program shall certify the small motion picture production as approved. If the entity seeking funding assistance cannot demonstrate within six months from the date of conditional approval that it has secured the total budget, the program must make the funding assistance available to other eligible applicants with funding assistance approval.
(12) By December 31, 2022, and annually thereafter, the department, on behalf of the board, must report to the legislature on the approved motion picture competitiveness program. This report may include information required in the survey established in RCW 43.365.040. At a minimum, the report must include an annual list of recipients awarded financial assistance from the prior year with total estimated production costs, locations of each production, and the board's progress towards the goal of at least 20 percent of its funding assistance provided to motion picture productions located or filmed in rural communities and 20 percent of its funding assistance provided to motion picture productions that tell stories of marginalized communities. The report must also include information on workforce development, career connected learning, and business development activities, including whether they have been scaled up in size from the previous year and how they are meeting the goal of supporting people from marginalized communities.
(13) The approved motion picture competitiveness program must allocate funds for training and job placement for marginalized communities as follows:
(a) For fiscal years 2023 and 2024, a minimum of $500,000 for each fiscal year; and
(b) For each fiscal year on or after July 1, 2024, a minimum of $750,000.
[ 2022 c 270 s 4; 2012 c 189 s 2; 2009 c 100 s 1; 2008 c 85 s 1; 2006 c 247 s 3.]
Notes:
Effective date—2009 c 100: "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 [April 15, 2009]." [ 2009 c 100 s 2.]

catchline: Program criteria—Permissible expenditures—Maximum funding assistance—Funding assistance approval—Rules—Reports.


title: RCW 43.365.030

text:
(1) A Washington motion picture competitiveness program under this chapter must be administered by a board of directors appointed by the governor, and the appointments must be made within sixty days following enactment. The department, after consulting with the board, must adopt rules for the standards that shall be used to evaluate the applications for funding assistance prior to June 30, 2006.
(2) The board must evaluate and award financial assistance to motion picture projects under rules set forth under RCW 43.365.020.
(3) The board must consist of the following members:
(a) Two members representing the Washington motion picture production industry, one of whom must demonstrate expertise in the financing of motion picture projects;
(b) One member representing technologies impacting the Washington emerging motion picture industry;
(c) Two members representing labor unions affiliated with Washington motion picture production;
(d) Three members representing industries and businesses impacted by motion picture production, one of whom must represent industries or businesses located east of the crest of the Cascade mountain range and one of whom must represent industries or businesses located west of the crest of the Cascade mountain range;
(e) Two cochairs of the board's equity committee, not already serving on the board, recommended by the board to the governor;
(f) Two cochairs of the board's advisory committee, also known as the film leadership council, not already serving on the board, recommended by the board to the governor; and
(g) A chairperson, chosen at large, must serve at the pleasure of the governor.
(4) The term of the board members, other than the chair, is four years, except as provided in subsection (5) of this section.
(5) The governor must appoint board members to four-year staggered terms, except the board member initially appointed to the position in subsection (3)(b) of this section and the board member initially appointed to the position in subsection (3)(f) of this section must each be appointed to a two-year term. Once those initial two-year terms expire, all subsequent terms are for four years.
(6) A board member appointed by the governor may be removed by the governor for cause under RCW 43.06.070 and 43.06.080.
(7) Seven members of the board constitute a quorum.
(8) The board must elect a treasurer and secretary annually, and other officers as the board members determine necessary, and may adopt bylaws or rules for its own government.
(9) The board must make any information available at the request of the department to administer this chapter.
(10) Contributions received by a board must be deposited into the account described in RCW 43.365.020(2).
(11) Board members must comply with all requirements of a 501(c)(6) organization, including the prohibition on using information obtained as a board member for personal gain. Board members must act in the best interest of the approved motion picture competitiveness program. Each board member is required to complete an annual conflicts of interest form to disclose all conflicts and potential conflicts of interest with board actions. If a board member has a conflict of interest with respect to an application for funding assistance, the board member must disclose the board member's conflict and not be present for a discussion or vote on the application.
[ 2022 c 270 s 3; 2012 c 189 s 3; 2008 c 85 s 2; 2006 c 247 s 4.]

catchline: Board of directors—Standards for evaluating funding applications—Awards of financial assistance—Deposit of contributions—Rules—Duties of directors.


title: RCW 43.365.040

text:
(1) The legislature finds that accountability and effectiveness are important aspects of setting tax policy. In order to make policy choices regarding the best use of limited state resources the legislature needs information on how incentives are used.
(2) Each motion picture production receiving funding assistance under RCW 43.365.020 must report information to the department by filing a complete annual survey. The survey is due by March 31st of the year following any calendar year in which funding assistance under RCW 43.365.020 is taken. The department may extend the due date for timely filing of annual surveys under this section if failure to file was the result of circumstances beyond the control of the motion picture production receiving the funding assistance.
(3) The Washington motion picture competitiveness program established in RCW 43.365.030, in collaboration with the department and the department of revenue, and in consultation with the joint legislative audit and review committee, must develop a survey form and instructions that accompany the survey form by November 1, 2012. The instructions must provide sufficient detail to ensure consistent reporting. The survey must be designed to acquire data to allow the state to better measure the effectiveness of the program and to provide transparency of the motion picture competitiveness program. The survey must include:
(a) The total amount of taxes paid;
(b) The amount of taxes paid classified by type, which may include, but is not limited to, sales taxes, use taxes, business and occupation taxes, unemployment insurance taxes, and workers' compensation premiums;
(c) The amount of funding assistance received; and
(d) The following information for employment positions in Washington by the motion picture production receiving funding assistance, including indirect employment by contractors or other affiliates:
(i) The number of total employment positions;
(ii) The average number of hours worked by employed individuals;
(iii) The average base pay of individuals employed by motion picture companies, including contributions to health care benefits and retirement plans;
(iv) The number of employment positions that have employer-provided medical, dental, and retirement benefits; and
(v) The number of employment positions filled by Washington state residents, and residency information for employment positions filled by people from other locations.
(4) The department may request additional information necessary to measure the results of the funding assistance, to be submitted at the same time as the survey.
(5) If a person fails to submit an annual survey under subsection (2) of this section by the due date of the report or any extension the department must declare the amount of funding assistance for the previous calendar year to be immediately due and payable. The department must assess interest, but not penalties, on the amounts due under this section. The interest is assessed at the rate provided for delinquent taxes under chapter 82.32 RCW, retroactively to the date the funding assistance was received, and accrues until the funding assistance is repaid.
(6) The department must use the information from this section to prepare summary descriptive statistics. The department must report these statistics to the legislature each even-numbered year by September 1st. The department must provide the complete annual surveys to the joint legislative audit and review committee, which shall perform a review as required under RCW 43.365.050.
(7) The motion picture competitiveness program must periodically audit and generally monitor the survey information submitted by production companies for completeness and accuracy.
[ 2022 c 270 s 6; 2012 c 189 s 5; 2009 c 518 s 14; 2006 c 247 s 6.]

catchline: Annual survey.


title: RCW 43.365.050

text:
(1) It is the legislature's specific public policy objective to increase the viability of the motion picture and film industry and associated creative industries in Washington state. It is the legislature's intent to increase the credit available under RCW 82.04.4489 in order to attract additional motion picture and film projects, thereby increasing family-wage jobs.
(2) The joint legislative audit and review committee must review and make a recommendation to the fiscal committees of the legislature by December 1, 2026, regarding the effectiveness of the motion picture competitiveness program including, but not limited to, the amount of state revenue generated, the amount and number of family-wage jobs with benefits created, adherence to the criteria in RCW 43.365.020, changes in Washington's share of the film employment market, and any other factors deemed appropriate by the joint legislative audit and review committee.
(3) In order to obtain the data necessary to perform the review in subsection (2) of this section, the joint legislative audit and review committee may refer to tax data provided to the department of revenue and the annual survey required under RCW 43.365.040.
[ 2022 c 270 s 7; 2006 c 247 s 7.]

catchline: Review by joint legislative audit and review committee—Recommendation to legislature.


title: RCW 43.370.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Health care provider" means an individual who holds a license issued by a disciplining authority identified in RCW 18.130.040 and who practices his or her profession in a health care facility or provides a health service.
(2) "Health facility" or "facility" means hospices licensed under chapter 70.127 RCW, hospitals licensed under chapter 70.41 RCW, rural health care facilities as defined in RCW 70.175.020, behavioral health hospitals licensed under chapter 71.12 RCW, nursing homes licensed under chapter 18.51 RCW, community mental health centers licensed under chapter 71.05 or 71.24 RCW, kidney disease treatment centers under chapter 70.38 RCW, ambulatory diagnostic, treatment, or surgical facilities under chapter 70.230 RCW, drug and alcohol treatment facilities licensed under chapter 71.24 RCW, and home health agencies licensed under chapter 70.127 RCW, and includes such facilities if owned and operated by a political subdivision, including a public hospital district, or instrumentality of the state and such other facilities as required by federal law and implementing regulations.
(3) "Health service" or "service" means that service, including primary care service, offered or provided by health care facilities and health care providers relating to the prevention, cure, or treatment of illness, injury, or disease.
(4) "Health service area" means a geographic region appropriate for effective health planning that includes a broad range of health services.
(5) "Office" means the office of financial management.
(6) "Strategy" means the statewide health resources strategy.
[ 2025 c 388 s 2; 2007 c 259 s 50.]
Notes:
Findings—Intent—2025 c 388: See note following RCW 43.370.030.


title: RCW 43.370.020

text:
(1) The office shall serve as a coordinating body for public and private efforts to improve quality in health care, promote cost-effectiveness in health care, and plan health facility and health service availability. In addition, the office shall facilitate access to health care data collected by public and private organizations as needed to conduct its planning responsibilities.
(2) The office shall:
(a) Conduct strategic health planning activities related to the preparation of the strategy, as specified in this chapter;
(b) Develop a computerized system for accessing, analyzing, and disseminating data relevant to strategic health planning responsibilities. The office may contract with an organization to create the computerized system capable of meeting the needs of the office;
(c) Have access to the information submitted as part of the health professional licensing application and renewal process, excluding social security number and background check information, whether the license is issued by the secretary of the department of health or a board or commission. The office shall also have access to information submitted to the department of health as part of the medical or health facility licensing process. Access to and use of all data shall be in accordance with state and federal confidentiality laws and ethical guidelines, and the office shall maintain the same degree of confidentiality as the department of health. For professional licensing information provided to the office, the department of health shall replace any social security number with an alternative identifier capable of linking all licensing records of an individual;
(d) Have access to and use of the data contained in the all-payer claims database and information submitted to the health care authority as part of the annual reporting process;
(e) Have access to and use of other relevant health care authority, department of health, office of the insurance commissioner, health benefit exchange, and department of social and health services data, where doing so would avoid duplicating collection efforts; and
(f) Conduct research and analysis or arrange for research and analysis projects to be conducted by public or private organizations to further the purposes of the strategy.
(3) Access to and use of all data received from other entities shall be in accordance with state and federal confidentiality laws and ethical guidelines, and the office shall maintain the same degree of confidentiality and nondisclosure as the originating entity.
[ 2025 c 388 s 3; 2010 1st sp.s. c 7 s 113; 2009 c 343 s 1; 2007 c 259 s 51.]
Notes:
Findings—Intent—2025 c 388: See note following RCW 43.370.030.
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Office of financial management—Duties.


title: RCW 43.370.030

text:
(1) The office, in coordination with relevant public and private stakeholders, shall update the state health plan by developing a statewide health resources strategy. The strategy shall establish statewide health planning policies and goals related to the availability of health care facilities and services, quality of care, and cost of care. The strategy shall identify needs according to geographic regions suitable for comprehensive health planning as designated by the office.
(2) The development of the strategy shall consider the following general goals and principles:
(a) That excess capacity of health services and facilities place considerable economic burden on the public who pay for the construction and operation of these facilities as patients, health insurance purchasers, carriers, and taxpayers;
(b) That the development and ongoing maintenance of current and accurate health care information and statistics related to cost and quality of health care, as well as projections of need for health facilities and services, are essential to effective strategic health planning; and
(c) That a statewide health resources strategy should take into consideration the principles of health equity.
(3) The strategy, with public input by health service areas, shall include:
(a) A health system assessment and objectives component that:
(i) Describes state and regional population demographics, health status indicators, and trends in health status and health care needs; and
(ii) Identifies key policy objectives for the state health system related to access to care, health outcomes, quality, and cost-effectiveness;
(b) A health care facilities and services plan that shall assess the demand for health care facilities and services to inform state health planning efforts and direct certificate of need determinations, for those facilities and services subject to certificate of need as provided in chapter 70.38 RCW. The plan shall include:
(i) An inventory of each geographic region's existing health care facilities and services;
(ii) Projections of need for each category of health care facility and service, including those subject to certificate of need;
(iii) Policies to guide the addition of new or expanded health care facilities and services to promote the use of quality, evidence-based, cost-effective health care delivery options, including any recommendations for criteria, standards, and methods relevant to the certificate of need review process; and
(iv) An assessment of the availability of health care providers, public health resources, transportation infrastructure, and other considerations necessary to support the needed health care facilities and services in each region;
(c) A health care data resource plan that identifies data elements necessary to properly conduct planning activities and to review certificate of need applications, including data related to inpatient and outpatient utilization and outcomes information, and financial and utilization information related to charity care, quality, and cost. The plan shall inventory existing data resources, both public and private, that store and disclose information relevant to the health planning process, including information necessary to conduct certificate of need activities pursuant to chapter 70.38 RCW. The plan shall identify any deficiencies in the inventory of existing data resources and the data necessary to conduct comprehensive health planning activities. The plan may recommend that the office be authorized to access existing data sources and conduct appropriate analyses of such data or that other agencies expand their data collection activities as statutory authority permits. The plan may identify any computing infrastructure deficiencies that impede the proper storage, transmission, and analysis of health planning data. The plan shall provide recommendations for increasing the availability of data related to health planning to provide greater community involvement in the health planning process and consistency in data used for certificate of need applications and determinations;
(d) An assessment of emerging trends in health care delivery and technology as they relate to access to health care facilities and services, quality of care, and costs of care. The assessment shall recommend any changes to the scope of health care facilities and services covered by the certificate of need program that may be warranted by these emerging trends. In addition, the assessment may recommend any changes to criteria used by the department to review certificate of need applications, as necessary;
(e) A rural health resource plan to assess the availability of health resources in rural areas of the state, assess the unmet needs of these communities, and evaluate how federal and state reimbursement policies can be modified, if necessary, to more efficiently and effectively meet the health care needs of rural communities. The plan shall consider the unique health care needs of rural communities, the adequacy of the rural health workforce, and transportation needs for accessing appropriate care.
(4) The office shall submit a preliminary report outlining its work in developing a state health resources strategy by July 1, 2026. The office shall submit the completed health resources strategy report to the governor and the appropriate committees of the senate and house of representatives by December 31, 2027. The report must include projections and policy recommendations through 2032. Beginning January 1, 2033, the office shall report on strategy updates and implementation every four years.
(5) The office shall hold at least one virtual or hybrid public hearing and allow opportunity to submit written comments prior to the issuance of the preliminary report outlining its work in developing the state health resources strategy and at least one virtual or hybrid public meeting before issuance of the completed health resources strategy report and any updated strategy reports.
[ 2025 c 388 s 4; 2010 1st sp.s. c 7 s 114; 2007 c 259 s 52.]
Notes:
Findings—Intent—2025 c 388: "(1) In 1987, as directed by the state health planning and resources development act, the state health coordinating council released the state health plan, which set forth objectives for the improvement of health status and development of health services in the state. The plan included recommendations on improving the health status of Washingtonians, improving access and quality of care, containing health care cost growth, and planning for long-term care needs.
(2) In 2006, the legislature created the blue ribbon commission on health care costs and access. The commission was tasked with developing a five-year plan for substantially improving access to affordable health care for all Washington residents. In 2007, the legislature enacted several recommendations from the commission including directing the office of financial management to develop a statewide health resources strategy to establish statewide health planning policies and goals related to the availability of health care facilities and services, quality of care, and cost of care. Certificate of need determinations must be consistent with that strategy.
(3) In 2024, the legislature directed the department of health to conduct an analysis of the certificate of need program and report its findings and recommendations for statutory updates by June 30, 2025. Under this determination, the department must, at a minimum, consider other state approaches to certificates of need, impacts on access to care, cost control of health services, and equity, and approaches to identifying health care service needs at the statewide and community levels.
(4) The legislature intends to renew efforts to develop a sustainable state health plan and resource strategy by updating duties assigned to the office of financial management in chapter 43.370 RCW." [ 2025 c 388 s 1.]
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Development and update of strategy—Goals and principles—Required elements—Reports—Public hearings.


title: RCW 43.370.040

text:
The office shall submit the strategy to the department of health to direct its activities related to the certificate of need review program under chapter 70.38 RCW. As the health care facilities and services plan is updated for any specific geographic planning region, the office shall submit that plan to the department of health to direct its activities related to the certificate of need review program under chapter 70.38 RCW. The office shall not issue determinations of the merits of specific project proposals submitted by applicants for certificates of need. The department of health may not adopt rules in response to the strategy issued in 2027.
[ 2025 c 388 s 5; 2007 c 259 s 53.]
Notes:
Findings—Intent—2025 c 388: See note following RCW 43.370.030.

catchline: Department of health—Certificate of need review program.


title: RCW 43.370.050

text:
(1) The office may respond to requests for data and other information from its computerized system for special studies and analysis consistent with requirements for confidentiality of patient, provider, and facility-specific records. The office may require requestors to pay any or all of the reasonable costs associated with such requests that might be approved.
(2) Data elements related to the identification of individual patient's, provider's, and facility's care outcomes are confidential, are exempt from RCW 42.56.030 through 42.56.570 and * 42.17.350 through 42.17.450, and are not subject to discovery by subpoena or admissible as evidence.
[ 2007 c 259 s 54.]
Notes:
*Reviser's note: Chapter 42.17 RCW relating to "campaign finance" was recodified pursuant to 2010 c 204 s 1102, effective January 1, 2012. See Comparative Table for chapter 42.17 RCW in the Table of Disposition of Former RCW Sections.

catchline: Requests for data and other information.


title: RCW 43.370.900

text: See note following RCW 7.70.060.

catchline: Subheadings not law—2007 c 259.


title: RCW 43.371.005

text:
The legislature finds that:
(1) The activities authorized by this chapter will require collaboration among state agencies and local governments that are involved in health care, private health carriers, third-party purchasers, health care providers, and hospitals. These activities will identify strategies to increase the quality and effectiveness of health care delivered in Washington state and are therefore in the best interest of the public.
(2) The benefits of collaboration, together with active state supervision, outweigh potential adverse impacts. Therefore, the legislature intends to exempt from state antitrust laws, and provide immunity through the state action doctrine from federal antitrust laws, activities that are undertaken, reviewed, and approved by the authority pursuant to this chapter that might otherwise be constrained by such laws. The legislature does not intend and does not authorize any person or entity to engage in activities not provided for by this chapter, and the legislature neither exempts nor provides immunity for such activities including, but not limited to, agreements among competing providers or carriers to set prices or specific levels of reimbursement for health care services.
[ 2019 c 319 s 1; 2014 c 223 s 9.]
Notes:
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Findings.


title: RCW 43.371.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the health care authority.
(2) "Carrier" and "health carrier" have the same meaning as in RCW 48.43.005.
(3) "Claims data" means the data required by RCW 43.371.030 to be submitted to the database, including billed, allowed and paid amounts, and such additional information as defined by the director in rule.
(4) "Data supplier" means: (a) A carrier, third-party administrator, or a public program identified in RCW 43.371.030 that provides claims data; and (b) a carrier or any other entity that provides claims data to the database at the request of an employer-sponsored self-funded health plan or Taft-Hartley trust health plan pursuant to RCW 43.371.030(1).
(5) "Data vendor" means an entity contracted to perform data collection, processing, aggregation, extracts, analytics, and reporting.
(6) "Database" means the statewide all-payer health care claims database established in RCW 43.371.020.
(7) "Direct patient identifier" means a data variable that directly identifies an individual, including: Names; telephone numbers; fax numbers; social security number; medical record numbers; health plan beneficiary numbers; account numbers; certificate or license numbers; vehicle identifiers and serial numbers, including license plate numbers; device identifiers and serial numbers; web universal resource locators; internet protocol address numbers; biometric identifiers, including finger and voice prints; and full face photographic images and any comparable images.
(8) "Director" means the director of the authority.
(9) "Indirect patient identifier" means a data variable that may identify an individual when combined with other information.
(10) "Lead organization" means the organization selected under RCW 43.371.020.
(11) "Office" means the office of financial management.
(12) "Unique identifier" means an obfuscated identifier assigned to an individual represented in the database to establish a basis for following the individual longitudinally throughout different payers and encounters in the data without revealing the individual's identity.
[ 2025 c 305 s 1; 2019 c 319 s 2. Prior: 2015 c 246 s 1; 2014 c 223 s 8.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: "Sections 1 and 3 through 7 of this act take effect July 1, 2026." [ 2025 c 305 s 9.]
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Definitions.


title: RCW 43.371.020

text:
(1) The office shall establish a statewide all-payer health care claims database. On January 1, 2020, the office must transfer authority and oversight for the database to the authority. The office and authority must develop a transition plan that sustains operations by July 1, 2019. The database shall support transparent public reporting of health care information. The database must improve transparency to: Assist patients, providers, and hospitals to make informed choices about care; enable providers, hospitals, and communities to improve by benchmarking their performance against that of others by focusing on best practices; enable purchasers, providers, hospitals, carriers, and statewide associations representing providers, hospitals, or carriers to identify value, build expectations into their purchasing strategy, and reward improvements over time; and promote competition based on quality and cost. The database must systematically collect all medical claims and pharmacy claims from private and public payers, with data from all settings of care that permit the systematic analysis of health care delivery.
(2) The authority may act as the lead organization, or select a lead organization from among the best potential bidders using a competitive procurement process, in accordance with chapter 39.26 RCW, to coordinate and manage the database.
(a)(i) In conducting the competitive procurement, the authority must ensure that no state officer or state employee participating in the procurement process:
(A) Has a current relationship or had a relationship within the last three years with any organization that bids on the procurement that would constitute a conflict with the proper discharge of official duties under chapter 42.52 RCW; or
(B) Is a compensated or uncompensated member of a bidding organization's board of directors, advisory committee, or has held such a position in the past three years.
(ii) If any relationship or interest described in (a)(i) of this subsection is discovered during the procurement process, the officer or employee with the prohibited relationship must withdraw from involvement in the procurement process.
(b) Due to the complexities of the all-payer claims database and the unique privacy, quality, and financial objectives, the authority must give strong consideration to the following elements in determining the appropriate lead organization contractor: (i) The organization's degree of experience in health care data collection, analysis, analytics, and security; (ii) whether the organization has a long-term self-sustainable financial model; (iii) the organization's experience in convening and effectively engaging stakeholders to develop reports, especially among groups of health providers, carriers, and self-insured purchasers; (iv) the organization's experience in meeting budget and timelines for report generations; and (v) the organization's ability to combine cost and quality data to assess total cost of care.
(c) The successful lead organization must apply to be certified as a qualified entity pursuant to 42 C.F.R. Sec. 401.703(a) by the centers for medicare and medicaid services.
(d) The authority may not select a lead organization that:
(i) Is a health plan as defined by and consistent with the definitions in RCW 48.43.005;
(ii) Is a hospital as defined in RCW 70.41.020;
(iii) Is a provider regulated under Title 18 RCW;
(iv) Is a third-party administrator as defined in RCW 70.290.010; or
(v) Is an entity with a controlling interest in any entity covered in (d)(i) through (iv) of this subsection.
(3) As part of the competitive procurement process referenced in subsection (2) of this section, the lead organization shall enter into a contract with a data vendor or multiple data vendors to perform data collection, processing, aggregation, extracts, and analytics. A data vendor must:
(a) Establish a secure data submission process with data suppliers;
(b) Review data submitters' files according to standards established by the authority;
(c) Assess each record's alignment with established format, frequency, and consistency criteria;
(d) Maintain responsibility for quality assurance, including, but not limited to: (i) The accuracy and validity of data suppliers' data; (ii) accuracy of dates of service spans; (iii) maintaining consistency of record layout and counts; and (iv) identifying duplicate records;
(e) Assign unique identifiers, as defined in RCW 43.371.010, to individuals represented in the database;
(f) Ensure that direct patient identifiers and indirect patient identifiers are released only in compliance with the terms of this chapter;
(g) Demonstrate internal controls and affiliations with separate organizations as appropriate to ensure safe data collection, security of the data with state of the art encryption methods, actuarial support, and data review for accuracy and quality assurance;
(h) Store data on secure servers that are compliant with the federal health insurance portability and accountability act and regulations, with access to the data strictly controlled and limited to staff with appropriate training, clearance, and background checks; and
(i) Maintain state of the art security standards for transferring data to approved data requestors.
(4) The lead organization and data vendor must submit detailed descriptions to Washington technology solutions to ensure robust security methods are in place. Washington technology solutions must report its findings to the authority and the appropriate committees of the legislature.
(5) The lead organization is responsible for internal governance, management, funding, and operations of the database. At the direction of the authority, the lead organization shall work with the data vendor to:
(a) Collect claims data from data suppliers as provided in RCW 43.371.030;
(b) Design data collection mechanisms with consideration for the time and cost incurred by data suppliers and others in submission and collection and the benefits that measurement would achieve, ensuring the data submitted meet quality standards and are reviewed for quality assurance;
(c) Ensure protection of collected data and store and use any data in a manner that protects patient privacy and complies with this section. All patient-specific information must be deidentified with an up-to-date industry standard encryption algorithm;
(d) Consistent with the requirements of this chapter, make information from the database available as a resource for public and private entities, including carriers, employers, providers, hospitals, and purchasers of health care;
(e) Report performance on cost and quality pursuant to RCW 43.371.060 using, but not limited to, the performance measures developed under RCW 41.05.690;
(f) Develop protocols and policies, including prerelease peer review by data suppliers, to ensure the quality of data releases and reports;
(g) Develop a plan for the financial sustainability of the database as may be reasonable and customary as compared to other states' databases and charge fees for reports and data files as needed to fund the database. Any fees must be approved by the authority and should be comparable, accounting for relevant differences across data requests and uses. The lead organization may not charge providers or data suppliers fees other than fees directly related to requested reports and data files; and
(h) Convene advisory committees with the approval and participation of the authority, including: (i) A committee on data policy development; and (ii) a committee to establish a data release process consistent with the requirements of this chapter and to provide advice regarding formal data release requests. The advisory committees must include in-state representation from key provider, hospital, public health, health maintenance organization, large and small private purchasers, consumer organizations, and the two largest carriers supplying claims data to the database.
(6) The lead organization governance structure and advisory committees for this database must include representation of the third-party administrator of the uniform medical plan. A payer, health maintenance organization, or third-party administrator must be a data supplier to the all-payer health care claims database to be represented on the lead organization governance structure or advisory committees.
[ 2025 c 305 s 3; (2025 c 305 s 2 expired July 1, 2026); 2024 c 54 s 54; 2019 c 319 s 3; 2015 c 246 s 2; 2014 c 223 s 10.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: See note following RCW 43.371.010.
Transfer of powers, duties, and functions from the office of financial management to the health care authority—2019 c 319: "(1) The powers, duties, and functions of the office of financial management provided in chapter 43.371 RCW, except as otherwise specified in this act, are transferred to the health care authority.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material necessary for the health care authority to carry out the powers, duties, and functions in chapter 43.371 RCW being transferred from the office of financial management to the health care authority and that are in the possession of the office of financial management must be delivered to the custody of the health care authority. All funds or credits of the office of financial management that are solely for the purposes of fulfilling the powers, duties, and functions in chapter 43.371 RCW shall be assigned to the health care authority.
(b) Any specific appropriations made to the office of financial management for the sole purpose of fulfilling the duties, powers, and functions in chapter 43.371 RCW must, on May 8, 2019, be transferred and credited to the health care authority.
(c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management must make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and pending business before the office of financial management specifically related to its powers, duties, and functions in chapter 43.371 RCW that are being transferred to the health care authority shall be continued and acted upon by the health care authority. All existing contracts and obligations remain in full force and must be performed by the health care authority.
(4) The transfer of the powers, duties, and functions of the office of financial management does not affect the validity of any act performed before May 8, 2019.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these must make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification." [ 2019 c 319 s 11.]
Effective date—2019 c 319: "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 [May 8, 2019]." [ 2019 c 319 s 13.]
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Statewide all-payer health care claims database—Selection and duties of lead organization—Certification as qualified entity pursuant to 42 C.F.R. Sec. 401.703(a)—Contract with data vendor.


title: RCW 43.371.030

text:
(1) The state medicaid program, public employees' benefits board programs, school employees' benefits board programs beginning July 1, 2020, all health carriers operating in this state, all third-party administrators paying claims on behalf of health plans in this state, and the state labor and industries program must submit claims data to the database within the time frames established by the director in rule and in accordance with procedures established by the lead organization. The director may expand this requirement by rule to include any health plans or health benefit plans defined in *RCW 48.43.005(26) (a) through (i) to accomplish the goals of this chapter set forth in RCW 43.371.020(1). Employer-sponsored self-funded health plans and Taft-Hartley trust health plans may voluntarily provide claims data to the database within the time frames and in accordance with procedures established by the lead organization.
(2) Any data supplier used by an entity that voluntarily participates in the database must provide claims data to the data vendor upon request of the entity.
(3) The lead organization shall submit an annual status report to the authority regarding compliance with this section.
[ 2019 c 319 s 4; 2015 c 246 s 3; 2014 c 223 s 11.]
Notes:
*Reviser's note: RCW 48.43.005 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (26) to subsection (27), and effective January 1, 2020, changing subsection (26) to subsection (29). RCW 48.43.005 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (29) to subsection (31). Subsequently, RCW 48.43.005 was amended by 2024 c 218 s 1, changing subsection (31) to subsection (33).
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Submission of claims data to database—Annual status report.


title: RCW 43.371.040

text:
(1) The claims data provided to the database, the database itself, including the data compilation, and any raw data received from the database are not public records and are exempt from public disclosure under chapter 42.56 RCW.
(2) Claims data obtained, distributed, or reported in the course of activities undertaken pursuant to or supported under this chapter are not subject to subpoena or similar compulsory process in any civil or criminal, judicial, or administrative proceeding, nor may any individual or organization with lawful access to data under this chapter be compelled to provide such information pursuant to subpoena or testify with regard to such data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this chapter.
[ 2015 c 246 s 4; 2014 c 223 s 12.]
Notes:
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Claims data and database—Exempt from public disclosure—Not subject to subpoena or compulsory process.


title: RCW 43.371.050

text:
(1) Except as otherwise required by law, claims or other data from the database shall only be available for retrieval in processed form to public and private requesters pursuant to this section and shall be made available within a reasonable time after the request. Each request for claims data must include, at a minimum, the following information:
(a) The identity of any entities that will analyze the data in connection with the request;
(b) The stated purpose of the request and an explanation of how the request supports the goals of this chapter set forth in RCW 43.371.020(1);
(c) A description of the proposed methodology;
(d) The specific variables requested and an explanation of how the data is necessary to achieve the stated purpose described pursuant to (b) of this subsection;
(e) How the requester will ensure all requested data is handled in accordance with the privacy and confidentiality protections required under this chapter and any other applicable law;
(f) The method by which the data will be destroyed at the conclusion of the data use agreement;
(g) The protections that will be utilized to keep the data from being used for any purposes not authorized by the requester's approved application; and
(h) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers or indirect patient identifiers adopted under RCW 43.371.070(1).
(2) The lead organization may decline a request that does not include the information set forth in subsection (1) of this section that does not meet the criteria established by the lead organization's data release advisory committee, or for reasons established by rule.
(3) Except as otherwise required by law, the authority shall direct the lead organization and the data vendor to maintain the confidentiality of claims or other data it collects for the database that include direct patient identifiers, indirect patient identifiers, or any combination thereof. Any entity that receives claims or other data must also maintain confidentiality, including by agreeing to not reidentify any deidentified patient information, and may only release such claims data or any part of the claims data if:
(a) The claims data does not contain direct patient identifiers, indirect patient identifiers, or any combination thereof; and
(b) The release is described and approved as part of the request in subsection (1) of this section.
(4) The lead organization shall, in conjunction with the authority and the data vendor, create and implement a process to govern levels of access to and use of data from the database consistent with the following:
(a) Claims or other data that include direct patient identifiers, indirect patient identifiers, unique identifiers, or any combination thereof may be released only to the extent such information is necessary to achieve the goals of this chapter set forth in RCW 43.371.020(1) to researchers with approval of an institutional review board upon receipt of a signed data use and confidentiality agreement with the lead organization. A researcher or research organization that obtains claims data pursuant to this subsection must agree in writing not to disclose such data or parts of the data set to any other party, including affiliated entities, and must consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers or indirect patient identifiers adopted under RCW 43.371.070(1).
(b) Claims or other data that do not contain direct patient identifiers, but that may contain indirect patient identifiers, unique identifiers, or any combination thereof may be released to:
(i) Federal, state, tribal, and local government agencies upon receipt of a signed data use agreement with the authority and the lead organization;
(ii) Providers who practice a profession identified in RCW 18.130.040, hospitals licensed under chapter 70.41 or 71.12 RCW, carriers licensed under chapter 48.43 or 41.05 RCW, managed care organizations, and statewide associations representing hospitals, carriers, or providers upon receipt of a signed data use agreement with the authority and the lead organization. For entities within this class, the following purposes support the goals of this chapter set forth in RCW 43.371.020(1):
(A) Promoting informed choices and understanding of health care access, quality, or affordability, including related barriers;
(B) Benchmarking value and efficiency against that of others;
(C) Validating and assessing third-party analysis and reports based on claims data; and
(D) Performing quality improvement activities;
(iii) Any entity when functioning as the lead organization under the terms of this chapter;
(iv) The Washington health benefit exchange established under chapter 43.71 RCW, upon receipt of a signed data use agreement with the authority and the lead organization as directed by rules adopted under this chapter; and
(v) Agencies, researchers, and other entities as approved by the lead organization upon receipt of a signed data use agreement with the authority and the lead organization.
(c) Claims or other data that do not contain direct patient identifiers, indirect patient identifiers, or any combination thereof may be released upon request.
(5) Reports utilizing data obtained under this section may not contain direct patient identifiers, indirect patient identifiers, or any combination thereof. Nothing in this subsection (5) may be construed to prohibit the use of geographic areas with a sufficient population size or aggregate gender, age, medical condition, or other characteristics in the generation of reports, so long as they cannot lead to the identification of an individual.
(6) Recipients of claims or other data under subsection (4) of this section must agree in a data use agreement or a confidentiality agreement to, at a minimum:
(a) Take steps to protect data containing direct patient identifiers, indirect patient identifiers, or any combination thereof as described in the agreement;
(b) Not redisclose the claims data except pursuant to subsection (3) of this section;
(c) Not attempt to determine the identity of any person whose information is included in the data set or use the claims or other data in any manner that identifies any individual or their family or attempt to locate information associated with a specific individual;
(d) Destroy claims data at the conclusion of the data use agreement; and
(e) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers or indirect patient identifiers adopted under RCW 43.371.070(1).
[ 2025 c 305 s 4; 2019 c 319 s 5; 2015 c 246 s 5; 2014 c 223 s 13.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: See note following RCW 43.371.010.
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Availability of claims or data for retrieval—Confidentiality of claims or data—Duties of the lead organization and the data vendor.


title: RCW 43.371.060

text:
(1)(a) Under the supervision of and through contract with the authority, the lead organization shall prepare health care data reports using the database and the statewide health performance and quality measure set. Prior to the lead organization releasing any health care data reports that use claims data, the lead organization must submit the reports to the authority for review.
(b) By October 31st of each year, the lead organization shall submit to the director a list of reports it anticipates producing during the following calendar year. The director may establish a public comment period not to exceed thirty days, and shall submit the list and any comment to the appropriate committees of the legislature for review.
(2)(a) Health care data reports that use claims data prepared by the lead organization for the legislature and the public should promote awareness and transparency in the health care market by reporting on:
(i) Whether providers and health systems deliver efficient, high quality care; and
(ii) Geographic and other variations in medical care and costs as demonstrated by data available to the lead organization.
(b) Measures in the health care data reports should be stratified by demography, income, language, health status, and geography when feasible with available data to identify disparities in care and successful efforts to reduce disparities.
(c) Comparisons of costs among providers and health care systems must account for differences in the case mix and severity of illness of patients and populations, as appropriate and feasible, and must take into consideration the cost impact of subsidization for uninsured and government-sponsored patients, as well as teaching expenses, when feasible with available data.
(3) The lead organization may not publish any data or health care data reports that:
(a) Directly or indirectly identify individual patients;
(b) Compare performance in a report generated for the general public that includes any provider in a practice with fewer than four providers; or
(c) Contain medicaid data that is in direct conflict with the biannual medicaid forecast.
(4) The lead organization may not release a report that compares and identifies providers, hospitals, or data suppliers unless:
(a) It allows the data supplier, the hospital, or the provider to verify the accuracy of the information submitted to the data vendor, comment on the reasonableness of conclusions reached, and submit to the lead organization and data vendor any corrections of errors with supporting evidence and comments within thirty days of receipt of the report;
(b) It corrects data found to be in error within a reasonable amount of time; and
(c) The report otherwise complies with this chapter.
(5) The authority and the lead organization may use claims data to identify and make available information on payers, providers, and facilities, but may not use claims data to recommend or incentivize direct contracting between providers and employers.
(6) The lead organization shall make information about claims data related to the provision of air ambulance service available on a website that is accessible to the public in a searchable format by geographic region, provider, and other relevant information.
(7)(a) The lead organization shall distinguish in advance to the authority when it is operating in its capacity as the lead organization and when it is operating in its capacity as a private entity. Where the lead organization acts in its capacity as a private entity, it may only access data pursuant to RCW 43.371.050(4) (b)(v) or (c).
(b) Except as provided in RCW 43.371.050(4), claims or other data that contain direct patient identifiers must remain exclusively in the custody of the data vendor and may not be accessed by the lead organization.
[ 2025 c 305 s 5; 2020 c 131 s 1; 2019 c 319 s 6; 2015 c 246 s 6; 2014 c 223 s 14.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: See note following RCW 43.371.010.
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Health care data reports—Public comment period—Preparation—Contents—Publication or release of reports.


title: RCW 43.371.070

text:
(1) The director shall adopt any rules necessary to implement this chapter, including:
(a) Definitions of claim and data files that data suppliers must submit to the database, including: Files for covered medical services, pharmacy claims, and dental claims; member eligibility and enrollment data; and provider data with necessary identifiers;
(b) Deadlines for submission of claim files;
(c) Penalties for failure to submit claim files as required;
(d) Procedures for ensuring that all data received from data suppliers are securely collected and stored in compliance with state and federal law;
(e) Procedures for ensuring compliance with state and federal privacy laws;
(f) Procedures for establishing appropriate fees;
(g) Procedures for data release;
(h) Penalties associated with the inappropriate disclosures or uses of direct patient identifiers and indirect patient identifiers; and
(i) A minimum reporting threshold below which a data supplier is not required to submit data.
(2) The director may not adopt rules, policies, or procedures beyond the authority granted in this chapter.
[ 2025 c 305 s 6; 2019 c 319 s 7; 2015 c 246 s 7; 2014 c 223 s 15.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: See note following RCW 43.371.010.
Effective date—2019 c 319: See note following RCW 43.371.020.
Finding—2014 c 223: See note following RCW 41.05.690.

catchline: Rules.


title: RCW 43.371.080

text:
(1) The authority shall report every two years to the appropriate committees of the legislature regarding the cost, performance, and effectiveness of the database and the performance of the lead organization under its contract with the authority. Using independent economic expertise, subject to appropriation, the report must evaluate whether the database has advanced the goals set forth in RCW 43.371.020(1), as well as the performance of the lead organization. The report must also make recommendations regarding but not limited to how the database can be improved, whether the contract for the lead organization should be modified, renewed, or terminated, and the impact the database has had on competition between and among providers, purchasers, and payers.
(2) The authority shall annually report to the appropriate committees of the legislature regarding any additional grants received or extended.
[ 2019 c 319 s 8; 2015 c 246 s 8.]
Notes:
Effective date—2019 c 319: See note following RCW 43.371.020.

catchline: Cost, performance, and effectiveness of database and performance of lead organization—Reports to the legislature.


title: RCW 43.371.090

text:
(1) To ensure the database is meeting the needs of state agencies and other data users, the authority shall convene a state agency coordinating structure, consisting of state agencies with related data needs and the Washington health benefit exchange to ensure effectiveness of the database and the agencies' programs. The coordinating structure must collaborate in a private/public manner with the lead organization and other partners key to the broader success of the database. The coordinating structure shall advise the authority and lead organization on the development of any database policies and rules relevant to agency data needs.
(2) The office must participate as a key part of the coordinating structure and evaluate progress towards meeting the goals of the database, and, as necessary, recommend strategies for maintaining and promoting the progress of the database in meeting the intent of this section, and report its findings every five years to the governor and the legislature. The authority shall facilitate the office obtaining the information needed to complete the report in a manner that is efficient and not overly burdensome for the parties. The authority must provide the office with access to database processes, procedures, nonproprietary methodologies, and outcomes to conduct the review and issue the five-year report. The five-year review shall assess, at a minimum the following:
(a) The list of approved agency use case projects and related data requirements under RCW 43.371.050(4);
(b) Successful and unsuccessful data requests and outcomes related to agency and nonagency health researchers pursuant to RCW 43.371.050(4);
(c) Online data portal access and effectiveness related to research requests and data provider review and reconsideration;
(d) Adequacy of data security and policy consistent with the policy of Washington technology solutions; and
(e) Timeliness, adequacy, and responsiveness of the database with regard to requests made under RCW 43.371.050(4) and for potential improvements in data sharing, data processing, and communication.
(3) To promote the goal of improving health outcomes through better cost and quality information, the authority, in consultation with the agency coordinating structure, the office, lead organization, and data vendor shall make recommendations to the Washington state performance measurement coordinating committee as necessary to improve the effectiveness of the state common measure set as adopted under RCW 70.320.030.
[ 2025 c 305 s 7; 2024 c 54 s 50; 2019 c 319 s 9.]
Notes:
Effective date—2025 c 305 ss 1 and 3-7: See note following RCW 43.371.010.
Effective date—2019 c 319: See note following RCW 43.371.020.

catchline: State agency coordinating structure—Review—Recommendations.