title: RCW 43.71A.900

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2018].
[ 2018 c 161 s 6.]

catchline: Effective date—2018 c 161.


doc_type: statute

jurisdiction: wa

title: RCW 43.71B.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advisory council" means the governor's Indian health advisory council established in RCW 43.71B.020.
(2) "Advisory plan" means the plan described in RCW 43.71B.030.
(3) "American Indian" or "Alaska Native" means any individual who is: (a) A member of a federally recognized tribe; or (b) eligible for the Indian health service.
(4) "Authority" means the health care authority.
(5) "Board" means the northwest Portland area Indian health board, an Oregon nonprofit corporation wholly controlled by the tribes in the states of Idaho, Oregon, and Washington.
(6) "Commission" means the American Indian health commission for Washington state, a Washington nonprofit corporation wholly controlled by the tribes and urban Indian organizations in the state.
(7) "Community health aide" means a tribal community health provider certified by a community health aide program of the Indian health service or one or more tribes or tribal organizations consistent with the provisions of 25 U.S.C. Sec. 1616l, who can perform a wide range of duties within the provider's scope of certified practice in health programs of a tribe, tribal organization, Indian health service facility, or urban Indian organization to improve access to culturally appropriate, quality care for American Indians and Alaska Natives and their families and communities, including but not limited to community health aides, community health practitioners, behavioral health aides, behavioral health practitioners, dental health aides, and dental health aide therapists.
(8) "Community health aide program" means a community health aide certification board for the state consistent with 25 U.S.C. Sec. 1616l and the training programs and certification requirements established thereunder.
(9) "Fee-for-service" means the state's medicaid program for which payments are made under the state plan, without a managed care entity, in accordance with the fee-for-service payment methodology.
(10) "Historical trauma" means situations where a community experienced traumatic events, the events generated high levels of collective distress, and the events were perpetuated by outsiders with a destructive or genocidal intent.
(11) "Indian health care provider" means a health care program operated by the Indian health service or by a tribe, tribal organization, or urban Indian organization as those terms are defined in 25 U.S.C. Sec. 1603.
(12) "Indian health service" means the federal agency within the United States department of health and human services.
(13) "New state savings" means the savings to the state general fund that are achieved as a result of the centers for medicare and medicaid services state health official letter 16-002 and related guidance, calculated as the difference between (a) medicaid payments received from the centers for medicare and medicaid services based on the one hundred percent federal medical assistance percentage; and (b) medicaid payments received from the centers for medicare and medicaid services based on the federal medical assistance percentage that would apply in the absence of state health official letter 16-002 and related guidance.
(14) "Reinvestment account" means the Indian health improvement reinvestment account created in RCW 43.71B.040.
(15) "Reinvestment committee" means the Indian health improvement reinvestment committee established in RCW 43.71B.020(4).
(16) "Tribal organization" has the meaning set forth in 25 U.S.C. Sec. 5304.
(17) "Tribally operated facility" means a health care facility operated by one or more tribes or tribal organizations to provide specialty services, including but not limited to evaluation and treatment services, secure detox services, inpatient psychiatric services, nursing home services, and residential substance use disorder services.
(18) "Tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native claims settlement act (43 U.S.C. Sec. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(19) "Urban Indian" means any individual who resides in an urban center and is: (a) A member of a tribe terminated since 1940 and those tribes recognized now or in the future by the state in which they reside, or who is a descendant, in the first or second degree, of any such member; (b) an Eskimo or Aleut or other Alaska Native; (c) considered by the secretary of the interior to be an Indian for any purpose; or (d) considered by the United States secretary of health and human services to be an Indian for purposes of eligibility for Indian health services, including as a California Indian, Eskimo, Aleut, or other Alaska Native.
(20) "Urban Indian organization" means an urban Indian organization, as defined by 25 U.S.C. Sec. 1603.
[ 2020 c 256 s 102; 2019 c 282 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Definitions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.71B.020

text:
(1) The governor's Indian health advisory council is established, consisting of:
(a) The following voting members:
(i) One representative from each tribe, designated by the tribal council, who is either the tribe's commission delegate or an individual specifically designated for this role, or his or her designee;
(ii) The chief executive officer of each urban Indian organization, or the urban Indian organization's commission delegate if applicable, or his or her designee;
(iii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(iv) One member from each of the two largest caucuses of the senate, appointed by the president of the senate; and
(v) One member representing the governor's office; and
(b) The following nonvoting members:
(i) One member of the executive leadership team from each of the following state agencies: The authority; the department of children, youth, and families; the department of commerce; the department of corrections; the department of health; the department of social and health services; the office of the insurance commissioner; the office of the superintendent of public instruction; and the Washington health benefit exchange;
(ii) The chief operating officer of each Indian health service area office and service unit, or his or her designee;
(iii) The executive director of the commission, or his or her designee; and
(iv) The executive director of the board, or his or her designee.
(2) The advisory council shall meet at least three times per year when the legislature is not in session, in a forum that offers both in-person and remote participation where everyone can hear and be heard.
(3) The advisory council has the responsibility to:
(a) Adopt the biennial Indian health improvement advisory plan prepared and amended by the reinvestment committee as described in RCW 43.71B.030 no later than November 1st of each odd-numbered year;
(b) Address current or proposed policies or actions that have tribal implications and are not able to be resolved or addressed at the agency level;
(c) Facilitate better understanding among advisory council members and their support staff of the Indian health system, American Indian and Alaska Native health disparities and historical trauma, and tribal sovereignty and self-governance;
(d) Provide oversight of contracting and performance of service coordination organizations or service contracting entities as defined in RCW 70.320.010 in order to address their impacts on services to American Indians and Alaska Natives and relationships with Indian health care providers; and
(e) Provide oversight of the Indian health improvement reinvestment account created in RCW 43.71B.040, ensuring that amounts expended from the reinvestment account are consistent with the advisory plan adopted under RCW 43.71B.030.
(4) The reinvestment committee of the advisory council is established, consisting of the following members of the advisory council:
(a) With voting rights on the reinvestment committee, every advisory council member who represents a tribe or an urban Indian organization; and
(b) With nonvoting rights on the reinvestment committee, every advisory council member who represents a state agency, the Indian health service area office or a service unit, the commission, and the board.
(5) The advisory council may appoint technical advisory committees, which may include members of the advisory council, as needed to address specific issues and concerns.
(6) The authority, in conjunction with the represented state agencies on the advisory council, shall supply such information and assistance as are deemed necessary for the advisory council and its committees to carry out its duties under this section.
(7) The authority shall provide (a) administrative and clerical assistance to the advisory council and its committees and (b) technical assistance with the assistance of the commission.
(8) The advisory council meetings, reports and recommendations, and other forms of collaboration described in this chapter support the tribal consultation process but are not a substitute for the requirements for state agencies to conduct consultation or maintain government-to-government relationships with tribes under federal and state law.
[ 2019 c 282 s 3.]

catchline: Indian health advisory council—Duties—Reinvestment committee—Role of health care authority.


title: RCW 43.71B.030

text:
(1) With assistance from the authority, the commission, and other member entities of the advisory council, the reinvestment committee of the advisory council shall prepare and amend from time to time a biennial Indian health improvement advisory plan to:
(a) Develop programs directed at raising the health status of American Indians and Alaska Natives and reducing the health inequities that these communities experience; or
(b) Help the state, the Indian health service, tribes, and urban Indian organizations, statewide or in regions, improve delivery systems for American Indians and Alaska Natives by increasing access to care, strengthening continuity of care, and improving population health through investments in capacity and infrastructure.
(2) The advisory plan shall include the following:
(a) An assessment of Indian health and Indian health care in the state;
(b) Specific recommendations for programs, projects, or activities, along with recommended reinvestment account expenditure amounts and priorities for expenditures, for the next two state fiscal bienniums. The programs, projects, and activities may include but are not limited to:
(i) The creation and expansion of facilities operated by Indian health services, tribes, and urban Indian health programs providing evaluation, treatment, and recovery services for opioid use disorder, other substance use disorders, mental illness, or specialty care;
(ii) Improvement in access to, and utilization of, culturally appropriate primary care, mental health, and substance use disorder and recovery services;
(iii) The elimination of barriers to, and maximization of, federal funding of substance use disorder and mental health services under the programs established in chapter 74.09 RCW;
(iv) Increased availability of, and identification of barriers to, crisis and related services established in chapter 71.05 RCW, with recommendations to increase access including, but not limited to, involuntary commitment orders, designated crisis responders, and discharge planning;
(v) Increased access to quality, culturally appropriate, trauma-informed specialty services, including adult and pediatric psychiatric services, medication consultation, and addiction or geriatric psychiatry;
(vi) A third-party administrative entity to provide, arrange, and make payment for services for American Indians and Alaska Natives;
(vii) Expansion of suicide prevention services, including culture-based programming, to instill and fortify cultural practices as a protective factor;
(viii) Expansion of traditional healing services;
(ix) Development of a community health aide program, including a community health aide certification board for the state consistent with 25 U.S.C. Sec. 1616l, and support for community health aide services;
(x) Health information technology capability within tribes and urban Indian organizations to assure the technological capacity to: (A) Produce sound evidence for Indian health care provider best practices; (B) effectively coordinate care between Indian health care providers and non-Indian health care providers; (C) provide interoperability with state claims and reportable data systems, such as for immunizations and reportable conditions; and (D) support patient-centered medical home models, including sufficient resources to purchase and implement certified electronic health record systems, such as hardware, software, training, and staffing;
(xi) Support for care coordination by tribes and other Indian health care providers to mitigate barriers to access to care for American Indians and Alaska Natives, with duties to include without limitation: (A) Follow-up of referred appointments; (B) routine follow-up care for management of chronic disease; (C) transportation; and (D) increasing patient understanding of provider instructions;
(xii) Expanded support for tribal and urban Indian epidemiology centers to create a system of epidemiological analysis that meets the needs of the state's American Indian and Alaska Native population; and
(xiii) Other health care services and public health services that contribute to reducing health inequities for American Indians and Alaska Natives in the state and increasing access to quality, culturally appropriate health care for American Indians and Alaska Natives in the state; and
(c) Review of how programs, projects, or activities that have received investments from the reinvestment account have or have not achieved the objectives and why.
[ 2019 c 282 s 4.]

catchline: Indian health improvement advisory plan.


title: RCW 43.71B.040

text:
(1) The Indian health improvement reinvestment account is created in the custody of the state treasurer. All receipts from new state savings as defined in RCW 43.71B.010 and any other moneys appropriated to the account must be deposited into the account. Expenditures from the account may be used only for projects, programs, and activities authorized by RCW 43.71B.030. Only the director of the authority or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) Beginning November 1, 2019, the new state savings as defined in RCW 43.71B.010, less the state's administrative costs as agreed upon by the state and the reinvestment committee, shall be deposited into the reinvestment account. With advice from the advisory council, the authority shall develop a report and methodology to identify and track the new state savings. Each fall, to assure alignment with existing budget processes, the methodology selected shall involve the same forecasting procedures that inform the authority's medical assistance and behavioral health appropriations to prospectively identify new state savings each fiscal year, as defined in RCW 43.71B.010.
(3) The authority shall pursue new state savings for medicaid managed care premiums on an actuarial basis and in consultation with tribes.
[ 2019 c 282 s 5.]

catchline: Indian health improvement reinvestment account.


title: RCW 43.71B.900

text:
This chapter may be known and cited as the "Washington Indian health improvement act."
[ 2019 c 282 s 6.]

catchline: Short title.


title: RCW 43.71B.901

text:
(1) The legislature finds that:
(a) As set forth in 25 U.S.C. Sec. 1602, it is the policy of the nation, in fulfillment of its special trust responsibilities and legal obligations to American Indians and Alaska Natives, to:
(i) Ensure the highest possible health status for American Indians and Alaska Natives and to provide all resources necessary to effect that policy;
(ii) Raise the health status of American Indians and Alaska Natives to at least the levels set forth in the goals contained within the healthy people 2020 initiative or successor objectives; and
(iii) Ensure tribal self-determination and maximum participation by American Indians and Alaska Natives in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of tribes and American Indian and Alaska Native communities;
(b) According to the northwest tribal epidemiology center and the department of health, American Indians and Alaska Natives in the state experience some of the greatest health disparities compared to other groups, including:
(i) Disproportionately high rates of premature mortality due to chronic diseases and unintentional injury;
(ii) Disproportionately high rates of asthma, coronary heart disease, hypertension, diabetes, prediabetes, obesity, dental caries, poor mental health, youth depressive feelings, cigarette smoking and vaping, and cannabis use;
(iii) A drug overdose death rate in 2016 in this state that is three times higher than the national American Indian and Alaska Native rate and has increased thirty-six percent since 2012 and almost three hundred percent since 2000 in contrast to a relatively stable rate for the state overall population. Over seventy-two percent of these overdose deaths involved an opioid;
(iv) A suicide mortality rate in this state that is more than one and four-fifths times higher than the rate for non-American Indians and Alaska Natives. Since 2001, the suicide mortality rate for American Indians and Alaska Natives in this state has increased by fifty-eight percent which is more than three times the rate of increase among non-American Indians and Alaska Natives. Nationally, the highest suicide rates among American Indians and Alaska Natives are for adolescents and young adults, while rates among non-Hispanic whites are highest in older age groups, suggesting that different risk factors might contribute to suicide in these groups; and
(v) A rate of exposure to significant adverse childhood experiences between 2009 and 2011 that is nearly twice the rate of non-Hispanic whites;
(c) These health disparities are a direct result of both historical trauma, leading to adverse childhood experiences across multiple generations, and inadequate levels of federal funding to the Indian health service;
(d) Under a 2016 update in payment policy from the centers for medicare and medicaid services, the state has the opportunity to shift more of the cost of care for American Indian and Alaska Native medicaid enrollees from the state general fund to the federal government if all of the federal requirements are met;
(e) Because the federal requirements to achieve this cost shift and obtain the new federal funds place significant administrative burdens on Indian health service and tribal health facilities, the state has no way to shift these costs of care to the federal government unless the state provides incentives for tribes to take on these administrative burdens; and
(f) The federal government's intent for this update in payment policy is to help states, the Indian health service, and tribes to improve delivery systems for American Indians and Alaska Natives by increasing access to care, strengthening continuity of care, and improving population health.
(2) The legislature, therefore, intends to:
(a) Establish that it is the policy of this state and the intent of this chapter, in fulfillment of the state's unique relationships and shared respect between sovereign governments, to:
(i) Recognize the United States' special trust responsibility to provide quality health care and allied health services to American Indians and Alaska Natives, including those individuals who are residents of this state; and
(ii) Implement the national policies of Indian self-determination with the goal of reducing health inequities for American Indians and Alaska Natives;
(b) Establish the governor's Indian health advisory council to:
(i) Adopt a biennial Indian health improvement advisory plan, developed by the reinvestment committee;
(ii) Address issues with tribal implications that are not able to be resolved at the agency level;
(iii) Provide oversight of the Indian health improvement reinvestment account; and
(iv) Draft recommended legislation to address Indian health improvement needs including, but not limited to, crisis coordination between Indian health care providers and the state's behavioral health system;
(c) Establish the Indian health improvement reinvestment account in order to provide incentives for tribes to assume the administrative burdens created by the federal requirements for the state to shift health care costs to the federal government;
(d) Appropriate and deposit into the reinvestment account all of the new state savings, subject to federal appropriations and less agreed upon administrative costs to maintain fiscal neutrality to the state general fund;
(e) Require the funds in the reinvestment account to be spent only on costs for projects, programs, or activities identified in the advisory plan;
(f) Address the ongoing suicide and addiction crisis among American Indians and Alaska Natives by:
(i) Including Indian health care providers among entities eligible to receive available resources as defined in RCW 71.24.025 for the delivery of behavioral health services to American Indians and Alaska Natives;
(ii) Strengthening the state's behavioral health system crisis coordination with tribes and Indian health care providers by removing barriers to the federal trust responsibility to provide for American Indians and Alaska Natives; and
(g) Recognize the sovereign authority of tribal governments to act as public health authorities in providing for the health and safety of their community members including those individuals who may be experiencing a behavioral health crisis.
[ 2020 c 256 s 101; 2019 c 282 s 1.]

catchline: Findings—Intent—2019 c 282.


title: RCW 43.71C.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "340B drug" means a drug that has been subject to an offer for reduced prices by a manufacturer under 42 U.S.C. Sec. 256b and is purchased by a covered entity.
(2) "Authority" means the health care authority.
(3) "Covered drug" means any prescription drug that:
(a) A covered manufacturer intends to introduce to the market at a wholesale acquisition cost of $10,000 or more for a course of treatment lasting less than one month or a 30-day supply, whichever period is longer; or
(b) Is currently on the market, is manufactured by a covered manufacturer, and has a wholesale acquisition cost of more than $100 for a course of treatment lasting less than one month or a 30-day supply, and, taking into account only price increases that take effect after July 28, 2019, the manufacturer increases the wholesale acquisition cost at least:
(i) Twenty percent, including the proposed increase and the cumulative increase over one calendar year prior to the date of the proposed increase; or
(ii) Fifty percent, including the proposed increase and the cumulative increase over three calendar years prior to the date of the proposed increase.
(4) "Covered entity" means an entity authorized to participate in the federal 340B drug pricing program, as defined in 42 U.S.C. Sec. 256b(a)(4) as of June 11, 2026, and is located in Washington.
(5) "Covered manufacturer" means a person, corporation, or other entity engaged in the manufacture of prescription drugs sold in or into Washington state. "Covered manufacturer" does not include a private label distributor or retail pharmacy that sells a drug under the retail pharmacy's store, or a prescription drug repackager.
(6) "Health care provider," "health plan," "health carrier," and "carrier" mean the same as in RCW 48.43.005.
(7) "Pharmacy benefit manager" means the same as in RCW 48.200.020.
(8) "Pharmacy services administrative organization" means an entity that contracts with a pharmacy to act as the pharmacy's agent with respect to matters involving a pharmacy benefit manager, third-party payor, or other entities, including negotiating, executing, or administering contracts with the pharmacy benefit manager, third-party payor, or other entities and provides administrative services to pharmacies.
(9) "Prescription drug" means a drug regulated under chapter 69.41 or 69.50 RCW, including generic, brand name, specialty drugs, and biological products that are prescribed for outpatient use and distributed in a retail setting.
(10) "Qualifying price increase" means a price increase described in subsection (3)(b) of this section.
(11) "Wholesale acquisition cost" or "price" means, with respect to a prescription drug, the manufacturer's list price for the drug to wholesalers or direct purchasers in the United States, excluding any discounts, rebates, or reductions in price, for the most recent month for which the information is available, as reported in wholesale price guides or other publications of prescription drug pricing.
[ 2026 c 227 s 8; 2019 c 334 s 2.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.


title: RCW 43.71C.020

text:
Beginning October 1, 2019, and on a yearly basis thereafter, a health carrier must submit to the authority the following prescription drug cost and utilization data for the previous calendar year for each health plan it offers in the state:
(1) The twenty-five prescription drugs most frequently prescribed by health care providers participating in the plan's network;
(2) The twenty-five costliest prescription drugs expressed as a percentage of total plan prescription drug spending, and the plan's total spending for each of these prescription drugs;
(3) The twenty-five drugs with the highest year-over-year increase in wholesale acquisition cost, excluding drugs made available for the first time that plan year, and the percentages of the increases for each of these prescription drugs;
(4) The portion of the premium that is attributable to each of the following categories of covered prescription drugs, after accounting for all rebates and discounts:
(a) Brand name drugs;
(b) Generic drugs; and
(c) Specialty drugs;
(5) The year-over-year increase, calculated on a per member, per month basis and expressed as a percentage, in the total annual cost of each category of covered drugs listed in subsection (4) of this section, after accounting for all rebates and discounts;
(6) A comparison, calculated on a per member, per month basis, of the year-over-year increase in the cost of covered drugs to the year-over-year increase in the costs of other contributors to premiums, after accounting for all rebates and discounts;
(7) The name of each covered specialty drug; and
(8) The names of the twenty-five most frequently prescribed drugs for which the health plan received rebates from pharmaceutical manufacturers.
[ 2019 c 334 s 3.]

catchline: Health carriers—Cost and utilization data reporting.


title: RCW 43.71C.030

text:
(1) By March 1st of each year, a pharmacy benefit manager must submit to the authority the following data from the previous calendar year:
(a) All discounts, including the total dollar amount and percentage discount, and all rebates received from a manufacturer for each drug on the pharmacy benefit manager's formularies;
(b) The total dollar amount of all discounts and rebates that are retained by the pharmacy benefit manager for each drug on the pharmacy benefit manager's formularies;
(c) Actual total reimbursement amounts for each drug the pharmacy benefit manager pays retail pharmacies after all direct and indirect administrative and other fees that have been retrospectively charged to the pharmacies are applied;
(d) The negotiated price health plans pay the pharmacy benefit manager for each drug on the pharmacy benefit manager's formularies;
(e) The amount, terms, and conditions relating to copayments, reimbursement options, and other payments or fees associated with a prescription drug benefit plan;
(f) Disclosure of any ownership interest the pharmacy benefit manager has in a pharmacy or health plan with which it conducts business; and
(g) The results of any appeal filed pursuant to *RCW 19.340.100(3).
(2) The information collected pursuant to this section is not subject to public disclosure under chapter 42.56 RCW.
(3) The authority may examine or audit the financial records of a pharmacy benefit manager for purposes of ensuring the information submitted under this section is accurate. Information the authority acquires in an examination of financial records pursuant to this subsection is proprietary and confidential.
[ 2019 c 334 s 4.]
Notes:
*Reviser's note: RCW 19.340.100 was recodified as RCW 48.200.280 pursuant to 2020 c 240 s 18, effective January 1, 2022.

catchline: Pharmacy benefit managers—Data reporting.


title: RCW 43.71C.040

text:
(1) No later than March 1st of each calendar year, each pharmacy benefit manager must file with the authority, in the form and detail as required by the authority, a report for the preceding calendar year stating that the pharmacy benefit manager is in compliance with this chapter.
(2) A pharmacy benefit manager may not cause or knowingly permit the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue, deceptive, or misleading.
(3) An employer-sponsored self-funded health plan or a Taft-Hartley trust health plan may voluntarily provide the data described in subsection (1) of this section.
[ 2019 c 334 s 5.]

catchline: Pharmacy benefit managers—Compliance.


title: RCW 43.71C.050

text:
(1) Beginning October 1, 2019, a covered manufacturer must submit to the authority the following data for each covered drug:
(a) A description of the specific financial and nonfinancial factors used to make the decision to set or increase the wholesale acquisition cost of the drug. In the event of a price increase, a covered manufacturer must also submit the amount of the increase and an explanation of how these factors explain the increase in the wholesale acquisition cost of the drug;
(b) The patent expiration date of the drug if it is under patent;
(c) Whether the drug is a multiple source drug, an innovator multiple source drug, a noninnovator multiple source drug, or a single source drug;
(d) The itemized cost for production and sales, including the annual manufacturing costs, annual marketing and advertising costs, total research and development costs, total costs of clinical trials and regulation, and total cost for acquisition of the drug; and
(e) The total financial assistance given by the manufacturer through assistance programs, rebates, and coupons.
(2) For all qualifying price increases of existing drugs, a manufacturer must submit the year the drug was introduced to market and the wholesale acquisition cost of the drug at the time of introduction.
(3) If a manufacturer increases the price of an existing drug it has manufactured for the previous five years or more, it must submit a schedule of wholesale acquisition cost increases for the drug for the previous five years.
(4) If a manufacturer acquired the drug within the previous five years, it must submit:
(a) The wholesale acquisition cost of the drug at the time of acquisition and in the calendar year prior to acquisition; and
(b) The name of the company from which the drug was acquired, the date acquired, and the purchase price.
(5) Except as provided in subsection (6) of this section, a covered manufacturer must submit the information required by this section:
(a) At least 60 days in advance of a qualifying price increase for a covered drug; and
(b) Within 30 days of release of a new covered drug to the market.
(6) For any drug approved under section 505(j) of the federal food, drug, and cosmetic act, as it existed on July 28, 2019, or a biosimilar approved under section 351(k) of the federal public health service act, as it existed on July 28, 2019, if submitting data in accordance with subsection (5)(a) of this section is not possible 60 days before the price increase, that submission must be made as soon as known but not later than the date of the price increase.
(7) Before April 1st of each year, a manufacturer shall report the following information concerning the manufacturer's participation in the federal 340B drug pricing program, as established in 42 U.S.C. Sec. 256b, for the previous calendar year in a manner and format prescribed by the authority:
(a) The number of units, by drug, of 340B drugs distributed to each covered entity and contract pharmacy in Washington;
(b) The aggregate discounts, by drug, provided to each covered entity and contract pharmacy on 340B drugs reported in (a) of this subsection; and
(c) The average 340B discount on each of the top 25 340B drugs dispensed in the state by each manufacturer, including the percentage of the discount imposed due to inflationary rebate, as described in 42 U.S.C. Sec. 1396r-8(c)(2) (A) and (C), and the discount if it were not capped with a maximum rebate amount, as described in 42 U.S.C. Sec. 1396r-8(c)(2)(D).
(8) The information submitted pursuant to this section is not subject to public disclosure under chapter 42.56 RCW.
[ 2026 c 227 s 9; 2019 c 334 s 6.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: Manufacturers—Data reporting.


title: RCW 43.71C.060

text:
(1) Beginning October 1, 2019, a manufacturer must submit written notice, in a form and manner specified by the authority, informing the authority that the manufacturer has filed with the FDA:
(a) A new drug application or biologics license application for a pipeline drug; or
(b) A biologics license application for a biological product.
(2) The notice must be filed within sixty days of the manufacturer receiving the applicable FDA approval date.
(3) Upon receipt of the notice, the authority may request from the manufacturer the following information if it believes the drug will have a significant impact on state expenditures:
(a) The primary disease, condition, or therapeutic area studied in connection with the new drug, and whether the drug is therapeutically indicated for such disease, condition, or therapeutic area;
(b) Each route of administration studied for the drug;
(c) Clinical trial comparators for the drug;
(d) The date at which the FDA must complete its review of the drug application pursuant to the federal prescription drug user fee act of 1992 (106 Stat. 4491; P.L. 102-571);
(e) Whether the FDA has designated the drug an orphan drug, a fast track product, or a breakthrough therapy; and
(f) Whether the FDA has designated the drug for accelerated approval, priority review, or if the drug contains a new molecular entity.
(4) A manufacturer may limit the information reported pursuant to this section to that which is otherwise in the public domain or publicly reported.
(5) The information collected pursuant to this section is not subject to public disclosure under chapter 42.56 RCW.
[ 2019 c 334 s 7.]

catchline: Manufacturers—Notice of new drug applications.


title: RCW 43.71C.070

text:
(1) Beginning October 1, 2019, a manufacturer of a covered drug must notify the authority of a qualifying price increase in writing at least sixty days prior to the planned effective date of the increase. The notice must include:
(a) The date of the increase, the current wholesale acquisition cost of the prescription drug, and the dollar amount of the future increase in the wholesale acquisition cost of the prescription drug; and
(b) A statement regarding whether a change or improvement in the drug necessitates the price increase. If so, the manufacturer shall describe the change or improvement.
(2) For any drug approved under section 505(j) of the federal food, drug, and cosmetic act, as it existed on July 28, 2019, or a biosimilar approved under section 351(k) of the federal public health service act, as it existed on July 28, 2019, if notification is not possible sixty days before the price increase, that submission must be made as soon as known but not later than the date of the price increase.
(3) The information submitted pursuant to this section is not subject to public disclosure under chapter 42.56 RCW.
(4) By December 1, 2020, the authority must provide recommendations on how to provide advance notice of price increases to purchasers consistent with state and federal law.
[ 2019 c 334 s 8.]

catchline: Manufacturers—Notice of price increases.


title: RCW 43.71C.080

text:
(1) Beginning October 1, 2019, and on a yearly basis thereafter, a pharmacy services administrative organization representing a pharmacy or pharmacy chain in the state must submit to the authority the following data from the previous calendar year:
(a) The negotiated reimbursement rate of the twenty-five prescription drugs with the highest reimbursement rate;
(b) The twenty-five prescription drugs with the largest year-to-year change in reimbursement rate, expressed as a percentage and dollar amount; and
(c) The schedule of fees charged to pharmacies for the services provided by the pharmacy services administrative organization.
(2) Any pharmacy services administrative organization whose revenue is generated from flat service fees not connected to drug prices or volume, and paid by the pharmacy, is exempt from reporting.
[ 2019 c 334 s 9.]

catchline: Pharmacy services administrative organizations—Data reporting.


title: RCW 43.71C.090

text:
The authority may assess a fine of up to $1,000 per day for failure to comply with the requirements of RCW 43.71C.020 through 43.71C.080 and RCW 43.71C.130 and 43.71C.140. The assessment of a fine under this section is subject to review under the administrative procedure act, chapter 34.05 RCW. Fines collected under this section must be deposited in the medicaid fraud penalty account created in RCW 74.09.215.
[ 2026 c 227 s 10; 2019 c 334 s 11.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: Enforcement.


title: RCW 43.71C.100

text:
(1)(a) The authority shall compile and analyze the data submitted by health carriers, pharmacy benefit managers, manufacturers, and pharmacy services administrative organizations pursuant to this chapter and prepare an annual report for the public and the legislature synthesizing the data to demonstrate the overall impact that drug costs, rebates, and other discounts have on health care premiums.
(b) For data related to the 340B drug pricing program, the annual report shall include:
(i) Data submitted under RCW 43.71C.050(7) aggregated to not reveal information from specific manufacturers;
(ii) Data submitted under RCW 43.71C.130(1) (a), (h) through (j), and (m) by covered entity; and
(iii) Data submitted pursuant to RCW 43.71C.130(1) (b) through (g), (k), and (l) aggregated by entity type, as specified in 42 U.S.C. Sec. 256b(a)(4).
(c) The annual report must also include:
(i) The authority's costs for the preceding calendar year to collect and report data related to the 340B drug pricing program;
(ii) A description of the foreseeable necessary costs to the authority for collecting and reporting data related to the 340B drug pricing program, as used as the basis for the filing fee described in RCW 43.71C.140; and
(iii) The amount of filing fees collected under RCW 43.71C.140.
(2)(a) Except as provided in (b) of this subsection, the data in the report must be aggregated and must not reveal information specific to individual health carriers, pharmacy benefit managers, pharmacy services administrative organizations, individual prescription drugs, individual classes of prescription drugs, individual manufacturers, or discount amounts paid in connection with individual prescription drugs.
(b) Data reported under RCW 43.71C.130(1) (a), (h) through (j), and (m) may be reported without further aggregation and may identify the manufacturer, covered entity, and contract pharmacy.
(3) Beginning January 1, 2021, and by each January 1st thereafter, the authority must publish the report on its website.
(4) Except for the report, data submitted under RCW 43.71C.130(1) (a), (h) through (j), and (m), and as provided in subsection (5) of this section, the authority shall keep confidential all data submitted pursuant to this chapter.
(5) For purposes of public policy, upon request of a Washington state legislator, the authority must provide all data provided pursuant to RCW 43.71C.020 through 43.71C.080, and RCW 43.71C.130 and any analysis prepared by the authority to the requesting legislator. Any information provided pursuant to this subsection is not subject to public disclosure under chapter 42.56 RCW and must be kept confidential within the legislature.
(6) For the purpose of reviewing drug prices and conducting affordability reviews, the prescription drug affordability board, as established in chapter 70.405 RCW, and the health care cost transparency board, established in chapter 70.390 RCW, may access all data collected pursuant to RCW 43.71C.020 through 43.71C.080 and any analysis prepared by the authority.
(7)(a) Except as provided in (b) of this subsection, the data collected pursuant to this chapter is not subject to public disclosure under chapter 42.56 RCW. Any information provided pursuant to this section must be kept confidential and may not be publicly released. Recipients of data under subsection (6) of this section shall:
(i) Follow all rules adopted by the authority regarding appropriate data use and protection; and
(ii) Acknowledge that the recipient is responsible for any liability arising from misuse of the data and that the recipient does not have any conflicts under the ethics in public service act that would prevent the recipient from accessing or using the data.
(b) Data submitted by covered entities under RCW 43.71C.130(1) (a), (h) through (j), and (m) is not confidential and may be publicly released.
[ 2026 c 227 s 11; 2022 c 153 s 11; 2019 c 334 s 10.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: Annual report—Data confidentiality.


title: RCW 43.71C.110

text:
The authority may adopt any rules necessary to implement the requirements of this chapter.
[ 2019 c 334 s 13.]

catchline: Rule making.


title: RCW 43.71C.120

text:
Information collected pursuant to this chapter may be shared with the health care cost transparency board established under chapter 70.390 RCW, subject to the same disclosure restrictions applicable under this chapter.
[ 2024 c 80 s 6.]

catchline: Information sharing.


title: RCW 43.71C.130

text:
(1) Annually, on or before April 1st following the conclusion of the covered entity's fiscal year, a covered entity located in Washington that is a federally qualified health center as defined in 42 U.S.C. Sec. 1396d(l)(2)(B) or a hospital defined in 42 U.S.C. Sec. 256b(a)(4)(L) through (O) shall report the following information to the authority concerning the covered entity's participation in the 340B program for the previous fiscal year:
(a) The following information for the covered entity:
(i) Name;
(ii) Service address;
(iii) 340B program identification number;
(iv) Designation of entity type, as specified in 42 U.S.C. Sec. 256b(a)(4); and
(v) The national taxpayer identification number;
(b) The aggregate acquisition cost for all 340B drugs obtained under the 340B program and dispensed to applicable patients;
(c) The aggregate payment amount received for all 340B drugs obtained under the 340B program and dispensed to applicable patients;
(d) The aggregate acquisition cost for administered outpatient 340B drugs obtained under the 340B program and administered to applicable patients;
(e) The total savings on the 340B administered outpatient drugs based on the calculation of the difference between the aggregate acquisition cost of 340B drugs and the aggregate price of the drugs if not purchased through the 340B program;
(f) The aggregate acquisition cost for 340B drugs and aggregate payments made to pharmacies that are under contract with the covered entity to receive and dispense 340B drugs on behalf of the covered entity;
(g) The number of claims for prescription drugs described in (c) and (d) of this subsection;
(h) Using the most up-to-date and available data, how the covered entity uses any savings from participating in the 340B program including, but not limited to, the amount of savings used for the provision of charity care, community benefits, or a similar program of providing unreimbursed or subsidized health care;
(i) The aggregate payments made to any other entity that is not a covered entity and is not a contract pharmacy as described in (f) of this subsection for managing any aspect of the covered entity's 340B program;
(j) The aggregate payment made or expense for administering the 340B program;
(k) The aggregate number of prescription drugs dispensed to patients for which a payment was reported under (c) of this subsection and the estimated number of prescription drugs administered to patients for which a cost was reported under (d) of this subsection;
(l) The percentage of the covered entity's pharmacy claims that were for prescription drugs obtained under the 340B program; and
(m) The number and percentage of low-income patients of the covered entity that were served by a sliding fee scale for a prescription drug dispensed or administered under the 340B program.
(2) The information required to be reported under subsection (1) of this section must be reported by payer type, if the information is available to the covered entity, including the following:
(a) Commercial;
(b) Medicaid;
(c) Medicare; and
(d) Uninsured.
(3) The authority shall prepare a template reporting form for covered entities to use to fulfill the reporting requirements of this section.
(4)(a) The authority may issue a fine, in accordance with RCW 43.71C.090, of $1,000 per day for a covered entity that fails to provide the information required by this section by the date required.
(b) A covered entity must be afforded an opportunity to correct a violation of this section before a fine may be issued. If the covered entity provides the information required by this section within 30 calendar days of receiving the written notice of a violation, then the authority shall not issue a penalty.
[ 2026 c 227 s 5.]

catchline: 340B drug pricing program—Report—Penalty.


title: RCW 43.71C.140

text:
(1) For manufacturers and covered entities required to report 340B data to the authority under RCW 43.71C.130 and 43.71C.050, the authority may establish a filing fee to support costs to administer the 340B data collection and reporting required by this chapter.
(2) The filing fee shall be set by the authority at a level necessary to cover the cost to the authority for collecting and reporting the 340B data. Manufacturers required to report data under RCW 43.71C.050 and covered entities required to report data under RCW 43.71C.130 shall pay the fee annually, in a form and manner determined by the authority.
(3) The filing fees must be established in accordance with the following:
(a) The filing fee for covered entities must be tiered based on the covered entity's gross operating revenue;
(b) The filing fee for manufacturers must be tiered in a manner determined by the authority; and
(c) The filing fees for covered entities and manufacturers must be set at levels that generally reflect the numbers of covered entities and manufacturers required to report under RCW 43.71C.130 and 43.71C.050 and the authority's relative costs in collecting and reporting data from covered entities and manufacturers, except that the filing fee for covered entities must not be set at a level intended to cover more than 25 percent of the authority's costs for collecting and reporting 340B data.
(4) The authority may recommend modifications to the filing fee structure for covered entities and manufacturers in its annual report under RCW 43.71C.100.
(5) The filing fees must be deposited in the 340B program reporting account created under RCW 43.71C.150.
(6) The authority may adopt rules to implement this section.
[ 2026 c 227 s 6.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: 340B data—Filing fee—Rules.


title: RCW 43.71C.150

text:
The 340B program reporting account is created in the state treasury. All receipts from filing fees collected pursuant to RCW 43.71C.140 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only by the authority and only for collecting and reporting data relating to the 340B drug pricing program.
[ 2026 c 227 s 7.]
Notes:
Severability—2026 c 227: See note following RCW 69.65.030.

catchline: 340B program reporting account.


title: RCW 43.71C.800

text:
The authority must contact the California office of statewide health planning and development and the Oregon department of consumer and business services to develop strategies to reduce prescription drug costs and increase prescription drug cost transparency. The authority must make recommendations to the legislature for implementing joint state strategies, which may include a joint purchasing agreement, by January 1, 2020.
[ 2019 c 334 s 12.]

catchline: Joint state strategies—Development and implementation recommendations.


title: RCW 43.71C.900

text:
The legislature finds that the state of Washington has substantial public interest in the following:
(1) The price and cost of prescription drugs. Washington state is a major purchaser through the department of corrections, the health care authority, and other entities acting on behalf of a state purchaser;
(2) Enacting this chapter to provide notice and disclosure of information relating to the cost and pricing of prescription drugs in order to provide accountability to the state for prescription drug pricing;
(3) Rising drug costs and consumer ability to access prescription drugs; and
(4) Containing prescription drug costs. It is essential to understand the drivers and impacts of these costs, as transparency is typically the first step toward cost containment and greater consumer access to needed prescription drugs.
[ 2019 c 334 s 1.]

catchline: Findings—2019 c 334.


title: RCW 43.72.011

text:
As used in this chapter, "health carrier," "health care provider," "provider," "health plan," and "health care facility" have the same meaning as provided in RCW 48.43.005.
[ 1997 c 274 s 5.]
Notes:
Effective date—1997 c 274: See note following RCW 41.05.021.

catchline: Definitions.


title: RCW 43.72.090

text:
(1) On and after December 31, 1995, no person or entity in this state shall provide the uniform benefits package and supplemental benefits as defined in *RCW 43.72.010 without being certified as a certified health plan by the insurance commissioner.
(2) On and after December 31, 1995, no certified health plan may offer less than the uniform benefits package to residents of this state and no registered employer health plan may provide less than the uniform benefits package to its employees and their dependents.
(3) The health services commission may authorize renewal or continuation until December 31, 1996, of health care service contracts, disability group insurance, or health maintenance policies in effect on December 31, 1995.
[ 1995 c 2 s 1; 1993 c 492 s 427.]
Notes:
Reviser's note: *(1) RCW 43.72.010 was repealed by 1995 c 265 s 27, effective July 1, 1995.
(2) RCW 43.72.090 was also repealed by 1995 c 265 s 27 without cognizance of its amendment by 1995 c 2 s 1. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Effective date—1995 c 2: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [February 3, 1995]." [ 1995 c 2 s 5.]
Certification: Chapter 48.43 RCW.
PDF
RCW 43.72.090
Uniform or supplemental benefits—Provision by certified health plan only—Uniform benefits package as minimum.
[ 1993 c 492 s 427.]Repealed by 1995 c 265 s 27, effective July 1, 1995.
Notes:
Reviser's note: RCW 43.72.090 was also amended by 1995 c 2 s 1 without cognizance of its repeal by 1995 c 265 s 27. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.


title: RCW 43.72.180

text:
The legislature may disapprove of the uniform benefits package developed under *RCW 43.72.130 and medical risk adjustment mechanisms developed under **RCW 43.72.040(7) by an act of law at any time prior to the last day of the following regular legislative session. If such disapproval action is taken, the commission shall resubmit a modified package to the legislature within fifteen days of the disapproval. If the legislature does not disapprove or modify the package by an act of law by the end of that regular session, the package is deemed approved.
[ 1995 c 2 s 2; 1993 c 492 s 454.]
Notes:
Reviser's note: *(1) RCW 43.72.130 was repealed by 1995 c 265 s 27, effective July 1, 1995.
**(2) RCW 43.72.040 was repealed by 1995 c 265 s 27, effective July 1, 1995.
(3) RCW 43.72.180 was also repealed by 1995 c 265 s 27 without cognizance of its amendment by 1995 c 2 s 2. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.
Effective date—1995 c 2: See note following RCW 43.72.090.
PDF
RCW 43.72.180
Legislative approval—Uniform benefits package and medical risk adjustment mechanisms.
[ 1993 c 492 s 454.]Repealed by 1995 c 265 s 27, effective July 1, 1995.
Notes:
Reviser's note: RCW 43.72.180 was also amended by 1995 c 2 s 2 without cognizance of its repeal by 1995 c 265 s 27. For rule of construction concerning sections amended and repealed in the same legislative session, see RCW 1.12.025.


title: RCW 43.72.300

text:
(1) The legislature recognizes that competition among health care providers, facilities, payers, and purchasers will yield the best allocation of health care resources, the lowest prices for health care services, and the highest quality of health care when there exists a large number of buyers and sellers, easily comparable health plans and services, minimal barriers to entry and exit into the health care market, and adequate information for buyers and sellers to base purchasing and production decisions. However, the legislature finds that purchasers of health care services and health care coverage do not have adequate information upon which to base purchasing decisions; that health care facilities and providers of health care services face legal and market disincentives to develop economies of scale or to provide the most cost-efficient and efficacious service; that health insurers, contractors, and health maintenance organizations face market disincentives in providing health care coverage to those Washington residents with the most need for health care coverage; and that potential competitors in the provision of health care coverage bear unequal burdens in entering the market for health care coverage.
(2) The legislature therefore intends to exempt from state anti-trust laws, and to provide immunity from federal anti-trust laws through the state action doctrine for activities approved under this chapter that might otherwise be constrained by such laws and intends to displace competition in the health care market: To contain the aggregate cost of health care services; to promote the development of comprehensive, integrated, and cost-effective health care delivery systems through cooperative activities among health care providers and facilities; to promote comparability of health care coverage; to improve the cost-effectiveness in providing health care coverage relative to health promotion, disease prevention, and the amelioration or cure of illness; to assure universal access to a publicly determined, uniform package of health care benefits; and to create reasonable equity in the distribution of funds, treatment, and medical risk among purchasers of health care coverage, payers of health care services, providers of health care services, health care facilities, and Washington residents. To these ends, any lawful action taken pursuant to chapter 492, Laws of 1993 by any person or entity created or regulated by chapter 492, Laws of 1993 are declared to be taken pursuant to state statute and in furtherance of the public purposes of the state of Washington.
(3) The legislature does not intend and unless explicitly permitted in accordance with RCW 43.72.310 or under rules adopted pursuant to chapter 492, Laws of 1993, does not authorize any person or entity to engage in activities or to conspire to engage in activities that would constitute per se violations of state and federal anti-trust laws including but not limited to conspiracies or agreements:
(a) Among competing health care providers not to grant discounts, not to provide services, or to fix the price of their services;
(b) Among health carriers as to the price or level of reimbursement for health care services;
(c) Among health carriers to boycott a group or class of health care service providers;
(d) Among purchasers of health plan coverage to boycott a particular plan or class of plans;
(e) Among health carriers to divide the market for health care coverage; or
(f) Among health carriers and purchasers to attract or discourage enrollment of any Washington resident or groups of residents in a health plan based upon the perceived or actual risk of loss in including such resident or group of residents in a health plan or purchasing group.
[ 1997 c 274 s 6; 1993 c 492 s 447.]
Notes:
Effective date—1997 c 274: See note following RCW 41.05.021.

catchline: Managed competition—Findings and intent.


title: RCW 43.72.310

text:
(1) A health carrier, health care facility, health care provider, or other person involved in the development, delivery, or marketing of health care or health plans may request, in writing, that the department of health obtain an informal opinion from the attorney general as to whether particular conduct is authorized by chapter 492, Laws of 1993. Trade secret or proprietary information contained in a request for informal opinion shall be identified as such and shall not be disclosed other than to an authorized employee of the department of health or attorney general without the consent of the party making the request, except that information in summary or aggregate form and market share data may be contained in the informal opinion issued by the attorney general. The attorney general shall issue such opinion within thirty days of receipt of a written request for an opinion or within thirty days of receipt of any additional information requested by the attorney general necessary for rendering an opinion unless extended by the attorney general for good cause shown. If the attorney general concludes that such conduct is not authorized by chapter 492, Laws of 1993, the person or organization making the request may petition the department of health for review and approval of such conduct in accordance with subsection (3) of this section.
(2) After obtaining the written opinion of the attorney general and consistent with such opinion, the department of health:
(a) May authorize conduct by a health carrier, health care facility, health care provider, or any other person that could tend to lessen competition in the relevant market upon a strong showing that the conduct is likely to achieve the policy goals of chapter 492, Laws of 1993 and a more competitive alternative is impractical;
(b) Shall adopt rules governing conduct among providers, health care facilities, and health carriers including rules governing provider and facility contracts with health carriers, rules governing the use of "most favored nation" clauses and exclusive dealing clauses in such contracts, and rules providing that health carriers in rural areas contract with a sufficient number and type of health care providers and facilities to ensure consumer access to local health care services;
(c) Shall adopt rules permitting health care providers within the service area of a plan to collectively negotiate the terms and conditions of contracts with a health carrier including the ability of providers to meet and communicate for the purposes of these negotiations;
(d) Shall adopt rules governing cooperative activities among health care facilities and providers; and
(e) Effective July 1, 1997, in addition to the rule-making authority granted to the department under this section, the department shall have the authority to enforce and administer rules previously adopted by the health services commission and the health care policy board pursuant to RCW 43.72.310.
(3) A health carrier, health care facility, health care provider, or any other person involved in the development, delivery, and marketing of health care services or health plans may file a written petition with the department of health requesting approval of conduct that could tend to lessen competition in the relevant market. Such petition shall be filed in a form and manner prescribed by rule of the department of health.
The department of health shall issue a written decision approving or denying a petition filed under this section within ninety days of receipt of a properly completed written petition unless extended by the department of health for good cause shown. The decision shall set forth findings as to benefits and disadvantages and conclusions as to whether the benefits outweigh the disadvantages.
(4) In authorizing conduct and adopting rules of conduct under this section, the department of health with the advice of the attorney general, shall consider the benefits of such conduct in furthering the goals of health care reform including but not limited to:
(a) Enhancement of the quality of health services to consumers;
(b) Gains in cost efficiency of health services;
(c) Improvements in utilization of health services and equipment;
(d) Avoidance of duplication of health services resources; or
(e) And as to (b) and (c) of this subsection: (i) Facilitates the exchange of information relating to performance expectations; (ii) simplifies the negotiation of delivery arrangements and relationships; and (iii) reduces the transactions costs on the part of health carriers and providers in negotiating more cost-effective delivery arrangements.
These benefits must outweigh disadvantages including and not limited to:
(i) Reduced competition among health carriers, health care providers, or health care facilities;
(ii) Adverse impact on quality, availability, or price of health care services to consumers; or
(iii) The availability of arrangements less restrictive to competition that achieve the same benefits.
(5) Conduct authorized by the department of health shall be deemed taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.
(6) With the assistance of the attorney general's office, the department of health shall actively supervise any conduct authorized under this section to determine whether such conduct or rules permitting certain conduct should be continued and whether a more competitive alternative is practical. The department of health shall periodically review petitioned conduct through, at least, annual progress reports from petitioners, annual or more frequent reviews by the department of health that evaluate whether the conduct is consistent with the petition, and whether the benefits continue to outweigh any disadvantages. If the department of health determines that the likely benefits of any conduct approved through rule, petition, or otherwise by the department of health no longer outweigh the disadvantages attributable to potential reduction in competition, the department of health shall order a modification or discontinuance of such conduct. Conduct ordered discontinued by the department of health shall no longer be deemed to be taken pursuant to state statute and in the furtherance of the public purposes of the state of Washington.
(7) Nothing contained in chapter 492, Laws of 1993 is intended to in any way limit the ability of rural hospital districts to enter into cooperative agreements and contracts pursuant to RCW 70.44.450 and chapter 39.34 RCW.
(8) The secretary of health shall from time to time establish fees to accompany the filing of a petition or a written request to the department to obtain an opinion from the attorney general under this section and for the active supervision of conduct approved under this section. Such fees may vary according to the size of the transaction proposed in the petition or under active supervision. In setting such fees, the secretary shall consider that consumers and the public benefit when activities meeting the standards of this section are permitted to proceed; the importance of assuring that persons sponsoring beneficial activities are not foreclosed from filing a petition under this section because of the fee; and the necessity to avoid a conflict, or the appearance of a conflict, between the interests of the department and the public. The total fee for a petition under this section, a written request to the department to obtain an opinion from the attorney general, or a combination of both regarding the same conduct shall not exceed the level that will defray the reasonable costs the department and attorney general incur in considering a petition and in no event shall be greater than twenty-five thousand dollars. The fee for review of approved conduct shall not exceed the level that will defray the reasonable costs the department and attorney general incur in conducting such a review and in no event shall be greater than ten thousand dollars per annum. The fees shall be fixed by rule adopted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, and shall be deposited in the health professions account established in accordance with RCW 43.70.320.
[ 1997 c 274 s 7; 1995 c 267 s 8; 1993 c 492 s 448.]
Notes:
Effective date—1997 c 274: See note following RCW 41.05.021.
Captions not law—Severability—Effective dates—1995 c 267: See notes following RCW 43.70.052.

catchline: Managed competition—Competitive oversight—Attorney general duties—Anti-trust immunity—Fees.


title: RCW 43.72.860

text:
(1) The department of labor and industries, in consultation with the workers' compensation advisory committee, may conduct pilot projects to purchase medical services for injured workers through managed care arrangements. The projects shall assess the effects of managed care on the cost and quality of, and employer and employee satisfaction with, medical services provided to injured workers.
(2) The pilot projects may be limited to specific employers. The implementation of a pilot project shall be conditioned upon a participating employer and a majority of its employees, or, if the employees are represented for collective bargaining purposes, the exclusive bargaining representative, voluntarily agreeing to the terms of the pilot. Unless the project is terminated by the department, both the employer and employees are bound by the project agreements for the duration of the project.
(3) Solely for the purpose and duration of a pilot project, the specific requirements of Title 51 RCW that are identified by the department as otherwise prohibiting implementation of the pilot project shall not apply to the participating employers and employees to the extent necessary for conducting the project. Managed care arrangements for the pilot projects may include the designation of doctors responsible for the care delivered to injured workers participating in the projects.
(4) The projects shall conclude no later than January 1, 1997.
[ 1998 c 245 s 79; 1995 c 81 s 2; 1993 c 492 s 486.]

catchline: Managed care pilot projects.


title: RCW 43.72.910

text:
This act may be known and cited as the Washington health services act of 1993.
[ 1993 c 492 s 487.]

catchline: Short title—1993 c 492.


title: RCW 43.72.912

text:
The enactment of this act does not have the effect of terminating, or in any way modifying, any obligation or any liability, civil or criminal, which was already in existence on the effective date of this act.
[ 1993 c 492 s 491.]

catchline: Savings—1993 c 492.


title: RCW 43.72.914

text:
The legislature reserves the right to amend or repeal all or any part of this act at any time and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this act or any acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this act at any time.
[ 1993 c 492 s 494.]

catchline: Reservation of legislative power—1993 c 492.


title: RCW 43.72.915

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993, except for:
(1) Sections 234 through 243, 245 through 254, and 257 of this act, which shall take effect January 1, 1996, or January 1, 1998, if funding is not provided as set forth in section 17(4) of this act; and
(2) Sections 301 through 303 of this act, which shall take effect January 1, 1994.
[ 1995 c 43 s 15; 1993 sp.s. c 25 s 603; 1993 c 492 s 495.]
Notes:
Effective dates—Contingent effective dates—1995 c 43: See note following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Severability—Effective dates—Part headings, captions not law—1993 sp.s. c 25: See notes following RCW 82.04.230.

catchline: Effective dates—1993 c 492.


title: RCW 43.72.916

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
[ 1993 c 494 s 8.]

catchline: Effective date—1993 c 494.


title: RCW 43.79.010

text:
All moneys paid into the state treasury, except moneys received from taxes levied for specific purposes, and the several permanent funds of the state and the moneys derived therefrom, shall be paid into the general fund of the state.
[ 2007 c 215 s 5; 1965 c 8 s 43.79.010. Prior: 1907 c 8 s 1; RRS s 5509.]
Notes:
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.

catchline: General fund, how constituted.


title: RCW 43.79.015

text:
On and after July 1, 1985, all accounts heretofore or hereafter created in the state general fund shall be designated and treated as accounts in the state treasury. Unless otherwise designated by statute, all earnings on balances of such accounts shall be credited to the general fund.
[ 1985 c 57 s 89.]
Notes:
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Accounts in general fund designated as accounts in state treasury—Credit of earnings to general fund.


title: RCW 43.79.018

text:
By October 31st of each odd-numbered year, the state treasurer shall provide to the office of financial management and the appropriate fiscal committees of the legislature a list of any funds or accounts in the state treasury or in the custody of the state treasurer that he or she believes to be obsolete. The list must include the standard or process the treasurer used to determine whether an account is believed to be obsolete.
[ 2010 c 222 s 6.]
Notes:
Intent—2010 c 222: See note following RCW 43.08.150.

catchline: Obsolete funds and accounts—List provided to the office of financial management and legislative committees.


title: RCW 43.79.019

text:
By June 1, 2010, the office of financial management shall provide the state treasurer with a list of all funds or accounts held locally by any state agency. By October 31, 2010, the state treasurer, working with the office of financial management, shall review all locally held accounts, other than those held by institutions of higher education, and determine whether it would be financially advantageous to the state for those accounts to instead be held in the state treasury or in the custody of the state treasurer. When the treasurer deems it financially advantageous for local accounts to be held in the custody of the state treasurer or in the state treasury, he or she is encouraged to propose executive request legislation to effect those changes.
[ 2010 c 222 s 7.]
Notes:
Intent—2010 c 222: See note following RCW 43.08.150.

catchline: Locally held accounts—Review—Requested legislation to hold accounts in state treasury or custody of state treasurer.


title: RCW 43.79.020

text:
Except as otherwise provided by law, all moneys received as fees for the issuance of licenses upon examination, and the renewal thereof, and paid into the state treasury, shall be credited to the general fund; and all expenses incurred in connection with the examination of applicants for licenses, and the issuance and renewal of licenses upon examination shall be paid by warrants drawn against the general fund.
[ 1965 c 8 s 43.79.020. Prior: 1921 c 81 s 1; RRS s 5511.]

catchline: License fees to general fund.


title: RCW 43.79.060

text:
There shall be in the state treasury a permanent fund known as the "state university permanent fund," into which shall be paid all moneys derived from the sale of lands granted, held, or devoted to state university purposes.
[ 2007 c 215 s 6; 1965 c 8 s 43.79.060. Prior: 1907 c 168 s 1; RRS s 5518.]
Notes:
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.

catchline: State university permanent fund.


title: RCW 43.79.071

text:
All moneys in the state treasury to the credit of the University of Washington fund on the first day of May, 1955, and all moneys thereafter paid into the state treasury for or to the credit of the University of Washington fund, shall be and are hereby transferred to and placed in the general fund.
[ 1965 c 8 s 43.79.071. Prior: 1955 c 332 s 1.]

catchline: University of Washington fund—Moneys transferred to general fund.


title: RCW 43.79.072

text:
From and after the first day of April, 1955, all appropriations made by the thirty-fourth legislature from the University of Washington fund shall be paid out of moneys in the general fund.
[ 1965 c 8 s 43.79.072. Prior: 1955 c 332 s 2.]

catchline: University of Washington fund—Appropriations to be paid from general fund.


title: RCW 43.79.073

text:
From and after the first day of May, 1955, the University of Washington fund is abolished.
[ 1965 c 8 s 43.79.073. Prior: 1955 c 332 s 3.]

catchline: University of Washington fund—Abolished.


title: RCW 43.79.074

text:
From and after the first day of May, 1955, all warrants drawn on the University of Washington fund and not presented for payment shall be paid from the general fund, and it shall be the duty of the state treasurer and he or she is hereby directed to pay such warrants when presented from the general fund.
[ 2009 c 549 s 5149; 1965 c 8 s 43.79.074. Prior: 1955 c 332 s 4.]

catchline: University of Washington fund—Warrants to be paid from general fund.


title: RCW 43.79.075

text:
No revenue from any source other than the general fund, which, except for the provisions hereof, would have been paid into the University of Washington fund, shall be used for any purpose except the support of the University of Washington.
[ 1965 c 8 s 43.79.075. Prior: 1955 c 332 s 5.]

catchline: University of Washington fund—Other revenue for support of university.


title: RCW 43.79.080

text:
There shall be in the state treasury a fund known and designated as the "University of Washington building account".
[ 1985 c 57 s 36; 1965 c 8 s 43.79.080. Prior: 1915 c 66 s 1; RRS s 5535.]
Notes:
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: University building fund.


title: RCW 43.79.100

text:
The one hundred thousand acres of land granted by the United States government to the state for a scientific school in section 17 of the enabling act, are assigned to the support of Washington State University.
[ 1965 c 8 s 43.79.100. Prior: 1917 c 11 s 1; RRS s 5525.]

catchline: Scientific school grant to Washington State University.


title: RCW 43.79.110

text:
There shall be in the state treasury a permanent fund known as the "scientific permanent fund," into which shall be paid all moneys derived from the sale of lands set apart by the enabling act or otherwise for a scientific school. The income derived from investments pursuant to RCW 43.84.080 and 43.33A.140 shall be credited to the Washington State University building account less the applicable allocations to the state treasurer's service fund pursuant to RCW 43.08.190 or to the state investment board expense account pursuant to RCW 43.33A.160.
[ 2007 c 215 s 7; 1991 sp.s. c 13 s 96; 1965 c 8 s 43.79.110. Prior: 1901 c 81 s 4; RRS s 5526.]
Notes:
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Scientific permanent fund.


title: RCW 43.79.120

text:
The ninety thousand acres of land granted by the United States government to the state for an agricultural college in section 16 of the enabling act are assigned to the support of Washington State University.
[ 1965 c 8 s 43.79.120.]

catchline: Agricultural college grant to Washington State University.


title: RCW 43.79.130

text:
There shall be in the state treasury a permanent fund known as the "agricultural permanent fund," into which shall be paid all moneys derived from the sale of lands set apart by the enabling act or otherwise for an agricultural college. The income derived from investments pursuant to RCW 43.84.080 and 43.33A.140 shall be credited to the Washington State University building account less the applicable allocations to the state treasurer's service fund pursuant to RCW 43.08.190 or to the state investment board expense account pursuant to RCW 43.33A.160.
[ 2007 c 215 s 8; 1991 sp.s. c 13 s 94; 1965 c 8 s 43.79.130.]
Notes:
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Agricultural permanent fund.


title: RCW 43.79.140

text:
There shall be paid into the state general fund for the support of Washington State University the following moneys:
(1)—All moneys collected from the lease or rental of lands set apart by the enabling act or otherwise for the agricultural college and school of science;
(2)—All interest or income arising from the proceeds of the sale of any of such lands;
(3)—All moneys received or collected as interest on deferred payments on contracts for the sale of such lands.
[ 1965 c 8 s 43.79.140. Prior: 1905 c 43 s 2; RRS s 5521.]

catchline: Washington State University—Moneys paid into general fund for support of.


title: RCW 43.79.150

text:
The one hundred thousand acres of land granted by the United States government to the state for state normal schools in section 17 of the enabling act are assigned to the support of the regional universities, which were formerly the state colleges of education and to The Evergreen State College.
[ 1993 c 411 s 3; 1977 ex.s. c 169 s 104; 1965 c 8 s 43.79.150.]
Notes:
Finding—1993 c 411: See note following RCW 28B.35.751.
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Normal school grant to former state colleges of education and The Evergreen State College.


title: RCW 43.79.160

text:
There shall be in the state treasury a permanent fund known as the "normal school permanent fund," into which shall be paid all moneys derived from the sale of lands set apart by the enabling act or otherwise for state normal schools.
[ 2007 c 215 s 9; 1965 c 8 s 43.79.160.]
Notes:
Finding—Intent—Contingent effective date—2007 c 215: See notes following RCW 39.42.070.

catchline: Normal school permanent fund.


title: RCW 43.79.180

text:
There shall be paid into the state general fund for the use and support of the regional universities (formerly state colleges of education) the following moneys:
(1)—All moneys collected from the lease or rental of lands set apart by the enabling act or otherwise for the state normal schools;
(2)—All interest or income arising from the proceeds of the sale of such lands;
(3)—All moneys received or collected as interest on deferred payments on contracts for the sale of such lands.
[ 1977 ex.s. c 169 s 105; 1965 c 8 s 43.79.180. Prior: 1905 c 43 s 4; RRS s 5523.]
Notes:
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016.

catchline: Former state colleges of education—Moneys paid into general fund for support of.


title: RCW 43.79.195

text:
(1) The workforce education investment account is created in the state treasury. All revenues from the workforce investment surcharge created in RCW 82.04.299 and those revenues as specified under RCW 82.04.290(2)(c) must be deposited directly into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for higher education programs, higher education operations, higher education compensation, state-funded student aid programs, and workforce development including career connected learning as defined by RCW 28C.30.020.
(2) Except in the 2025-2027 fiscal biennium, expenditures from the workforce education investment account must be used to supplement, not supplant, other federal, state, and local funding for higher education. It is the intent of the legislature to continue this policy in the 2027-2029 fiscal biennium.
[ 2025 c 424 s 951; 2025 c 58 s 3010. Prior: 2021 c 334 s 971; 2021 c 170 s 6; 2020 c 2 s 2; 2019 c 406 s 2.]
Notes:
Reviser's note: This section was amended by 2025 c 58 s 3010 and by 2025 c 424 s 951, 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).
Effective date—2025 c 424: See note following RCW 9.46.100.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—2021 c 170: See note following RCW 71.24.887.
Tax preference performance statement exemption—Automatic expiration date exemption—Effective dates—2020 c 2: See notes following RCW 82.04.290.
Findings—Intent—2019 c 406: "The legislature finds it is essential that Washington residents have the opportunity to succeed in a competitive global economy by investing in Washington students for Washington jobs. The legislature finds that Washington state is expected to have seven hundred forty thousand job openings by 2021 and that most of these projected openings will be filled by workers with a postsecondary credential, such as a degree, apprenticeship, or certificate. The legislature finds that the state must focus on educational opportunities with targeted investments to keep tuition low and expand capacity for in-state students. The legislature also finds that currently only forty percent of Washington's high school students earn such a credential by age twenty-six, when seventy percent is the goal set by industry and business leaders intent on hiring Washington-educated workers. The legislature finds that Washington state already has several successful programs that help Washington students train for Washington jobs, including the state need grant, the guided pathways initiative at the community and technical colleges, and degree and apprenticeship programs in high-demand fields, such as computer science, engineering, nursing, and more. The legislature further finds that providing additional resources for workforce investments is critical in maintaining Washington's competitiveness in the global economy by ensuring businesses are able to hire Washington talent. Therefore, the legislature intends to create the new workforce education investment account, supported by professions that depend on higher education, that will expand existing investments to help people earn the credentials essential to obtain family-wage jobs and fill the seven hundred forty thousand jobs of the future." [ 2019 c 406 s 1.]
Findings—Short title—2019 c 406: See notes following RCW 28B.92.200.
Findings—2019 c 406: See note following RCW 28B.94.020.
Findings—Intent—2019 c 406: See note following RCW 28C.30.050.
Findings—Intent—2019 c 406: See note following RCW 43.216.135.

catchline: Workforce education investment account.


title: RCW 43.79.201

text:
(1) The charitable, educational, penal and reformatory institutions account is hereby created, in the state treasury, into which account there shall be deposited all moneys arising from the sale, lease or transfer of the land granted by the United States government to the state for charitable, educational, penal and reformatory institutions by section 17 of the enabling act, or otherwise set apart for such institutions, except all moneys arising from the sale, lease, or transfer of that certain one hundred thousand acres of such land assigned for the support of the University of Washington by chapter 91, Laws of 1903 and section 9, chapter 122, Laws of 1893.
(2) If feasible, not less than one-half of all income to the charitable, educational, penal, and reformatory institutions account shall be appropriated for the purpose of providing housing, including repair and renovation of state institutions, for persons with mental illness or developmental disabilities, or youth who are blind, deaf, or otherwise disabled. If moneys are appropriated for community-based housing, the moneys shall be appropriated to the department of commerce for the housing assistance program under chapter 43.185A RCW. During the 2015-2017 fiscal biennium, the legislature may transfer from the charitable, educational, penal and reformatory institutions account to the state general fund such amounts as reflect excess fund balance of the account.
[ 2023 c 275 s 18; 2016 sp.s. c 36 s 930; 2011 1st sp.s. c 50 s 945; 2009 c 564 s 935; 1995 c 399 s 77; 1991 sp.s. c 13 s 39; 1991 c 204 s 3; 1985 c 57 s 37; 1965 ex.s. c 135 s 2; 1965 c 8 s 43.79.201. Prior: 1961 c 170 s 1.]
Notes:
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2009 c 564: See note following RCW 2.68.020.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.
Income potential: RCW 79.02.410.
Inventory of land: RCW 79.02.400.

catchline: C.E.P. & R.I. account—Moneys transferred to charitable, educational, penal and reformatory institutions account—Exception.


title: RCW 43.79.202

text:
On and after March 20, 1961, the C.E.P. & R.I. fund is abolished; all appropriations made by the thirty-seventh legislature from such abolished fund shall be paid from the charitable, educational, penal and reformatory institutions account in the general fund and all warrants drawn on the C.E.P. & R.I. fund prior to March 20, 1961 and not theretofore presented for payment shall be paid from the charitable, educational, penal and reformatory institutions account in the general fund.
[ 1965 c 8 s 43.79.202. Prior: 1961 c 170 s 2.]

catchline: C.E.P. & R.I. fund—Abolished—Appropriations to be paid from and warrants drawn on account in general fund.


title: RCW 43.79.210

text:
There shall be in the state treasury a fund known as the federal cooperative agricultural extension fund, and all moneys paid into the state treasury for, or to the credit of, the Smith-Lever and Capper-Ketcham funds shall be placed in the federal cooperative agricultural extension fund.
[ 1965 c 8 s 43.79.210. Prior: 1935 c 63 s 1; RRS s 5536-4.]

catchline: Federal cooperative extension fund.


title: RCW 43.79.260

text:
The governor is designated the agent of the state to accept and receive all funds from federal and other sources not otherwise provided for by law and to deposit them in the state treasury to the credit of the appropriate fund or account.
[ 1973 c 144 s 1; 1965 c 8 s 43.79.260. Prior: 1945 c 243 s 3; Rem. Supp. 1945 s 5517-12.]

catchline: Governor designated state's agent.


title: RCW 43.79.270

text:
(1) Except as provided in subsection (3) of this section, whenever any money, from the federal government, or from other sources, which was not anticipated in the budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of any department, agency, board, or commission through which such expenditure shall be made is to submit to the governor a statement which may be in the form of a request for an allotment amendment setting forth the facts constituting the need for such expenditure and the estimated amount to be expended: PROVIDED, That no expenditure shall be made in excess of the actual amount received, and no money shall be expended for any purpose except the specific purpose for which it was received. A copy of any proposal submitted to the governor to expend money from an appropriated fund or account in excess of appropriations provided by law which is based on the receipt of unanticipated revenues shall be submitted to the joint legislative audit and review committee and also to the standing committees on ways and means of the house and senate if the legislature is in session at the same time as it is transmitted to the governor.
(2) Except as provided in subsection (3) of this section, and notwithstanding subsection (1) of this section, whenever money from any source that was not anticipated in the transportation budget approved by the legislature has actually been received and is designated to be spent for a specific purpose, the head of a department, agency, board, or commission through which the expenditure must be made shall submit to the governor a statement, which may be in the form of a request for an allotment amendment, setting forth the facts constituting the need for the expenditure and the estimated amount to be expended. However, no expenditure may be made in excess of the actual amount received, and no money may be expended for any purpose except the specific purpose for which it was received. A copy of any proposal submitted to the governor to expend money from an appropriated transportation fund or account in excess of appropriations provided by law that is based on the receipt of unanticipated revenues must be submitted, at a minimum, to the standing committees on transportation of the house and senate at the same time as it is transmitted to the governor.
(3) During the 2021-2023 fiscal biennium, whenever any money in the amount of $5,000,000 or more, from the federal government, or from other sources, which was not anticipated in the operating, capital, or transportation budget approved by the legislature has been awarded or has actually been received when the legislature is not in session and the use of the money is unrestricted or provides discretion to use the moneys for more than one agency, program, or purpose, the governor must:
(a) Submit a copy of the proposed allotment amendment to the joint legislative unanticipated revenue oversight committee;
(b) Provide an explanation of the timing, source, and availability of such funds and why the need for the expenditure could not have been anticipated in time for such expenditure to have been approved as part of a budget act for that particular fiscal year; and
(c) Provide the joint legislative unanticipated revenue oversight committee 14 calendar days from submittal the opportunity to review and comment on the proposed allotment amendment before approving under RCW 43.79.280.
[ 2021 c 334 s 972; 2005 c 319 s 105; 1998 c 177 s 1; 1996 c 288 s 37; 1973 c 144 s 2; 1965 c 8 s 43.79.270. Prior: 1945 c 243 s 4; Rem. Supp. 1945 s 5517-13.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

catchline: Unanticipated receipts—Duty of department heads.


title: RCW 43.79.280

text:
(1) Except as provided in subsection (3) of this section, if the governor approves such estimate in whole or part, he or she shall endorse on each copy of the statement his or her approval, together with a statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of approval and a statement of the amount approved for expenditure shall be transmitted simultaneously to the joint legislative audit and review committee and also to the standing committee on ways and means of the house and senate of all executive approvals of proposals to expend money in excess of appropriations provided by law.
(2) If the governor approves an estimate with transportation funding implications, in whole or part, he or she shall endorse on each copy of the statement his or her approval, together with a statement of the amount approved in the form of an allotment amendment, and transmit one copy to the head of the department, agency, board, or commission authorizing the expenditure. An identical copy of the governor's statement of approval of a proposal to expend transportation money in excess of appropriations provided by law and a statement of the amount approved for expenditure must be transmitted simultaneously to the standing committees on transportation of the house and senate.
(3) During the 2021-2023 fiscal biennium, before the governor may approve a proposed allotment amendment impacting the operating, capital, or transportation budget as provided in RCW 43.79.270(3), the governor must provide the joint legislative unanticipated revenue oversight committee 14 calendar days from submittal to review and comment on the proposal. If the governor approves a proposed allotment amendment that the committee rejected or is not modified to reflect the committee's alternative allotment amendment, the governor must submit a written explanation of the reasoning of such action to the joint legislative unanticipated revenue oversight committee within five days of approval. To change the amount, use, or purpose of an approved allotment amendment under this subsection, the head of any department, agency, board, or commission must request the change using the process provided in RCW 43.79.270(3). For all other changes, if the governor approves the change, a copy of the statement of approval must be sent to the joint legislative unanticipated revenue oversight committee.
[ 2021 c 334 s 973; 2009 c 549 s 5150; 2005 c 319 s 106; 1998 c 177 s 2; 1996 c 288 s 38; 1973 c 144 s 3; 1965 c 8 s 43.79.280. Prior: 1945 c 243 s 5; Rem. Supp. 1945 s 5517-14.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.

catchline: Unanticipated receipts—Duty of governor on approval.


title: RCW 43.79.282

text:
No state department, agency, board, or commission shall expend money in excess of appropriations provided by law based on the receipt of unanticipated revenues without complying with the provisions of RCW 43.79.260 through 43.79.280.
[ 1973 c 144 s 4.]

catchline: Compliance with RCW 43.79.260 through 43.79.280.