ESB 5241 — Concerning material changes to the operations and governance structure of participants in the health care marketplace.

What this bill does

Requires filing of notice with the Attorney General at least 120 days before a qualifying material change transaction among health care market participants, extends material change transactions to cover additional parties, and requires notices include additional information. Requires the Attorney General to publish notice information; review transactions; hold public hearings; obtain assessments; approve, place conditions on, or disprove of transactions; and monitor compliance. Prohibits material change transactions that would detrimentally affect accessible affordable health care, result in the revocation of hospital privileges, or result in a reduction in staffing capacity for the provision of medically necessary services that would diminish access to quality care. Requires material change transactions to result in affected communities having the same or greater access to quality affordable care, including emergency care, primary care, reproductive health care, gender affirming care, and end-of-life care. Establishes a civil penalty of up to 15 percent of the value of a transaction for violations of notice requirements and authorizes the Attorney General to bring enforcement actions.

From the Washington State Legislature's nonpartisan staff bill analysis. Read the full analysis ↗

Floor votes

• Senate — 3rd Reading & Final Passage · February 8, 2024
  28 yea · 21 nay
• Senate — 614 Braun Pg 13 Ln 32 · February 8, 2024
  22 yea · 27 nay

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