CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1979
Chapter 226, Laws of 2024
68th Legislature
2024 Regular Session
ASTHMA INHALERS AND EPINEPHRINE AUTOINJECTORS—HEALTH PLAN COVERAGE
EFFECTIVE DATE: June 6, 2024
Passed by the House February 6, 2024 CERTIFICATE
Yeas 97 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 1979 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate March 1, 2024
Yeas 49 Nays 0
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved March 25, 2024 1:41 PM FILED
March 26, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 1979
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Health Care & Wellness (originally sponsored by
Representatives Paul, Leavitt, Duerr, Reed, Ormsby, Callan, Kloba,
Doglio, Fosse, Ortiz-Self, Hackney, and Shavers)
READ FIRST TIME 01/26/24.
1 AN ACT Relating to reducing the cost of inhalers and epinephrine
2 autoinjectors; and amending RCW 48.43.780.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 48.43.780 and 2023 c 16 s 1 are each amended to read
5 as follows:
6 (1)(a) Except as required in ((subsection (2))) (b) of this
7 ((section)) subsection, a health plan issued or renewed on or after
8 January 1, 2023, that provides coverage for prescription insulin
9 drugs for the treatment of diabetes must cap the total amount that an
10 enrollee is required to pay for a covered insulin drug at an amount
11 not to exceed $35 per 30-day supply of the drug. Prescription insulin
12 drugs must be covered without being subject to a deductible, and any
13 cost sharing paid by an enrollee must be applied toward the
14 enrollee's deductible obligation.
15 (((2))) (b) If the federal internal revenue service removes
16 insulin from the list of preventive care services which can be
17 covered by a qualifying health plan for a health savings account
18 before the deductible is satisfied, for a health plan that provides
19 coverage for prescription insulin drugs for the treatment of diabetes
20 and is offered as a qualifying health plan for a health savings
21 account, the carrier must establish the plan's cost sharing for the
p. 1 SHB 1979.SL
 1 coverage of prescription insulin for diabetes at the minimum level
2 necessary to preserve the enrollee's ability to claim tax exempt
3 contributions from his or her health savings account under internal
4 revenue service laws and regulations.
5 (2)(a) Except as provided in (b) of this subsection, a health
6 plan issued or renewed on or after January 1, 2025, that provides
7 coverage for prescription asthma inhalers for the treatment of asthma
8 shall cap the total amount that an enrollee is required to pay for at
9 least one covered inhaled corticosteroid and at least one covered
10 inhaled corticosteroid combination that is federal food and drug
11 administration approved for the treatment of asthma at an amount not
12 to exceed $35 per 30-day supply of the drug. A health plan must
13 ensure that a covered inhaled corticosteroid and a covered inhaled
14 corticosteroid combination is always available to a patient at the
15 amount required by this subsection. Except as provided in (b) of this
16 subsection, prescription asthma inhalers must be covered without
17 being subject to a deductible, and any cost sharing paid by an
18 enrollee must be applied toward the enrollee's deductible obligation.
19 (b) For a health plan that is offered as a qualifying health plan
20 for a health savings account, the health carrier shall establish the
21 plan's cost sharing for asthma inhalers that are not on the federal
22 internal revenue service's list of preventive care services at the
23 minimum level necessary to preserve the enrollee's ability to claim
24 tax exempt contributions and withdrawals from the enrollee's health
25 savings account under internal revenue service laws and regulations.
26 If the federal internal revenue service removes asthma inhalers from
27 the list of preventive care services which can be covered by a
28 qualifying health plan for a health savings account before the
29 deductible is satisfied, for a health plan that provides coverage for
30 prescription asthma inhalers for the treatment of asthma and is
31 offered as a qualifying health plan for a health savings account, the
32 carrier shall establish the plan's cost sharing for the coverage of
33 prescription asthma inhalers at the minimum level necessary to
34 preserve the enrollee's ability to claim tax exempt contributions
35 from the enrollee's health savings account under internal revenue
36 service laws and regulations.
37 (3)(a) Except as provided in (b) of this subsection, a health
38 plan issued or renewed on or after January 1, 2025, that provides
39 coverage for prescription epinephrine autoinjectors for the treatment
40 of allergic reaction shall cap the total amount that an enrollee is
p. 2 SHB 1979.SL
 1 required to pay for at least one covered epinephrine autoinjector
2 product containing at least two autoinjectors at an amount not to
3 exceed $35. A health plan must ensure that a covered epinephrine
4 autoinjector is always available to a patient at the amount required
5 by this subsection. Except as provided in (b) of this subsection,
6 prescription epinephrine autoinjectors must be covered without being
7 subject to a deductible, and any cost sharing paid by an enrollee
8 must be applied toward the enrollee's deductible obligation.
9 (b) For a health plan that is offered as a qualifying health plan
10 for a health savings account, the health carrier shall establish the
11 plan's cost sharing for epinephrine autoinjectors at the minimum
12 level necessary to preserve the enrollee's ability to claim tax
13 exempt contributions and withdrawals from the enrollee's health
14 savings account under internal revenue service laws and regulations.
15 If the federal internal revenue service adds epinephrine
16 autoinjectors to the list of preventive care services which can be
17 covered by a qualifying health plan for a health savings account
18 before the deductible is satisfied, coverage must be provided as
19 described in (a) of this subsection without being subject to the
20 deductible.
21 (4) The office of the insurance commissioner must provide written
22 notice of ((the change)) any changes in internal revenue service
23 guidance regarding any prescription drug covered in this section to
24 affected parties, the chief clerk of the house of representatives,
25 the secretary of the senate, the office of the code reviser, and
26 others as deemed appropriate by the office.
27 (5) To the extent not prohibited under this section, health plans
28 may apply drug utilization management strategies to prescription
29 drugs covered under subsections (2) and (3) of this section.
Passed by the House February 6, 2024.
Passed by the Senate March 1, 2024.
Approved by the Governor March 25, 2024.
Filed in Office of Secretary of State March 26, 2024.
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p. 3 SHB 1979.SL


Statutes affected:
Original Bill: 48.43.780
Substitute Bill: 48.43.780
Bill as Passed Legislature: 48.43.780
Session Law: 48.43.780