On Aug. 8, WAS INS issued advisory on provider contracts publicity.
WAS INS issued technical assistance advisory 2025-01 renew law, Chap. 389.
Follows 2025 WAS LEG enactment of SB5579 restricting public statements, #252899.
Provisions Analysis
The bill prohibits health carriers, facilities, and providers from making any public statements of any potential or planned contract termination, for a certain timeframe.
This is 45 days before termination date, unless disclosure satisfies a legal obligation.
WAS INS provides guidance and analysis on Chapter 389, Laws of 2025 (SB 5579) provisions in relation to authority and the various effective dates provided.
Authority
Among other things, WAS INS highlights subsection 2(4), Ch. 389, Laws of 2025.
This subsection directs the Commissioner, in consultation with health carriers, health care providers/facilities, and consumers, to develop standard template language.
The standard template language applies to notices sent to health plan enrollees and patients by health carriers, health care facilities/providers by Dec. 1, 2025.
According to WAS INS, minimum required elements of such template is clearly stated.
Subsection 2(5) directs the Office of the Insurance Commissioner (OIC) to make sure carriers include s. 2 of the Act requirements in all provider contracts by Jan. 1, 2027.
In addition, WAS INS sets out that subsection 2(6) authorizes the Commissioner to enforce the Act provisions related to carriers beginning Jan. 1, 2026. It also gives the Commissioner authority
Compliance Dates
WAS INS refers to the various dates that impact compliance with this statute.
Statutes without a specific eff. date are effective 90 days after Legislature adjourns.
A specific eff. date was not imposed by the Legislature for any provision of the bill.
This means that the substantive provisions of SB 5579, including Section 2, became effective Jul. 27, 2025, and are in effect now, which also includes s. 2(1) of the law.
Specifically, the provision that prohibits a health care provider/facility, or carrier from making or causing to be made public statements, until 45 days before termination.
This includes direct communication with impacted health plan enrollees and patients until 45 days before the contract termination date with regard to giving notice.
Such as when one party notifies the other of contract termination without cause.
Enforcement
Bill SB 5579 became effective Jul. 27, 2025, but the Commissioner will forebear initiating any enforcement action until Jan. 1, 2026, according to WAS INS.
This refers to enforcement actions against a carrier, or any formal referral to a health care provider's licensing authority, and informational notices will be provided.
The Commissioner will provide informational notices to carriers and providers if she discovers s. 2 provisions violations that occur between now and Jan. 1, 2026.
Notice Template Language
Drafts of the enrollee/patient notice template language will be distributed for public comment/review by the Commissioner who will finalize the template by Dec. 1, 2025.
Regulators
WAS INS
Entity Types
CNSM; Corp; Ins
Reference
Adv 2025-01, 8/8/2025; Ch. 389, Bill SB5579, 5/20/2025
