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SB 6182 - Abortion savings program ¶

Section 1 ¶

In addition to any other taxes or other charges imposed under this chapter, each health carrier subject to tax under RCW 48.14.020 or 48.14.0201 shall, on or before the first day of March of each year pay to the state treasurer through the commissioner's office an annual coverage assessment. The assessment for the first year equals $0.82 per coverage month in the prior calendar year, and the assessment, annually thereafter, equals $0.165 per coverage month in the prior calendar year. The initial assessment imposed under this subsection is due and payable on or before March 1, 2027.
Each health carrier subject to the assessment under this section shall file with the commissioner, on or before the first day of March of each year, an annual coverage month assessment statement indicating the number of coverage months associated with premiums or prepayments for health care services subject to tax under RCW 48.14.020 or 48.14.0201, in a form and manner required by the commissioner. The statement under this subsection is in addition to the statement required under RCW 48.14.030.
Any health carrier, failing to file its annual coverage month assessment statement under subsection (2) of this section and pay the assessment by the last day of the month in which the assessment becomes due shall be assessed a penalty of five percent of the amount of the assessment. If the assessment is not paid within 45 days after the due date, the health carrier will be assessed a total penalty of 10 percent of the amount of the assessment. If the assessment is not paid within 60 days of the due date, the health carrier will be assessed a total penalty of 20 percent of the amount of the assessment. The assessment may be collected by distraint, and the penalty may be recovered by any action instituted by the commissioner in any court of competent jurisdiction. The amount of any penalty collected must be paid to the state treasurer and credited to the abortion savings account created under section 3 of this act.
In addition to the penalties set forth in subsection (3) of this section, interest shall accrue on the amount of the unpaid assessment at the maximum legal rate of interest permitted under RCW 19.52.020 commencing 61 days after the assessment is due until paid.
The commissioner may revoke the certificate of authority or registration of any delinquent health carrier, and the certificate of authority or registration may not be reissued until all assessments, interest, and penalties imposed under this section have been fully paid and the health carrier has otherwise qualified for the certificate of authority or registration.
In the event that any health carrier has paid to the commissioner any assessment under this section in error or in excess of that which it is lawfully obligated to pay, the commissioner shall upon written request make a refund thereof. A health carrier may only request a refund of assessments within six years of the end of the calendar year for which the assessments are owed. Refunds may be made either by crediting the amount toward payment of taxes, assessments, or other charges due or to become due from such health carrier, or by making a cash refund.
All revenues collected under this section must be deposited in the abortion savings account created under section 3 of this act.
The assessment required under this section must be borne solely by the health carrier and may not be passed through to enrollees in premiums, rates, plan design, or otherwise.
A health carrier shall demonstrate their compliance with this section through the rate filing review process of the commissioner, as directed by the commissioner. The commissioner may also adopt rules to implement this section.
For the purpose of this section:
1. "Coverage month" means each month of coverage under an insurance policy or each month of prepayment for health care services where premiums or prepayments are subject to tax under RCW 48.14.020 or 48.14.0201.
2. "Health carrier" means any carrier offering health plans on the health benefit exchange under chapter 43.71 RCW beginning in plan year 2026.

Section 2 ¶

The abortion savings program is established. The purpose of the program is to provide grants to maintain access to direct patient abortion clinical care services for individuals in the state.
Subject to the availability of amounts appropriated for this specific purpose, the secretary shall provide operating grants to eligible organizations to support equitable access to direct patient abortion clinical care services across the state. Grant funds provided under this program shall be used to support direct patient abortion clinical care services for which federal funding is prohibited for individuals without sufficient resources.
Except when required for the operation of the program, the department shall award at least 85 percent of the funds appropriated for the program as grants to eligible organizations.
The department may not:
1. Release, publish, or otherwise disclose any identifying information for:
  1. The staff of an eligible organization that applies for or receives a grant or reimbursement from grant funding under the program; or
  2. An individual health care practitioner or staff who provides direct patient abortion clinical care services for an eligible organization that receives a grant or reimbursement from grant funding under the program; or
2. Collect identifying information for individuals who request or obtain support for direct patient abortion clinical care services from an eligible organization awarded a grant under the program.
Identifying information under subsection (4) of this section is not subject to public inspection and copying under chapter 42.56 RCW.
The department shall develop standards for the grants to ensure funds are being used as outlined in this section.
For the purposes of this section, the following definitions apply:
1. "Eligible organization" means an organization that employs health care providers authorized to terminate a pregnancy.
2. "Identifying information" means any information that can be used to distinguish or trace an individual's identity, including but not limited to name, prior legal name, alias, mother's maiden name, or date or place of birth, in combination with any other information that is linked or linkable to an individual such as:
  1. Social security number, home address, mailing address, phone number, email address, social media accounts, or biometric data;
  2. Medical, financial, education, consumer, or employment information, data, or records;
  3. Any other sensitive private information that is linked or linkable to a specific identifiable individual, such as gender identity, sexual orientation, or any sexually intimate visual depiction; or
  4. Any information, including but not limited to usernames and passwords, that enables access to a person's email accounts, social media accounts, electronic forum accounts, chat or instant message accounts, cloud storage accounts, banking or financial accounts, computer networks, computers or phones, teleconferencing services, video-teleconferencing services, or other digital meeting rooms.
3. "Individuals without sufficient resources" means individuals who are: (i) Uninsured; (ii) underinsured, without sufficient abortion coverage; or (iii) unable to use their insurance due to the risks posed by communication from insurance carriers regarding coverage.

Section 3 ¶

The abortion savings account is created in the state treasury. Funds must be deposited into the account in accordance with the process outlined in section 1 of this act. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to provide grants under the abortion savings program created in section 2 of this act.