Washington – The Washington State Hospital Association (WSHA) is suing the Department of Health over its interpretation of Washington’s charity care law.
In July 2022, the list of people who can be treated at Washington hospitals without having to pay out-of-pocket costs grew significantly. A new law expanded eligibility for charity care. This means that people earning 300% of the federal poverty level will not have to pay any out-of-pocket costs for care at a major hospital. People who earn 301-400% of the Federal Poverty Rate qualify for a discount.
If you’re not sure which category you fall into, you can check your eligibility here.
The state attorney general’s office requested the change in 2021, saying that even with insurance, hospital costs can be devastating for middle-class families.
WSHA officials say they worked with lawmakers on the expanded eligibility, and it is not yet clear how the changes have affected hospital budgets. Their concern is a change announced by the Department of Health.
“It’s a reinterpretation of the law,” explains Taya Briley, WSHA’s executive vice president and general counsel. “This reinterpretation is a departure from 30 years of reading the law in a way that we agree with, which is that charity care should be provided to Washington residents and should be provided to individuals from anywhere in the world when they have an emergency.”
Briley says the state is telling hospitals to prepare to provide charity care to anyone in the country – or the world – who qualifies, if they can make it to a Washington hospital.
“Whether they’re coming from far away to get complex cancer treatments that might be available here, or they’re coming to Washington from Idaho for more routine types of care, we’re concerned that this could create problems for communities across the state in terms of access to care.”
Washington hospitals are still working to recover from the pandemic, when staff shortages and overwhelming demand forced some to take emergency measures. While they are seeing encouraging signs of recovery, Briley says a change like the one ordered by the Department of Health and Human Services could be devastating.
“We’re really worried about it. We have managed our way through COVID and with a lot of grit and determination we have been able to get people the care they need. And I just really hope that we don’t inadvertently – through this reinterpretation – end up in scenarios where people have trouble getting access to care again,” says Briley.
The case has been filed in Thurston County, but no hearing date has been set at the time of publication.