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The state's RFK-proofing bill comes with a cost

About the Author
Elizabeth New
Director, Center for Health Care and Center for Worker Rights

Washington state’s health insurance system is already weighed down by mandates and rising costs. House Bill 2242 reinforces both. It was one of the session’s more visible health care bills, pushed by the governor and the Office of the Insurance Commissioner (OIC).

Supporters framed the legislation as a defense of science. In reality, it is a declaration of independence from federal health officials in the other Washington, whom state Democrats do not trust. The bill preserves no-cost insurance coverage for preventive services under state authority, even if federal recommendations change. It does not require anyone to get vaccinated. But it does keep insurers on the hook for preventive services and immunizations without cost-sharing under rules set by Washington state rather than federal guidance.

That political motive was not hidden. Gov. Bob Ferguson said the state government needed to protect residents from “the chaos of the federal government.” State Insurance Commissioner Patty Kuderer celebrated the bill and said it would keep recommendations in the hands of medical experts rather than federal political appointees. But that framing ignores expert input that federal officials also receive and suggests one level of government is guided by science while the other is guided by politics. It also ignores a basic reality: science evolves, sometimes dramatically, as new evidence emerges. COVID-19 made that hard to ignore. And government recommendations do not become apolitical simply because they come from Washington state instead of Washington, D.C. The real effect of the bill is not to remove politics from health care, but to shift more authority to the state while keeping insurers on the hook for the cost.

While lawmakers congratulated themselves for RFK-proofing Washington, they gave too little attention to the more practical question: Who pays?

The answer is not mysterious. When the state requires insurers to cover services with no cost-sharing, those costs do not vanish. They are built into premiums, plan design and the broader cost of coverage. The Washington state Legislature already has a habit of talking about health care affordability while at the same time layering on new mandates. HB 2242 fits that pattern.

To be fair, there are good public-health arguments for the bill. Preventive care can improve health outcomes. Vaccine access can reduce more expensive problems later. But if lawmakers believe the bill’s long-term benefits justify the cost to consumers, they should have made that the lede and focus. Instead, much of the public case for HB 2242 was a rebuke to federal officials rather than a careful explanation of why this added mandate is worth the price.

The fiscal discussion around HB 2242 focused largely on administrative implementation, and the official fiscal note did the job of addressing state agency costs, including rulemaking by the OIC. Fiscal discussion did not meaningfully address the downstream effects on private insurance premiums.

Lawmakers need a better grasp of the cumulative cost of health coverage mandates they pass. Consumers understand it all too well because they see it every year in higher premiums and less affordable coverage.

The House bill report lists no opposition testimony and includes the Association of Washington Healthcare Plans among those testifying in support. That may reassure supporters, but it should not end the conversation. A bill can be politically convenient, regulator-approved and still contribute to a health care system that keeps getting more expensive for the people forced to live in it.

HB 2242 is not a vaccine mandate, as some feared. It is another state coverage mandate enacted in the language of resistance politics. Many lawmakers wanted to show they trust government in Olympia more than government in Washington, D.C. Fine. But the stronger defense of this bill would have focused on public health, long-term savings and a clear justification for those mandated costs. In a system already bloated with mandates, middlemen and political jabs, affordability deserves more than an afterthought.

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