New regulations from the Office of the Insurance Commissioner will limit consumer choice and undermine ABA settlements in Washington.

The new regulations, which will be finalized this month,  is the first half of what is to be a two-part rule-making process.

We applaud and endorse comments by Eleanor Hamburger of Sirianni Youtz Spoonemore Hamburger regarding Network Adequacy Rulemaking.

The problem is that the new rules will take out the very few standards on network adequacy in existing regulation, and place so much discretion in the OIC that consumers may be unable to enforce network adequacy on our own.  For many of our members in need of ABA , if clear firm standards are not imposed, health insurers will continue their very limited and often non-existent networks of ABA specialists in rural areas, and we will not be able to advocate for a more inclusive network.

Unfortunately, we have had virtually no enforcement in this area from the OIC (except for related to the Exchange), and the proposed rules will make it much harder for to enforce network adequacy through advocacy.

Now is not the time to reinforce adequate network of providers, especially in rural areas.  We must strengthen, rather than smother, the ability to advocate for a more inclusive network that will ensure Washington residents have access to affordable, quality health care choices including behavioral health and ABA specialists.