CurrentWashington Office of the Insurance CommissionerPolicy N/A

Implementation of Chapter 389, Laws of 2025 (SSB 5579) — Restrictions on Public Statements

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Advisory guidance to health carriers, providers, and facilities on implementing SSB 5579 prohibiting public statements about potential or planned contract terminations until 45 days before termination, and related OIC actions and templates; affects health carriers offering plans in Washington and providers contracting with them.

Policy Summary

PayerWashington Office of the Insurance Commissioner

PolicyImplementation of Chapter 389, Laws of 2025 (SSB 5579) — Restrictions on Public Statements

Policy CodePolicy N/A

Change TypeAdvisory / Interpretive guidance

Effective DateJuly 27, 2025

Next Review DateN/A

Key ActionDo not make public statements about a provider contract expiration or intended termination until 45 days before the termination date, unless required by law or already publicly disclosed.

SourceLink

POLICY UPDATE CHANGES

No material clinical or coverage changes in this revision.

45minimum prohibition period (days)

Jul 27, 2025effective date

Jan 1, 2026enforcement begins

Dec 1, 2025notice template deadline

48termination notices observed

Compliance criteria and timelines

Key compliance obligations and timelines under SSB 5579 as interpreted by OIC:

Do not make public statements about a provider contract's expiration or intended termination until 45 days before the termination date, unless disclosure is required by law or the expiration/termination has already been publicly disclosed due to a legal obligation.

Do not make public statements by directly communicating with impacted health plan enrollees or patients regarding such expiration or termination until 45 days before the termination date.

Communications exclusively with the governor, legislators, or state agency staff regarding a potential or intended contract termination are not considered public statements and are excluded from the prohibition.

Public statements or communications with health plan enrollees or patients may not occur prior to the date the carrier, health care facility, or health care provider has given written notice of the termination to the other contracting party, unless both parties agree.

The substantive provisions of SSB 5579 (including Section 2) became effective July 27, 2025.

OIC will develop, distribute drafts for public comment, and finalize a standard notice template for consumer notices on or before December 1, 2025; notices must include at minimum: (i) the specific facility or facilities by name affected and whether hospital-based providers are affected; and (ii) directions to enrollees about appointments scheduled past the potential termination or expiration date.

OIC will forebear enforcement actions and formal referrals to licensing authorities until January 1, 2026; informational notices for violations occurring between July 27, 2025 and January 1, 2026 may be issued and are public records.

The law does not apply to provider contracts that are expiring or being terminated by an independent individual provider or a single-specialty or multispecialty group practice of five or fewer providers.

OIC will ensure carriers include Section 2 requirements in all provider contracts by January 1, 2027.

Operational timeline: OIC will ensure carriers include Section 2 requirements in all provider contracts by January 1, 2027.

Restrictions and timing for public statements

Denial Risk

Prohibition on public statements until 45 days before termination

Do not make or cause public statements (including direct communications with impacted health plan enrollees and patients) about a provider contract’s expiration or an intended termination until 45 days prior to the termination date, unless disclosure is required to satisfy a specific legal obligation or the expiration/termination already has been publicly disclosed because of a legal obligation. Communications exclusively with the governor, legislators, or state agency staff are not considered public statements.

Documentation Required

Public communications only after written notice to the other party

Do not communicate publicly with enrollees or patients about a termination before you have given written notice of the termination to the other contracting party; public communications prior to that written notice are only allowed if both parties agree.

Key definitions and standard notice language

inv-04: Public statements — definition / key points about what constitutes a public statement

DefinitionPublic statements include public statements or direct communications with impacted health plan enrollees and patients about a provider contract's expiration or intended termination.

Who is coveredApplies to health care providers, health care facilities, any provider employed by/contracted with/affiliated with a facility, and carriers.

Timing restrictionProhibits making or causing public statements about an expiring or intended termination until 45 days prior to the termination date, unless disclosure is required by law or has already been publicly disclosed due to legal obligation.

Excluded communicationsCommunications exclusively with the governor, legislators, or state agency staff are not considered public statements.

Limit relative to written noticePublic statements or communications with enrollees or patients may not occur before the party has given written notice of termination to the other contracting party, unless both parties agree.

inv-05: Standard template language for notices to enrollees — OIC-prescribed notice template guidance

Mandate to develop templateOIC must develop standard template language for notices sent to health plan enrollees and patients in consultation with carriers, providers, facilities, and consumers by December 1, 2025.

Minimum elementsThe statute specifies minimum required elements that the notice template must include (these minimum elements are set out in statute).

Scope of useTemplates are for notices sent by health carriers, health care facilities, or health care providers to health plan enrollees and patients.

Finalization deadlineThe template must be finalized by December 1, 2025.

Related operational requirementOIC will ensure carriers include the Section 2 requirements in all provider contracts by January 1, 2027; enforcement regarding carriers may begin January 1, 2026.

Policy Summary

PayerWashington Office of the Insurance Commissioner

PolicyImplementation of Chapter 389, Laws of 2025 (SSB 5579) — Restrictions on Public Statements

Policy CodePolicy N/A

Change TypeAdvisory / Interpretive guidance

Effective DateJuly 27, 2025

Next Review DateN/A

Key ActionDo not make public statements about a provider contract expiration or intended termination until 45 days before the termination date, unless required by law or already publicly disclosed.

SourceLink

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