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2ESSB 5594

Momentum Bucket Strong Momentum
Legal Title AN ACT Relating to reducing prescription drug costs by eliminating barriers impeding access to biosimilar medicines and interchangeable biological products;
Bill Description Concerning biosimilar medicines. (REVISED FOR ENGROSSED: Concerning biosimilar medicines and interchangeable biological products.)
What this bill does
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The bill is an amendment to several existing Washington statutes (including RCW 48.43.420, 41.05.410, 69.41.120, and 69.41.125) that changes procedures for prescription drug coverage, pharmacist substitution of biological products, data reporting for qualified health plans, and certain contracting requirements for plans offered on the exchange. It does not create a new criminal offense or change criminal penalties; it primarily makes procedural and coverage-rule changes to existing law. On coverage and utilization management, health carriers and prescription drug utilization management entities must provide a clear, readily accessible exceptions process to override utilization management when a treating provider prescribes a drug. The bill specifies what information must be posted about the process, defines clinical grounds on which exceptions must be granted (for example, contraindication, expected ineffectiveness, prior discontinuation for lack of efficacy or adverse event, current positive therapeutic outcome, or other documented medical appropriateness reasons), requires authorization of coverage when an exception is granted, and sets strict timelines for decision-making (nonurgent: notice within 3 business days if more info needed and decision within 3 business days after sufficient info; urgent: notice within 1 business day if more info needed and decision within 1 business day after sufficient info). If the carrier does not respond within those timeframes the request is deemed granted. The bill also requires carriers to cover emergency supply fills when needed to keep a patient stable, allows stabilized patients to remain on a drug during the exception process, requires 60 days’ notice before new utilization management policies take effect, and requires denials to cite the clinical review criteria in RCW 48.43.410 and explain appeal rights. The section preserves the ability to require an AB-rated generic or an interchangeable biological product before a brand, allows requiring a biosimilar trial before branded coverage beginning January 1, 2027, and permits denial of exceptions for drugs removed from the market for FDA safety reasons. On pharmacists and qualified health plans, the bill requires qualified health plans to comply with authority-established requirements to address pharmacy benefit spending and to provide cost and quality data to the authority on request; such submitted data is exempt from public disclosure under RCW 42.56.650. Pharmacists may substitute therapeutically equivalent drugs or interchangeable biological products unless the prescriber prohibits substitution (for example, by indicating "dispense as written"), must note practitioner instructions and the manufacturer of the dispensed product on prescription records, and must retain those records per RCW 18.64.245. A pharmacist may substitute an interchangeable biological product in stock when the consumer’s out-of-pocket cost for the substitute is less than for the prescribed product, unless the patient or prescriber has requested otherwise. The bill also amends contracting rules under RCW 41.05.410 to require the authority to contract to offer qualified health plans on the exchange for plan years beginning in 2021, with contracting carriers required to offer at least one bronze, silver, and gold plan in a county or multiple counties; the authority may not execute a contract until the insurance commissioner gives final approval of rates, forms, and certification under RCW 43.71.065. Important context is missing: the text cuts off mid-provision in RCW 41.05.410, the full amendments to RCW 69.41.120 and 69.41.125 are not fully shown here, and the statutory identity or definition of "the authority" referenced in these provisions is not provided in the extracted facts.
Why it matters
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If enacted, patients and their prescribers should get faster and clearer access to drugs a provider wants when an insurer normally requires a different product. Health plans and utilization managers must publish plain-language exception steps and respond quickly to requests (often within one business or three business days), and a request that gets no timely answer is counted as approved. Insurers must cover emergency fills and let stabilized patients stay on their current drug while an exception is decided. At the same time, insurers are allowed to require trying biosimilars before a branded biologic starting January 1, 2027, so patients may see more use of biosimilars over time even as exception rules make it easier to stay on a prescribed product in the short term. Health carriers and qualified health plans will need to adopt or update processes, post criteria, train staff, and meet tight response timelines, which raises administrative costs and operational responsibility. Qualified plans must also supply cost and quality data to "the authority" on request (that data is shielded from public disclosure), increasing reporting duties but lowering risk of public data exposure. Pharmacists can substitute interchangeable biological products unless the prescriber or patient objects, must record the manufacturer, and keep prescription records, which may shift dispensing choices toward lower out-of-pocket options for patients. Some important details are missing from the provided text—such as the exact identity and powers of "the authority" and the full language of several amended sections—so how enforcement and some specifics will work in practice is unclear.
Official Documents View Full Bill Text
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2ESSB 5594 Details and Bill Topics

Details

Date Introduced 02/18/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $3,614,058.00

Bill Topics

HEALTH INSURANCE

2ESSB 5594 Sponsors and Committee Hearings

Sponsors

Senator Harris (Primary)
Senator Cleveland
Senator Hasegawa
Senator Shewmake

Committee Hearings

Hearing Senate Health & Long-Term Care (Public)
Hearing Senate Health & Long-Term Care (Executive)
Hearing House Health Care & Wellness (Public)
Hearing House Health Care & Wellness (Public)
Hearing House Health Care & Wellness (Executive)
Go to 2ESSB 5594 at leg.wa.gov

2ESSB 5594 Bill Timeline

Strong Momentum
2/24/2026
SRules 3
Referred to Rules 2 Review.
2/24/2026
SRules 3
HCW - Majority; do pass.
2/24/2026
SRules 3
HCW - Executive action taken by committee.
1/20/2026
SRules 3
Returned to second reading for amendment.
1/20/2026
SRules 3
Rules suspended.
1/18/2026
SRules 3
Placed on third reading.
1/18/2026
SRules 3
Rules Committee relieved of further consideration.
1/11/2026
SRules 3
By resolution, reintroduced and retained in present status.
4/26/2025
SRules 3
By resolution, returned to Senate Rules Committee for third reading.
3/12/2025
SRules 3
First reading, referred to Health Care & Wellness.
3/10/2025
SRules 3
Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.
3/10/2025
SRules 3
Rules suspended. Placed on Third Reading.
3/10/2025
SRules 3
Floor amendment(s) adopted.
3/10/2025
SRules 3
1st substitute bill substituted.
3/4/2025
SRules 3
Placed on second reading by Rules Committee.
2/18/2025
SRules 3
Passed to Rules Committee for second reading.
2/17/2025
SRules 3
HLTC - Majority; 1st substitute bill be substituted, do pass.
1/29/2025
Ssubst for
First reading, referred to Health & Long-Term Care.

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