PDFWAC 284-170-131
Definitions applicable to RCW 48.43.732.
The following definitions apply only to RCW 48.43.732 and WAC 284-170-441, 284-170-445, and 284-170-447.
(1) "Cause to be made" means initiating, arranging, or directing another entity to make a public statement defined in this section.
(2) "Control" including the terms "controlled by" and "common control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a health care provider or health care facility, such as through ownership of voting securities, membership rights, or by contract.
(3) "Health care provider" and "health care facility" have the same meaning as defined in RCW 48.43.005.
(4) "Notices" mean letters or other written notifications sent directly to enrollees, by physical mail or electronically, including communicating through enrollees' electronic health records or portals, regarding expiring or terminating provider contracts described in RCW 48.43.732.
(5) "Otherwise affiliated with" or "affiliated with" means:
(a) A health care provider that directly, indirectly, or through one or more intermediaries, is controlled by or is under common control or ownership with a facility; or
(b) A health care provider that operates all or a substantial part of the health care services or property of a facility under a lease, management, or operating agreement.
(6) "Provider contract" has the same meaning as defined in RCW 48.43.732.
(7) "Public statement" means written or verbal communication, whether made electronically, orally, or through physical documents, by health care providers, health care facilities, carriers, or health care providers employed by, contracted with, or otherwise affiliated with a health care facility:
(a) Made to health plan enrollees or patients; or
(b) Made accessible to the public.
"Public statement" includes, but is not limited to, notices, press releases, opinion articles such as op-eds, web pages, emails, social media posts, letters, communication through electronic health records, and individual verbal, written, or electronic communications. "Public statement" does not include communications that are internally shared within a carrier, health care facility, or health care provider organization exclusively for business planning purposes.
(8) "Specific legal obligation" and "legal obligation" means a statutory, regulatory, judicial, or other legal requirement obligating a carrier, health care provider, or health care facility to take a specific action.