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Supreme Court upholds alternative medicine law
Friday, January 14, 2000
By HUNTER T. GEORGE
OLYMPIA -- The Washington Supreme Court yesterday upheld a controversial state law requiring health insurance companies to cover such alternative medical services as chiropractic care, naturopathy and massage therapy.
Insurance Commissioner Deborah Senn hailed the high court's unanimous decision, saying it ends four years of legal challenges and clears the way for consumers to get comprehensive health care from any licensed provider in Washington.
"Choice of provider is the biggest single issue in health care," Senn said. "This law is one of the most popular health-care laws that the Legislature ever passed."
Washington health insurers would disagree.
They've been fighting the law since its approval in 1996, saying it's another government mandate that will result in higher costs for carriers, and ultimately, consumers.
But yesterday's ruling apparently marked the industry's last hope of blocking the law. The U.S. Supreme Court declined to hear an appeal last year, and the Washington Legislature has rebuffed repeated attempts to repeal the law.
The law requires insurance policies to provide coverage for treatments and services by every category of licensed health-care providers in Washington. Examples include acupuncturists, chiropractors and certified dietitians and nutritionists, according to the insurance commissioner's office.
The court ruled in a challenge brought by Seattle-based Regence BlueShield.
Regence accused Senn of interpreting the law too broadly by applying it to all health plans. Regence argued that the law should apply only to managed-care plans in which a patient's health coverage is managed by a "gatekeeper," usually a primary-care physician, and that it should not apply to traditional insurance plans.
But the court, in an opinion written by Justice Charles Johnson, concluded that Senn's interpretation was consistent with the Legislature's intent.
Regence spokesman Chris Bruzzo said the company is adjusting its policies to comply by March 1 along with the rest of the industry.
In Regence's case, it's unclear whether the regulations will result in higher insurance premiums, he said, adding that the company structured its benefits in such a way "that we hope the impact will be minimal."
Senn's office noted that the law does not change what is covered by health plans. Instead, it gives consumers more choices in who will treat their conditions.
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