Legislative Reform: Senate Bill 5847


Recognizing that administrative changes alone were insufficient, a coalition of workers’ compensation attorneys and advocates pursued legislative reform. The Washington State Association for Justice (WSAJ), a leading civil justice advocacy organization with more than 2,400 members, played a central role in advancing these efforts.


During the 2026 legislative session, this coalition successfully supported passage of Engrossed Second Substitute Senate Bill 5847. The bill passed with strong majorities in both chambers and was delivered to the Governor on March 12, 2026.


Key Reforms in the 2026 Legislation


The legislation introduces several significant reforms aimed at restoring balance to the system and improving access to care.


Individualized Treatment Decisions The law codifies the principle established in Murray, emphasizing that treatment decisions must be individualized. It expressly states the Legislature’s intent to increase access to medical care and ensure that determinations regarding treatment for workplace injuries and occupational diseases are made on a case-by-case basis.


Protection of Worker Choice


The bill strengthens protections for injured workers’ choice of provider. Employers are prohibited from requiring or coercing workers to seek treatment from a specific provider or clinic. Coercion is broadly defined to include threats, retaliation, or improper pressure, and L&I is required to investigate violations and impose penalties where appropriate.


Access to Non-Network Providers


To address access gaps, the legislation establishes a clear pathway for workers who cannot find a willing network provider within 25 miles of their home. In such cases:


• The worker may notify L&I or the self-insured employer; • The agency must assist in locating a provider within specified timelines; and


• If no provider is available, the worker may seek care from a non- network provider who agrees to comply with L&I fee schedules and rules.


Flexibility in Treatment Guidelines


The law clarifies that network providers may deviate from L&I treatment guidelines when medically appropriate. It also imposes stricter timelines on utilization review, requiring decisions within ten business days once necessary information is received. If the deadline is not met, treatment is deemed authorized.


Continued Care After Claim Closure


The legislation expands the ability to authorize continued treatment in certain cases of permanent partial disability where necessary to protect the worker’s health. It also removes advance authorization requirements in specified circumstances, reducing administrative barriers to care.


Due Process for Providers


When L&I removes a provider from the MPN, it must now provide written notice, and the provider has the right to appeal to the Board of Industrial Insurance Appeals. This ensures greater transparency and fairness within the network.


Improved Claims Management


The bill addresses administrative inefficiencies by authorizing L&I to hire additional claims managers to reduce caseloads. It establishes reporting requirements and long-term performance evaluations to measure the impact of these changes on claim costs, timeliness, and access to care.


Conclusion


The creation of the Medical Provider Network marked a significant evolution in Washington’s workers’ compensation system. While the MPN initially expanded access and introduced greater structure to medical care, its implementation revealed important shortcomings, particularly in the areas of provider autonomy, timely treatment, and worker choice.


The reforms enacted in the 2026 bill represent a meaningful effort to address these issues. By reinforcing individualized medical decision-making, protecting worker choice, improving access to providers, and increasing system accountability, the legislation seeks to restore balance and ensure that injured workers receive timely and appropriate care.


As these changes take effect, their success will ultimately be measured by whether they deliver on that core promise: a workers’ compensation system that is fair, efficient, and responsive to the needs of injured workers across Washington State.


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