PREPROPOSAL STATEMENT OF INQUIRY
INSURANCE COMMISSIONER
Subject of Possible Rule Making: The commissioner will consider new rules to implement the recently enacted "patient bill of rights," chapter 5, Laws of 2000 (E2SSB 6199). This rule making will focus specifically on the issue of health information privacy. In addition, the commissioner will consider ways to coordinate issues of health information privacy with federal privacy initiatives.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.18.120, 48.20.450, 48.20.460, 48.30.010, 48.44.050, 48.46.100, 48.46.200, section 5, chapter 5, Laws of 2000.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The legislature granted rule-making authority or mandated rules to implement this aspect of the patient bill of rights which cannot be implemented by their effective dates without rules. The legislature expressly provided that the commissioner consider national and local standards to create more detailed guidance for insurers. More detailed guidance is particularly necessary for privacy in order to create uniform standards across all health plans.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Other state agencies are expressly subject to any rules adopted under the patient bill of rights. The commissioner will work with these state agencies to develop a coordinated approach to consumer protection. The commissioner will also consider relevant federal agency activity to avoid conflicting standards.
Process for Developing New Rule: Agency study; and please send any comments regarding this rule to Kacy Brandeberry, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacyb@oic.wa.gov, fax (360) 664-2782, by August 5, 2000.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Brandeberry, P.O. Box 40255, Olympia, WA 98504-0255, e-mail Kacyb@oic.wa.gov, fax (360) 664-2782, by August 5, 2000.
June 21, 2000
D. J. Patin
Deputy Commissioner