Subject of Possible Rule Making: WAC 296-20-03002 Treatment not authorized and 296-20-03014 Which drugs have specific limitations.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The decision in Roller v. Department of Labor and Industries, 128 Wash. App. 922, 117 P.3d 385 (2005) stated that it was not clear that intrathecal pumps were noncovered health care treatments. This rule will make it clear that the department and self-insured will not pay for intrathecal pumps and the medications administered via intrathecal pumps. The anticipated effect would be safer and more efficacious treatment.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington workers' compensation benefits as well as the benefits paid to victims of crimes are both governed by Title 51 RCW, Washington's Industrial Insurance Act. There are no other state or federal agencies responsible for interpreting and enforcing the provisions of this act.

     Process for Developing New Rule: Parties interested in participating in the development of these rules may contact the person listed below. The public may also participate by providing written comments during the comment period or giving oral testimony at public hearings. The rule will be developed in consultation with major stakeholders and the following interested parties: Workers' compensation advisory committee.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka, Department of Labor and Industries, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321, phone (360) 902-4941, or fax (360) 902-6315.

June 20, 2006

Gary Weeks

Director

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