WSR 05-03-007

PROPOSED RULES

DEPARTMENT OF HEALTH


(Office of Community and Rural Health)

[ Filed January 6, 2005, 10:53 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-12-121.

     Title of Rule and Other Identifying Information: WAC 246-564-010 Volunteer retired provider malpractice insurance program: Qualified practice settings, this proposal is the result of SHB 2788 passed during the 2004 legislative session.

     Hearing Location(s): Point Plaza East, Room 152, 310 Israel Road S.E., Tumwater, WA 98501, on March 14, 2005, at 10:00 a.m.

     Date of Intended Adoption: March 28, 2005.

     Submit Written Comments to: Robin Walker, P.O. Box 47834, Olympia, WA 98504-7834, e-mail http://www.doh.wa.gov/policyreview/, fax (360) 664-9273, by March 7, 2004.

     Assistance for Persons with Disabilities: Contact Robin Walker by February 28, 2005, TTY (800) 833-6388 or (360) 236-2810.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to expand authorized practice settings for the volunteer retired provider malpractice insurance program (VRP). The proposal will increase the number of VRP practice settings and thus increase the options for health care providers who want to volunteer their time. There are no existing rules for the volunteer retired provider program currently.

     Reasons Supporting Proposal: This rule will increase access to healthcare services for low income patients.

     Statutory Authority for Adoption: RCW 43.70.460 and 43.70.470.

     Statute Being Implemented: RCW 43.70.460 and 43.70.470.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting: Robin Walker, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2810; Implementation: Diana Ehri, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2813; and Enforcement: Kris Sparks, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2800.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not impose costs on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. This rule is not a significant rule under RCW 34.05.328. The proposal does not subject anyone to penalty, or involve licensure requirements and these rules further clarify operation of an existing program.

January 5, 2005

M. C. Selecky

Secretary

OTS-7513.4

Chapter 246-564 WAC

VOLUNTEER RETIRED PROVIDER MALPRACTICE INSURANCE PROGRAM


NEW SECTION
WAC 246-564-001   Purpose.   The volunteer retired provider malpractice insurance program (VRP) was established under RCW 43.70.460 and 43.70.470, and is administered by the department of health. The VRP program serves low-income patients by increasing access to health care services. The program pays the malpractice insurance for volunteer health care providers in qualified practice settings.

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NEW SECTION
WAC 246-564-010   Qualified practice settings defined.   Qualified practice settings include any of the following:

     (1) Public or tax exempt corporations.

     (2) For-profit practice settings that maintain and hold themselves out to the public as providing health care services to Medicaid patients and post a sliding fee scale.

     (3) For-profit practice settings that have established hours on a regular basis for providing free health care services.

     (4) For-profit practice settings that participate, through a written agreement, in a community-based program to provide access to health care services for uninsured persons.

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