Subject of Possible Rule Making: The insurance commissioner is considering adopting a rule that will require health carriers to permit a contracted provider to select another provider who will serve as a substitute in the absence of the contracted provider for a period of no more than sixty days in a period of substitution, whether or not the substitute is a member of the carrier's network. This is commonly referred to as a "locum tenens" provision.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 48.02.060, 48.43.515.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: On September 28, 2005, the Washington State Chiropractic Association formally petitioned the insurance commissioner for the adoption of a rule requiring carriers to include a "locum tenens" provision in contracts with chiropractors. The commissioner carefully considered the petition and has elected to initiate rule making on this topic. It is expected that the resulting rule will affect all provider types, not only chiropractors.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: Submit written comments by December 12, 2005.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Kacy Scott, P.O. Box 40255, Olympia, WA 98504-0255, fax (360) 586-3109, e-mail KacyS@oic.wa.gov.

November 2, 2005

Mike Kreidler

Insurance Commissioner