WSR 08-01-111

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 18, 2007, 1:53 p.m. ]

Subject of Possible Rule Making: WAC 296-23-250 Massage therapy rules, this is a medical aid rules update regarding rate setting for massage therapy services for injured workers. These updates may also impact rates for massage therapy services provided to crime victims.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The affected rule describes a change in the methodology for determining the maximum daily allowable payment for massage therapy services. The proposed rule change will set the daily limit for massage therapy services as a percentage of the maximum daily payment levels for physical and occupational therapy services contained in WAC 296-23-220 and 296-23-230. The effect of this rule change will be a reduction in the maximum daily allowable payment for massage therapy to a level that is more consistent with other payers.

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

Process for Developing New Rule: The department works with external stakeholders through its anesthesia and reimbursement technical advisory groups on updates to maximum daily reimbursement levels. The department coordinates these updates with the health care authority, the health and recovery services administration and the centers for medicare and medicaid services to insure consistent health care purchasing policies when possible. The proposed change will be presented to the advisory groups and publicized in a letter to interested persons.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Davis, Department of Labor and Industries, Health Services Analysis, P.O. Box 44322, Olympia, WA 98504-4322, phone (360) 902-6687, fax (360) 902-4249.

December 18, 2007

Judy Schurke

Director

Washington State Code Reviser's Office