Preproposal statement of inquiry was filed as WSR 10-12-045.
Title of Rule and Other Identifying Information: Chapter 182-04 WAC, Public access to information and records.
Hearing Location(s): Health Care Authority (HCA), 676 Woodland Square Loop S.E., The Sue Crystal Center, Olympia, WA, on August 26, 2010, at 3:00 p.m.
Date of Intended Adoption: August 27, 2010.
Submit Written Comments to: Jason Siems, HCA Rules Coordinator, 676 Woodland Square Loop S.E., P.O. Box 42700, Olympia, WA 98504-2700, e-mail Jason.firstname.lastname@example.org, fax (360) 923-2606, by August 26, 2010.
Assistance for Persons with Disabilities: Contact Nikki Johnson by August 19, 2010, TTY (888) 923-5622 or (360) 923-2805.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amendment of the rules is needed to reflect changes in state law, technology and HCA processes.
Statutory Authority for Adoption: RCW 41.05.160, 42.56.040, and 70.02.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jason Siems, 676 Woodland Square Loop, Lacey, WA, (360) 923-2720.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The joint administrative rules review committee has not requested the filing of a small business economic impact statement, and there will be no costs to small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules [review] committee or applied voluntarily.
July 19, 2010
AMENDATORY SECTION(Amending WSR 97-21-125, filed 10/21/97, effective 11/21/97)
WAC 182-04-010 Purpose. The purpose of this chapter shall be to insure compliance by the Washington state health care authority (HCA) with the provisions of chapter ((
42.56 RCW dealing with public records.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-010, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-010, filed 8/26/77.]
(1) "HCA" means the Washington state health care authority, created pursuant to chapter 41.05 RCW.
(2) "Public record" is defined in RCW 42.56.010. Except
as otherwise provided by law, public records include((
(( writing)) written or recorded communication containing
information relating to the conduct of (( government)) the HCA
or the performance of any governmental (( agency or the
performance of any governmental)) or proprietary
(( information)) function prepared, owned, used, or retained by
(3) "Writing" ((
means all means of recording any form of
communication or representation as defined in RCW 42.17.020(28))) is defined in RCW 42.56.010. It includes
handwriting, typewriting, printing, photostatting,
photographing, and every other means of recording any form of
communication or representation including, but not limited to,
letters, words, pictures, sounds, or symbols, or combination
thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, motion picture, film and video
recordings, magnetic or punched cards, discs, drums,
diskettes, sound recordings, and other documents including
existing data compilations from which information may be
obtained or translated.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-015, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-015, filed 8/26/77.]
The public disclosure officer, or designee, shall
respond promptly to requests for disclosure.)) Within five
business days after receiving a request, the HCA public
disclosure officer, or designee (( shall respond by)) will:
Providing)) Provide the record(s);
Acknowledging the)) Acknowledge your request and
(( providing)) give you a reasonable estimate of (( the time it
will take to respond to the request)) how long the HCA will
need to provide the records. If the request is not clear, the
public disclosure officer may ask you for more information
(see WAC 182-04-027). If you fail to clarify the request, the
public disclosure officer need not respond to it; or
Denying)) Deny all or part of the public record
request in writing with the reason(s) for the denial (see WAC 182-04-050 and 182-04-053).
In acknowledging receipt of a public record request
that is unclear, the public disclosure officer may ask the
requestor to clarify what information the requestor is
seeking. If the requestor fails to clarify the request, the
public disclosure officer need not respond to it.)) At his or
her discretion, the public records officer may send the
requested records to you by e-mail, fax, or regular mail. The
records may be delivered on computer or compact disks, or by
use of other methods of transmittal or storage.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-025, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-025, filed 8/26/77.]
(1) Locate and gather the information requested;
(2) Notify an individual or organization affected by the request;
(3) Determine whether the information requested is exempt from disclosure and whether all or part of the public record requested can be released; or
(4) Contact you to clarify the intent, scope or specifics of the request. If you fail to clarify the request, the HCA may not have to respond to your request.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-035, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-035, filed 8/26/77.]
A request shall be made in writing or upon the form
prescribed in WAC 182-04-070, which shall be available at the
HCA. The form shall be presented to the public disclosure
officer; or to any member of the agency's staff, if the public
disclosure officer is not available, at the office of the
agency during customary office hours.)) Public record requests
should be made in writing. The HCA accepts written public
record requests made in person or sent by e-mail, fax, or
mail. To assist members of the public to make a formal
request, forms are available on the HCA web site or by
contacting the public records officer. A request need merely
identify with reasonable certainty the record sought to be
disclosed. (( If the matter requested is referred to within
the current index maintained by the public disclosure officer,
a reference to the requested record as it is described in such
current index is desirable.))
(2) If the HCA form is not used, the public record request should be in writing and include all of the following information:
(a) The name and contact information of the person requesting the record;
(b) The calendar date on which the request was made;
(c) A statement that the requested records are not to be used for commercial purposes; and
(d) A detailed description of the record requested sufficient to make it identifiable.
(3) In all cases in which a member of the public is
making a request, ((
it shall be the obligation of)) the public
disclosure officer or staff member (( to)) will assist (( the
member of the public in)) to appropriately (( identifying))
identify the public record requested, if necessary.
(3) When the law makes a record disclosable to a
specific person, a requestor may be required to provide
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-040, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-040, filed 8/26/77.]
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-041, filed 10/21/97, effective 11/21/97.]
(2) The ((
agency shall)) HCA collects the following fees
to reimburse the (( agency)) HCA for its actual costs incident
to providing copies of public records:
(a) Fifteen cents per page for black and white
, plus sales tax)); and
(b) The cost of postage, if any.
(3) Copies of some records may be provided electronically or on disk to the requestor at no charge.
(4) The public disclosure officer is authorized to waive
the foregoing costs. ((
Factors considered in deciding whether
to waive costs include, but are not limited to: Providing the
copy will facilitate administering the program, and/or the
expense of processing the payment exceeds the copying and
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-045, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-045, filed 8/26/77.]
(2) Pursuant to RCW 42.17.260, the HCA reserves the right to delete identifying details when it makes available or publishes any public record, in any case where there is reason to believe that disclosure of such details would be an invasion of personal privacy or vital governmental interest protected by chapter 42.17 RCW. The public disclosure officer will fully justify such deletion in writing in such a way so that the nature of the deleted information is made known.
(3) If disclosure is denied, the requestor is entitled to a written explanation of the denial which cites the relevant exemption and an explanation of how it applies to the record being denied.)) Certain records that you wish to review or copy are exempt from disclosure because of federal or state laws. If a record is exempt from disclosure, you will be informed in writing of the reasons why the HCA is withholding the record.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-050, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-050, filed 8/26/77.]
(2))) If the HCA denies your public record request, you may ask the HCA to review the denial. To request a review, you must make your request in writing.
Following receipt of a written request for review of a
decision denying a public record request, the disclosure
shall immediately)) will consider the matter and
either affirm or reverse (( such)) the denial. (( Such review
shall be deemed completed at the end of the second business
day following the receipt by the disclosure officer of the
request for review.)) This shall constitute final (( agency))
HCA action for the purposes of judicial review, pursuant to
RCW (( 42.17.320)) 42.56.520.
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-055, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-055, filed 8/26/77.]
(1) Inspection of any public records shall be conducted
only during working hours as specified in WAC 182-04-035
with)) in the presence of an HCA employee;
No public record shall be removed from the main
office without the approval of the public disclosure officer
or his/her designee;)) Original records cannot be removed from
the HCA building. The HCA has a duty to protect public
records (see RCW 42.56.100);
(3) Public records shall not be marked, torn, or otherwise damaged;
(4) Public records must be maintained as they are in file or in a chronological order, and shall not be dismantled except for purposes of copying and then only by an HCA employee;
(5) Access to file cabinets and other places where public
records are kept is restricted((
, and shall be used by
employees of the HCA)).
[Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-060, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-060, filed 8/26/77.]
The information requested in Blocks 4 through 6 is not mandatory, however, the completion of these blocks will enable this office to expedite your request and contact you should the record you seek not be immediately available.
4. Phone Number
|. . . . . . . . . . . .|
|2. Address||5. Representing (if applicable)|
|. . . . . . . . . . . .|
|3. Zip Code||6. If urgent -
|. . . . . . . . . . . .|
Below please state what record(s) you wish to inspect and be as specific as possible. If you are uncertain as to the type or identification of specific record or records we will assist you.
I certify that the information requested from the above record(s) will not be part of a list of individuals to be used for commercial purposes.
|(Signed) . . . . . . . . . . . .|
|Date . . . . . . . . . . . .|
Return the request for inspection of records to:
Public Disclosure Office
Health Care Authority
676 Woodland Square Loop S.E.
Post Office Box ((
Olympia, Washington ((
[Statutory Authority: RCW 41.05.160 and chapter 41.05 RCW. 98-17-063, § 182-04-070, filed 8/17/98, effective 9/17/98. Statutory Authority: RCW 41.05.160. 97-21-125, § 182-04-070, filed 10/21/97, effective 11/21/97; Order 01-77, § 182-04-070, filed 8/26/77.]