Subject of Possible Rule Making: Chapter 296-20 WAC, Medical aid rules.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 5801 (chapter 6, Laws of 2011), and signed by the governor on March 14, 2011. Also, RCW 51.04.020 and 51.04.030.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The new statute directs the agency to establish a medical provider network and to expand the Centers for Occupational Health and Education. These agency actions will be phased in, beginning with this initial set of rules which includes but may not be limited to: (1) Establishing minimum standards for credentials of medical providers and other requirements for network participation; and (2) clarifying what constitutes patterns of risk of physical or psychiatric harm or death that determines when the department may remove a provider from the network. Under the new statute, injured workers of state fund and self-insured employers must obtain health services through the medical provider network, except for the initial medical visit.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This law directs the agency to establish a health care provider network for Washington workers' compensation governed by Title 51 RCW, Washington's Industrial Insurance Act. No other state or federal agencies are responsible for interpreting and enforcing the provisions of this act.

     Process for Developing New Rule: The rule will be developed in consultation with the advisory group established in SSB 5801, including:

     •     Members or designees of the workers' compensation advisory committee, the industrial insurance medical advisory committee, and the industrial insurance chiropractic advisory committee.

     •     The public may also participate by providing written comments during the comment period or giving oral testimony at public hearings.

     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, fax (360) 902-6315, e-mail jami.lifka@lni.wa.gov.

May 31, 2011

Judy Schurke

Director

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