PREPROPOSAL STATEMENT OF INQUIRY
LABOR AND INDUSTRIES
Subject of Possible Rule Making: Chapter 296-17B WAC, Retrospective rating for workers' compensation insurance.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035, 51.04.020, and 51.18.010.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Changes to the retrospective rating rules are necessary based on the adoption of 2011 legislation, ESHB 1725 and EHB 2123. Specifically, rules will:
| • | Clarify that neither premiums paid nor reimbursements to employers for the Washington stay at work program will be included in calculations for retro adjustments. |
| • | Add new claim types specific to structured settlements. |
| • | Make changes and identify any information needed when retro employers pay for direct care services for their workers who have industrial injury or occupational disease claims. |
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agency will regulate this subject.
Process for Developing New Rule: The retro community and the public will have the opportunity to provide input for these rule changes. A public hearing will be held for the proposed rules as filed. Interested parties will be invited to provide comments prior to and at the hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by commenting to Tim Smolen, P.O. Box 44180, Olympia, WA 98504-4180, e-mail Tim.Smolen@lni.wa.gov, phone (360) 902-4835, fax (360) 902-4258.
March 20, 2012
Judy Schurke
Director