PREPROPOSAL STATEMENT OF INQUIRY
LABOR AND INDUSTRIES
Subject of Possible Rule Making: WAC 296-15-350 Handling of claims and 296-15-360 Qualifications of personnel, chapter 296-15 WAC governs employers who are permitted to self-insure their workers' compensation obligation pursuant to Title 51 RCW. This filing includes modifications to WAC 296-15-350 and 296-15-360. The modifications will clarify the continuing education requirements for certified claims administrators who choose to recertify via continuing education.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.20 [51.04.020], 51.14.020, 51.32.190, 51.14.090, and 51.14.095.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In response to a request from stakeholders, the department has agreed to modify WAC 296-15-360. The rule currently requires that a certified claims administrator who chooses to recertify via continuing education earn seventy-five continuing education credits, with a minimum number of credits in three different categories. Those categories are named, but not currently defined in rule. The modified rule will rename one category from "elective" to "general claims education," provide a definition for each category, and clarify how course credits are assigned.
In addition, the department plans to modify WAC 296-15-350 to change the term "department-approved claims administrator" to "certified claims administrator," consistent with the terminology used in WAC 296-15-360.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local, or federal agency regulates this subject.
Process for Developing New Rule: Labor and industries will work with representatives of the labor and self-insured employer communities on all changes to WAC 296-15-350 and 296-15-360. A public hearing will be held in Tumwater after the proposal is filed.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Ginny Klapstein, Department of Labor and Industries, Self-Insurance Section, P.O. Box 44890, Olympia, WA 98504-4890, phone (360) 902-6748, fax (360) 902-6977, e-mail Ginny.Klapstein@Lni.wa.gov.
March 19, 2013