WSR 14-04-021

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 27, 2014, 8:10 a.m.]

Subject of Possible Rule Making: Chapter 246-120 WAC, creating a new chapter regarding the secretary of health's authority to issue civil penalties against health carriers and third-party administrators. WAC 246-10-501 Application of brief adjudicative proceedings, amending to allow agency adjudicative proceedings involving civil penalties against health carriers and third-party administrators to be conducted under a brief adjudicative proceeding.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.290.060.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: State law requires the secretary of health to fine health carriers and third-party administrators for late payment to the Washington Vaccine Association. The Washington Vaccine Association details the conditions and procedures regarding late payment in its legally binding plan of operation. Rule making will secure the secretary's ability to fine health plans and third-party administrators in connection with the conditions established in this plan of operation.

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

Process for Developing New Rule: Collaborative.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jeff Wise, Washington State Department of Health, P.O. Box 47843, Olympia, WA 98504, phone (360) 236-3483, fax (360) 236-3590, e-mail jeff.wise@doh.wa.gov. Public notice of rule-making activity and opportunities to submit written comments will be posted on the department's web site http://www.doh.wa.gov/AboutUs/DepartmentofHealth/RuleMaking/RuleMakingActivity.aspx. Testimony from interested parties will be taken at a scheduled public hearing held by the department.

January 24, 2014

John Wiesman, DrPH, MPH

Secretary