WSR 14-20-040

PREPROPOSAL STATEMENT OF INQUIRY

[Filed September 24, 2014, 10:39 a.m.]

Subject of Possible Rule Making: New WAC 182-61-0005 Records including health care information.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160, and 70.02.290.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 70.02.290 requires the health care authority (HCA) to adopt a rule on the subject of records that include health care information. All state or local agencies obtaining patient health care information pursuant to RCW 70.02.050 and 70.02.200 through 70.02.240 that are not health care facilities or providers shall adopt rules establishing their record acquisition, retention, destruction, and security policies that are consistent with this chapter.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules regulate this subject. 45 C.F.R. Part 164 Subparts C and E. The Health Care Information Act, chapter 70.02 RCW, does also, and includes the section requiring this rule.

Process for Developing New Rule: HCA welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, HCA will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting George Taylor, P.O. Box 42700, Olympia, WA 98504-2700, phone (360) 725-1116, fax (360) 586-9727, TTY 1-800-848-5429, e-mail george.taylor@hca.wa.gov.

September 24, 2014

Kevin M. Sullivan

Rules Coordinator