WSR 16-07-065
PREPROPOSAL STATEMENT OF INQUIRY
OFFICE OF
FINANCIAL MANAGEMENT
[Filed March 15, 2016, 3:01 p.m.]
Subject of Possible Rule Making: The subject of this rule making relates to the statewide all-payer health care claims data base (APCD). Specifically, the rules will address: The format for the calculation and display of aggregate cost data; procedures for data release; reasons to decline a request for data; encounter data; procedures for ensuring that all data received from data suppliers are securely collected and stored in compliance with law; procedures for ensuring compliance with state and federal privacy laws; and penalties for inappropriate disclosure or use of direct patient identifiers, indirect patient identifiers, or proprietary financial information.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.371.050 (2) and (6) and 43.371.070 (1)(d), (e), (g) and (h).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 43.371 RCW directs the office of financial management (OFM) to establish a statewide APCD to support transparent public reporting of health care information. To accomplish this requirement, OFM is further directed to select a lead organization to coordinate and manage the data base. RCW 43.371.050 (2) and (6) and 43.371.070 (1)(d), (e), (g) and (h) provide that the OFM director shall adopt rules necessary to implement this chapter including those subject[s] specified above that are the subject of this rule making.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The office of chief information officer has standards that must be met for both security and privacy. There are state and federal laws regarding protection of private data, which must be followed in regards to the establishment and operation of the data base. Coordination will be accomplished through meetings and other written methods of communication. As agency points of contact become known, we will add them to the stakeholder list to ensure receipt of correspondence of all rule-making activities.
Process for Developing New Rule: A collaborative approach will be used. The APCD web site and associated listserv will be used to provide information and seek comments before a draft is filed for hearing. Stakeholder meetings to review and discuss draft rules will also be scheduled as appropriate. In addition, a privacy and security workgroup was formed with stakeholders from state agencies and the private sector. This group will help sort out the issues and review drafts before released for a more general review.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To participate in the rule-making process, you may:
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Send OFM an e-mail with your name and contact information (and questions or comments) at apcd@ofm.wa.gov.
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Sign up on the APCD listserv at http://listserv.wa.gov/cgi-bin/wa?A0=APCD. Those who sign up will receive information on the rules, hearing dates and the latest drafts of the rules for your comments.
March 15, 2016
Roselyn Marcus
Assistant Director
Legal and Legislative Affairs
Rules Coordinator