WSR 16-17-059 EXPEDITED RULES DEPARTMENT OF HEALTH [Filed August 12, 2016, 4:10 p.m.]
Title of Rule and Other Identifying Information: Repealing chapter 246-305 WAC, Certification of independent review organizations (IROs). Repealing all sections of this chapter as of January 1, 2017, to implement HB 2326 (chapter 139, Laws of 2016).
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Sherry Thomas, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, AND RECEIVED BY October 24, 2016.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: On January 1, 2017, regulation of IROs moves to the office of the insurance commissioner (OIC) necessitating the department of health (department) repeal of chapter 246-305 WAC. OIC is adopting new rules to replace chapter 246-305 WAC to be effective January 1, 2017, and is working with the department to transfer other elements of the IRO program.
Reasons Supporting Proposal: HB 2326 (chapter 139, Laws of 2016) transfers all regulatory authority of IROs from the department to OIC. OIC is adopting rules to implement this transfer of authority effective January 1, 2017, for which the department will no longer have statutory authority over these rules. Expedited rule making is appropriate because the statute on which the rule is based is repealed January 1, 2017, and has not been replaced by another statute providing the department statutory authority for the rule, per RCW 34.05.353 (2)(a).
Statutory Authority for Adoption: HB 2326 (chapter 139, Laws of 2016).
Statute Being Implemented: HB 2326 (chapter 139, Laws of 2016).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Nancy Elliott, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4878; Implementation and Enforcement: Sherry Thomas, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-4612.
August 12, 2016
John Wiesman, DrPH, MPH
Secretary
REPEALER
The following chapter of the Washington Administrative Code is repealed:
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