WSR 16-23-150
PREPROPOSAL STATEMENT OF INQUIRY
OFFICE OF
FINANCIAL MANAGEMENT
[Filed November 22, 2016, 11:19 a.m.]
Subject of Possible Rule Making: The subject of this rule making relates to the statewide all-payer health care claims data base. Specifically, the rules will address (1) the procedures for ensuring that all data received from data suppliers are securely collected and stored in compliance with state and federal law (security rules) and (2) procedures for ensuring compliance with state and federal privacy laws (privacy rules).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.371.070 [(1)](d) and (e).
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 all-payer health care claims data base 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 43.371.070 [(1)](d) and (e) provide that the OFM director shall adopt rules necessary to implement this chapter including:
(d) Procedures for ensuring that all data received from data suppliers are securely collected and stored in compliance with state and federal law;
(e) Procedures for ensuring compliance with state and federal privacy laws (privacy rules).
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 protected health data and other private data that may be collected, 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. OFM will be working with the selected lead organization and data vendor to draft rules. In addition, we will work with stakeholders from state agencies and the private sector, including entities that must submit data to the data base. Stakeholders will help sort out the issues and review drafts before a final set of rules is filed for hearing. The all-payer claims data base (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.
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:
•
Send OFM an e-mail with your name and contact information (and questions or comments) to apcd@ofm.wa.gov.
•
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.
November 22, 2016
Roselyn Marcus
Assistant Director
Legal and Legislative Affairs
Rules Coordinator