WSR 17-04-081
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed January 31, 2017, 9:29 a.m.]
Subject of Possible Rule Making: Chapter 296-20 WAC, Medical aid rules.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030, 69.41.110, and 69.41.190.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Statutes and other state agency rules have recently changed and labor and industries (L&I) rules need to change for consistency.
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Definitions in chapter 296-20 WAC need to be amended to be consistent with recently amended definitions of the Washington state health care authority (HCA) regarding Washington state's prescription drug program (PDP).
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Language in chapter 296-20 WAC also should incorporate by reference HCA's rules for therapeutic alternatives and the therapeutic interchange. This will allow L&I's rules on this program to be consistent with HCA language now and for future amendments.
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Further, existing rules will be amended to include new content regarding "interchangeable biologics" that is explicitly and specifically dictated by statute (RCW 69.41.110).
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: HCA oversees Washington state's PDP for HCA and L&I. HCA has recently amended definitions for PDP and has updated its language regarding therapeutic alternatives and therapeutic interchange. L&I will coordinate with HCA by adopting the new definitions for PDP without material change and incorporate by reference the rules that HCA uses regarding therapeutic alternatives and therapeutic interchange.
Process for Developing New Rule: L&I will propose amended definitions that have already been adopted by HCA. Further, existing rules will be amended to include new content regarding "interchangeable biologics" that is explicitly and specifically dictated by statute (RCW 69.41.110). Rule changes will be developed in consultation with L&I's major stakeholders and other interested parties. Major stakeholders include, but are not limited to the industrial insurance medical advisory committee.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka, L&I, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321, fax (360) 902-6315, phone (360) 902-4941, or email Jami.Lifka@Lni.wa.gov.
January 31, 2017
Joel Sacks
Director