WSR 18-03-037

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 9, 2018, 11:53 a.m.]

Subject of Possible Rule Making: The subject of this rule making relates to the statewide all-payer health care claims database. Specifically, the rules will address 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 43.371.070 (1)(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 all-payer health care claims database 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 database. RCW 43.371.070 (1)(h) provides that the OFM director shall adopt rules necessary to implement this chapter including penalties associated with the inappropriate disclosure or use of the information referenced above.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Department of Health and Human Services regulates in this area regarding the inappropriate disclosure and/or use of protected health care information through HIPAA.

Process for Developing New Rule: A collaborative approach will be used. The all-payer claims database (APCD) web site and associated listserv will be used to provide information and seek comments before a draft is filed for hearing, as well as holding stakeholder meetings to review and discuss draft rules as appropriate. In addition, OFM will work with the statutorily required advisory committee(s) as well as the lead organization and the data vendor.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Thea Mounts, 106 11th Avenue S.W., P.O. Box 43124, Olympia, WA 98504, phone 360-902-0552, email apcd@ofm.wa.gov, web site http://www.ofm.wa.gov/healthcare/pricetransparency/, sign up on the APCD listserv at https://public.govdelivery.com/accounts/WAGOV/subscriber/new?qsp=WAGOV_39 and select "All Payer Claims Database (APCD)."

January 9, 2018

Roselyn Marcus

Assistant Director

Legal and Legislative Affairs