WSR 18-04-102

PREPROPOSAL STATEMENT OF INQUIRY

[Filed February 6, 2018, 1:02 p.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, 51.36.080, 7.68.030, 7.68.080.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: WAC 296-20-1101 defines when the department or self-insurer is responsible for replacement or repair of hearing aids damaged or lost due to an industrial accident; when the department or self-insurer will replace or repair authorized hearing aids; replacement of linear analog hearing aids; and that masking devices for accepted tinnitus are adjudicated using the same provisions as hearing aids due to hearing loss. The rule was last updated March 22, 2008.

Concerns have been raised that the department's criteria for replacing hearing instruments are out of date and don't take into consideration updated research or current technology. Members of the legislature have asked the department to initiate rule making to consider amendments to this rule by convening a workgroup of experts and interested parties to understand the issues and develop criteria reflecting current technology, taking into consideration insurance coverage best practices.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: Parties interested in the rule may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process. Public hearings will be held after the proposal is filed.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Robert Mayer, Health Services Analysis, Department of Labor and Industries, P.O. Box 44322, Olympia, WA 98504-4322, phone 360-902-5021, fax 360-902-4249, email robert.mayer@lni.wa.gov.

February 6, 2018

Joel Sacks

Director