WSR 20-20-112

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed October 6, 2020, 9:12 a.m.]

Subject of Possible Rule Making: Chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.32.190; chapter 277, Laws of 2020 (SHB 2409).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: SHB 2409 creates a new requirement that any third-party administrators hired to manage claims for a self-insured employer must be licensed by the department of labor and industries (L&I). It also requires all claims administrators managing claims for self-insured employers to be certified.

Rule making is necessary to align existing rule language with these new requirements, and to provide clarity regarding the new licensing requirement.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state, local, or federal agency regulates this subject.

Process for Developing New Rule: L&I will work collaboratively with representatives from the self-insured employer and labor communities throughout this rule-making process. A public hearing 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 James Nylander, 310 Israel Road S.E., Tumwater, WA 98501, phone 360-902-6907, fax 360-902-6900, email James.Nylander@Lni.wa.gov, website https://www.Lni.wa.gov/rulemaking-activity/.

October 6, 2020

Joel Sacks

Director