PREPROPOSAL STATEMENT OF INQUIRY
LABOR AND INDUSTRIES
[Filed November 17, 2020, 1:51 p.m.]
Subject of Possible Rule Making: Claim confidentiality regarding the release of mental health records under RCW 51.28.070
. Chapter 296-15 WAC, Workers compensation self-insurance rules and regulations.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.28.070
(4) (SHB 1909).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of rule making is to amend the existing claim file confidentiality rules to align with recent amendments to statute (RCW 51.28.070
). Rules will be drafted to subject an injured worker's employer or duly authorized representative to a penalty for unauthorized disclosure of claim file information regarding a mental health condition or treatment. The amended statute more broadly requires the department to notify employers and workers of their rights and responsibilities under this law when the claim is allowed as required.
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: The department of labor and industries is working collaboratively with representatives from self-insured employers and labor communities throughout the 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 LaNae Lien, 310 Israel Road S.E., Tumwater, WA 98501, phone 360-902-6968, fax 360-902-6900, email LaNae.Lien@Lni.wa.gov, website https://www.lni.wa.gov/rulemaking-activity.
November 17, 2020