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ENGROSSED SUBSTITUTE HOUSE BILL 2696
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AS AMENDED BY THE SENATE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/02/94.
Developing procedures and criteria
for chemically related illness.
AN ACT Relating to
chemically related illness; adding new sections to chapter 51.32 RCW; adding a
new section to chapter 51.04 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 51.32 RCW to read as follows:
(1) By July 1, 1994,
the department shall establish interim criteria and procedures for management
of claims involving chemically related illness to ensure consistency and
fairness in the adjudication of these claims. The criteria and procedures
shall apply to employees covered by the state fund and employees of
self-insured employers. The department shall adopt final criteria and
procedures by December 31, 1994, and report the criteria and procedures as
required under section 5 of this act.
(2) The special
procedures developed by the department shall include procedures to determine
which claims involving chemically related illness require expert management.
The department shall assign claims managers with special training or expertise
to manage these claims.
NEW SECTION. Sec.
2. A new section is added
to chapter 51.04 RCW to read as follows:
(1) The department of
labor and industries and the department of health shall be the colead agencies
for an advisory committee that shall consult with and advise the participating
agencies on issues relating to chemically related illness. Appointments to the
committee shall be made jointly by the directors of the department of health
and the department of labor and industries. The committee shall include at
least one member who represents each of the following: (a) Injured workers
with chemically related illness; (b) large employers who qualify as
self-insurers under Title 51 RCW; (c) small employers who insure their workers'
compensation obligation through the state fund; (d) organized labor; (e) the
department of health; (f) the department of labor and industries; (g)
physicians licensed to practice under chapter 18.71 RCW; and (h) physicians
licensed to practice under chapter 18.57 RCW. The committee shall review and
make recommendations regarding the responsibilities of the several agencies for
providing services to persons with chemically related illness and any other
issues related to providing services to persons with chemically related illness
that the committee may choose to review.
(2) This section shall
expire June 30, 1995.
NEW SECTION. Sec.
3. A new section is added
to chapter 51.32 RCW to read as follows:
The department shall
work with the department of health to establish one or more centers for
research and clinical assessment of chemically related illness.
NEW SECTION. Sec.
4. A new section is added
to chapter 51.32 RCW to read as follows:
(1) The department
shall conduct research on chemically related illnesses, which shall include
contracting with recognized medical research institutions. The department shall
develop an implementation plan for research based on sound scientific research
criteria, such as double blind studies, and shall include adequate provisions
for peer review, and submit the plan to the worker's compensation advisory
committee for review and approval. Following approval of the plan, all
specific proposals for projects under the plan shall be submitted for review to
a scientific advisory committee, established to provide scientific oversight of
research projects, and to the workers' compensation advisory committee. The
department shall include a research project that encourages regional
cooperation in addressing chemically related illness.
(2) Expenditures for
research projects shall be within legislative appropriations from the medical
aid fund, with self-insured employers and the state fund each paying a pro rata
share, based on the number of worker hours, of the authorized expenditures.
For the purposes of this subsection only, self-insured employers may deduct
from the pay of each of their employees one-half of the share charged to the
employer for the expenditures from the medical aid fund.
NEW SECTION. Sec.
5. In consultation with the
workers' compensation advisory committee, the department of labor and
industries and the department of health shall jointly make an interim report to
the governor and the appropriate committees of the legislature by December 31, 1994,
and a final report by June 30, 1995, on:
(1) The status of the
department of labor and industries' final criteria and procedures for
management of claims involving chemically related illness;
(2) The status of
research projects authorized under section 4 of this act;
(3) A plan by the
department of health for including accurate occupational information in all
relevant current and developing automated health data bases;
(4) A state board of
health plan to make occupational diseases reportable conditions;
(5) Other initiatives
related to chemically related illness; and
(6) Any
recommendations for legislation.
