HOUSE BILL REPORT

EHB 2470

BYRepresentatives Cole, Leonard, Jones, R. King, O'Brien, Basich, Valle, Nelson, Hargrove, Prentice and Wang

Regulating pain management programs in industrial insurance.

House Committe on Commerce & Labor

Majority Report:  Do pass as amended.  (11)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Smith, Ranking Republican Member; Forner, Jones, R. King, Leonard, O'Brien, Prentice, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 9, 1990

BACKGROUND:

Injured workers with chronic pain symptoms may be referred to pain management programs for treatment.  In 1988, the Department of Labor and Industries established a formal review process for pain management programs.  To treat injured workers, these programs are required to qualify as preferred providers.

There is no statutory requirement that pain management programs include the provision of vocational rehabilitation services while the injured worker participates in the program.

If an injured worker refuses to submit to recommended medical treatment or refuses to cooperate with rehabilitation, action on the worker's claim may be suspended and benefits reduced, suspended, or denied.

Physicians are required to make reports to the department or self- insured employer on the condition or treatment of an injured worker.  Relevant medical information must be made available for claims administration.

SUMMARY:

After January 1, 1991, no pain management program may provide services for injured workers under the industrial insurance law unless the program is certified by the Department of Labor and Industries.  The department must adopt certification standards, including qualifications of medical personnel and other staff providing pain management services, treatment modalities that are permitted in the programs, and criteria for evaluating successful outcomes.

If referred to a pain management program by the department or the attending physician, a worker is required to attend the screening session, and if accepted into the program, the two subsequent sessions.  Thereafter, an injured worker's participation in a pain management program is voluntary.  The injured worker must also receive appropriate industrial insurance vocational rehabilitation services while participating in the program.

The department is required to adopt rules specifying which information contained in pain management program records for an injured worker is available for purposes of claims administration.

Fiscal Note:      Requested January 6, 1990.

House Committee ‑ Testified For:    No one.

House Committee - Testified Against:      Barbara Beech, Northwest Pain Center; Tim Turner, Pain Interest Consortium; Chris Fascilla, Tacoma Chronic Pain Management Program; and Steven Fey, Virginia Mason Medical Center.

House Committee - Testimony For:    None.

House Committee - Testimony Against:      Although the goals of the legislation are praiseworthy, more regulation of pain management programs is not needed.  The Department of Labor and Industries already has an intensive review program that relies on standards developed by a national accreditation organization.  Most of the specific provisions in the bill could be addressed through the department's procedures.