WSR 05-12-114

EXPEDITED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 31, 2005, 10:41 a.m. ]

Title of Rule and Other Identifying Information: WAC 296-30-090 What are the maximum, allowable fees?

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001 , AND RECEIVED BY August 2, 2005.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of amending WAC 296-30-090 is to clarify that the Department of Labor and Industries will establish the reimbursement rates for the crime victims compensation program.

Reasons Supporting Proposal: RCW 7.68.015 requires the Department of Labor and Industries to operate the crime victims' compensation program within the appropriations and the conditions and limitations on the appropriations provided for this program.

RCW 7.68.090(b) [7.68.080 (2)(b)] authorizes the director to set service levels and fees at a level no lower than those established by the Department of Social and Health Services.

WAC 296-30-100 states that the Department of Labor and Industries will give providers thirty days written notice when the fee schedule is being established or amended.

Statutory Authority for Adoption: RCW 7.68.030.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Labor and Industries, governmental.

Name of Agency Personnel Responsible for Drafting: Janice Deal, P.O. Box 44520, Olympia, WA 98504-4520, (360) 902-5369; Implementation and Enforcement: Cletus Nnanabu, P.O. Box 44520, Olympia, WA 98504-4520, (360) 902-5340.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The purpose is to clarify that the Department of Labor and Industries will establish the reimbursement rates for the crime victims' compensation program.

May 31, 2005

Gary Weeks

Director

OTS-8099.1


AMENDATORY SECTION(Amending WSR 00-03-056, filed 1/14/00, effective 2/14/00)

WAC 296-30-090   What are the maximum allowable fees?   (1) Maximum allowable fees for medical and mental health services are those fees ((published in the Medical Aid Rules and Fee Schedules)) established by the department of labor and industries for the crime victims compensation program, less any available benefits of public or private insurance.

(((2) Maximum allowable fees for mental health services are those fees published in the Crime Victims Compensation Program Mental Health Treatment Rules and Fees less any available benefits of public or private insurance.))


EXCEPTION: If any of the maximum allowable fees ((in the publications entitled Medical Aid Rules and Fee Schedules and Crime Victims Compensation Program Mental Health Treatment Rules and Fees)) established by the department of labor and industries for the crime victims compensation program, are lower than the maximum allowable fees for those procedures established by the department of social and health services under Title 74 RCW, the Title 74 RCW fees are the maximum allowable fees for those procedures.

(((3))) (2) The percent of allowed charges authorized for hospital inpatient and outpatient services billed by revenue codes are those rates established by the department of social and health services under Title 74 RCW and WAC 388-550-4500 (1)(a) and 388-550-6000 (1)(a) less any available benefits of public or private insurance.

[Statutory Authority: RCW 7.68.030, 7.68.080, 7.68.130. 00-03-056, 296-30-090, filed 1/14/00, effective 2/14/00.]

Washington State Code Reviser's Office