S-0757.1 _______________________________________________
SENATE BILL 5451
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State of Washington 56th Legislature 1999 Regular Session
By Senators Swecker, Rasmussen, Winsley, Morton, Prentice, Hargrove, Zarelli, Hochstatter, Oke and Gardner
Read first time 01/22/1999. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to the injured workers' ombudsman; and adding a new chapter to Title 51 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. There is created an office of industrial insurance ombudsman within the office of the governor for the purpose of identifying system issues and responses for the governor and the legislature to act upon and monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to Washington's industrial insurance system. The ombudsman reports directly to the governor and shall exercise his or her powers and duties independently of the director.
NEW SECTION. Sec. 2. (1) The governor must appoint an ombudsman who is a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in industrial insurance law and policy.
(2) The person appointed ombudsman shall hold office for a term of three years and will continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the ombudsman only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.
NEW SECTION. Sec. 3. The ombudsman must perform the following duties:
(1) Provide information as appropriate on the rights and responsibilities of individuals receiving industrial insurance benefits and on the procedures for obtaining these benefits;
(2) Provide information as appropriate on the rights and responsibilities of employers participating in the industrial insurance system;
(3) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds. However, the ombudsman may decline to investigate any complaint as provided by rules adopted under this chapter;
(4) Monitor the procedures as established, implemented, and practiced by the department of labor and industries to carry out its responsibilities in the administration of industrial insurance claims;
(5) Recommend changes in the procedures for addressing the needs of injured workers and their employers;
(6) Submit annually to the legislature and to the governor by November 1st a report analyzing the complaints filed with the office and the results of its investigations, including recommendations for legislation;
(7) Adopt rules necessary to implement this chapter.
NEW SECTION. Sec. 4. The ombudsman shall treat all matters under investigation, including the identities of service recipients, complainants, and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the ombudsman to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the ombudsman shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the ombudsman are confidential and are exempt from public disclosure under chapter 42.17 RCW.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute a new chapter in Title 51 RCW.
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