Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Legislation that passed in the 1998 session (SHB 2822, chapter 230, Laws of 1998) clarifies that medical coverage decisions of the department do not constitute a "rule" and are not subject to the rule-making provisions of chapter 34.05 RCW, the Administrative Procedure Act. SHB 2822 mandates that criteria used by the department to establish medical coverage decisions be adopted by rule.

A new rule describing these criteria will make clear the objective methods and variety of information sources the department will use to make medical coverage decisions.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Labor and Industries will consider related licensure and approval processes of the federal Food and Drug Administration (FDA) and the Washington State Department of Health.

Process for Developing New Rule: Develop in consultation with major stakeholders and other interested parties: Workers Compensation Advisory Committee, Chiropractic Advisory Committee, Washington State Medical Association's Industrial Insurance Advisory Committee, Washington State Trial Lawyers Association.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka by phone (360) 902-4941 or FAX (360) 902-4249 or mail Department of Labor and Industries, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321.

June 1, 1998

Gary Moore

Director