WSR 97-17-107

PROPOSED RULES

HEALTH CARE AUTHORITY

[Filed August 20, 1997, 11:24 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 95-04-057.

Title of Rule: Chapter 182-04 WAC, Public records.

Purpose: Update to reflect policy and procedures of agency.

Statutory Authority for Adoption: RCW 41.05.160.

Statute Being Implemented: Chapter 41.05 RCW.

Summary: Updated to reflect the reference to Health Care Authority and appropriate public disclosure forms. Also reflect the new public disclosure requirements for commercial disclosure.

Reasons Supporting Proposal: Reflect policy and procedures on compliance with state law.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Elin Meyer, Health Care Authority, 923-2801.

Name of Proponent: Health Care Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Updated to reflect the reference to Health Care Authority and appropriate public disclosure forms. Also reflect the new public disclosure requirements for commercial disclosure. Also to reflect policy and procedures on compliance with state law.

Proposal Changes the Following Existing Rules: It clarifies procedures and forms.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required. The Joint Administrative Rules Review Committee has not requested the filing of a small business economic impact statement, and costs to businesses will be negligible.

RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, do not apply to the Health Care Authority unless requested by the Joint Administrative Rules Review Committee or applied voluntarily.

Hearing Location: Health Care Authority, Puget Room, 4th Floor, 676 Woodland Square Loop S.E., Building B, Lacey, WA 98504, on September 23, 1997, at 9:30 a.m. to 11:30 a.m.

Assistance for Persons with Disabilities: Contact Nikki Woehl by September 19, 1997, (360) 923-2805.

Submit Written Comments to: Elin Meyer, FAX (360) 923-2606, by September 30, 1997.

Date of Intended Adoption: October 18, 1997.

August 20, 1997

Elin Meyer

Rules Coordinator

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-010 Purpose. The purpose of this chapter shall be to insure compliance by the ((Washington state employee insurance board)) the Washington State Health Care Authority (HCA) with the provisions of chapter 42.17 RCW dealing with public records.

[Order 01-77, 182-04-010, filed 8/26/77.]

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-015 Definitions. The following definitions shall apply:

(1) "HCA" means the Washington State Health Care Authority, created pursuant to chapter 41.05 RCW.

(((1))) (2) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental agency or ((local agency regardless of form or characteristics.)) the performance of any governmental or proprietary information.

(((2))) (3) "Writing" means ((handwriting, typewriting, printing, photostating and every other means of recording any form of communication or representation, including letters, words, pictures, sounds symbols, or combinations thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.)) all means of recording any form of communication or representation as defined in RCW 42.17.020(28).

(((3) The Washington state employee insurance board, created pursuant to 41.05 RCW. The state employee insurance board shall hereinafter be referred to as the board. For the purposes of WAC 182-04-015 through 182-04-070 inclusive, the term "board" shall also refer to the staff and employees of the Washington state employee insurance board.))

[Order 01-77, 182-04-015, filed 8/26/77.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-025 Public records. (1) All public records of the ((board)) HCA as defined in WAC 182-04-015((1)) (3) shall be made available upon public request for inspection and copying pursuant to these rules, except however as provided by ((RCW 42.17.310)) law.

(2) The public disclosure officer, or designee, shall respond promptly to requests for disclosure. Within five business days, the public disclosure officer, or designee shall respond by:

(a) Providing the record;

(b) Acknowledging the request and providing a reasonable estimate of the time it will take to respond to the request; or

(c) Denying the public record request.

(3) In acknowledging receipt of a public record request that is unclear, the public disclosure officer may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the public disclosure officer need not respond to it.

[Order 01-77, 182-04-025, filed 8/26/77.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 182-04-030 Public records officer.

Reviser's note: The repealer appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to chapter is probably intended to be to section.

AMENDATORY SECTION (Amending Order 01-77, filed 8-26-77)

WAC 182-04-035 Office hours. Public records shall be made available upon request only during working hours of the ((board)) HCA. For the purpose of this chapter, the working hours shall be from ((8:00)) 9:00 a.m. until noon, and from 1:00 p.m. until ((5:00)) 4:00 p.m., Monday through Friday, excluding legal holidays.

[Order 01-77, 182-04-035, filed 8/26/77.]

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-040 Request for public records. In accordance with the requirements of chapter 42.17 RCW that agencies prevent unreasonable invasion((s)) of privacy, and to protect public records from damage or disorganization, and to prevent excessive interference with essential functions of the agency, public records may be inspected or copied, or copies of such records((,)) may be obtained by ((members of)) the public, upon compliance with the following procedures:

(1) A request shall be made in writing or upon ((a)) the form prescribed ((by the agency)) in WAC 182-04-070, which shall be available at ((its office)) the HCA. The form shall be presented to the public ((records)) disclosure officer; or to any member of the agency's staff, if the public ((records)) disclosure officer is not available, at the office of the agency during customary office hours. ((The)) A request ((shall include the following information:

(a) The name, address, and organization represented, if any, of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(c) The nature of the request;

(d))) need merely identify with reasonable certainty the record sought to be disclosed. If the matter requested is referred to within the current index maintained by the ((records)) public disclosure officer, a reference to the requested record as it is described in such current index is desirable. ((;))

(((e) If the requested matter is not identifiable by reference to the agency's current index, an appropriate description of the record requested.))

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public ((records)) disclosure officer or staff member to assist the member of the public in appropriately identifying the public record requested. (3) When the law makes a record disclosable to a specific person, a requestor may be required to provide personal identification.

[Order 01-77, 182-04-040, filed 8/26/77.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

NEW SECTION

WAC 182-04-041 Preserving requested records. If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the public disclosure officer shall retain possession of the record, and may not destroy or erase the record until the request is resolved.

[]

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-045 Copying. (1) No fee shall be charged for the inspection of public records.

(2) The agency shall ((charge a reasonable fee for providing copies of public records and for use of the agency's copy equipment. This charge is the amount necessary)) collect the following fees to reimburse the agency for its actual costs incident to ((such copying)) providing copies of public records:

(a) Fifteen cents per page for black and white photocopies, plus sales tax; and

(b) The cost of postage, if any.

(3) The public disclosure officer is authorized to waive the foregoing costs. Factors considered in deciding whether to waive costs include, but are not limited to: providing the copy will facilitate administering the program, and/or the expense of processing the payment exceeds the copying and postage cost.

[Order 01-77, 182-04-045, filed 8/26/77.]

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-050 Exemptions. (1) The ((board)) HCA reserves the right to determine ((that)) whether a public record requested in accordance with the procedures outlined in WAC 182-04-040 is exempted under ((the)) statutory provisions ((of RCW 41.17.310)).

(2) Pursuant to RCW 42.17.260, the ((board)) HCA reserves the right to delete identifying details when it makes available or publishes any public record, in any case where there is reason to believe that disclosure of such details would be an invasion of personal privacy or vital governmental interest protected by chapter 42.17 RCW. The public ((records)) disclosure officer will fully justify such deletion in writing in such a way so that the nature of the deleted information is made known.

(3) ((All denials of requests for public records shall be accompanied by a written statement specifying the reason for the denial.)) If disclosure is denied, the requester is entitled to a written explanation of the denial which cites the relevant exemption and an explanation of how it applies to the record being denied.

[Order 01-77, 182-040-050, filed 8/26/77.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-055 Review of denials of public records request. (1) Any person who objects to the denial of request for public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement by the public ((records)) disclosure officer or other staff member which constituted or accompanied the denial.

(2) Following receipt of a written request for review of a decision denying a public record, the ((records)) disclosure officer shall immediately consider the matter and either affirm or reverse such denial. ((The request shall be returned with a final decision within two business days following the receipt of such request.)) Such review shall be deemed completed at the end of the second business day following the receipt by the disclosure officer of the request for review. This shall constitute final agency action for the purposes of judicial review, pursuant to RCW 42.17.320.

[Order 01-77, 182-04-055, filed 8/26/77.]

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-060 Protection of public records. Following are guidelines which shall be adhered to by any person inspecting such public records:

(1) Inspection of any public records shall be conducted only during working hours as specified in WAC 182-04-035 with the presence of ((SEIB)) HCA employee((s));

(2) No public record shall be removed from the main office without the approval of the ((insurance benefit supervisor or without the authorization of the SEIB)) public disclosure officer or his/her designee;

(3) Public records shall not be marked, torn, or otherwise damaged;

(4) Public records must be maintained as they are in file or in a chronological order, and shall not be dismantled except for purposes of copying and then only by ((SEIB)) an HCA employee((s or others authorized by the insurance benefit supervisor));

(5) Access to file cabinets and other places where public records are kept is restricted, and shall be used by ((the board)) employees of the HCA.

[Order 01-77, 182-04-060, filed 8/26/77.]

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 182-04-065 Communication with the board.

Reviser's note: The repealer appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to chapter is probably intended to be to section.

AMENDATORY SECTION (Amending Order 01-77, filed 8/26/77)

WAC 182-04-070 ((Adoption of form)) Request for inspection of records. The ((board)) HCA hereby adopts for use by all persons requesting inspection and/or copying or copies of its records, the form set out below, entitled "Request for ((public records)) Inspection of Records."

((State Employees Insurance Board

Department of Personnel

State of Washington

600 South Franklin

Olympia, Washington 98504

We have received your request for copies of our public records. We would appreciate it if you complete the form on the right and return with the amount required. We will forward the requested copies as soon as we receive this form.

Thank You.

Return to:

Insurance Benefits Supervisor

Department of Personnel

600 South Franklin

Olympia, Washington 98504))

Washington State Health Care Authority

Request for ((Public)) Inspection of Records

((Date time

name

address







purpose of request







I certify that the information obtained through this request for public records will be used only for the reasons stated and will not be used for commercial purposes.

Signature

No. of copies

. . . . . .

No. of pages

. . . . . .

Per page charge

$ . . . . . .

Total charge

$ . . . . . .))

The information requested in Blocks 1 through 6 is not mandatory, however, the completion of these blocks will enable this office to expedite your request and contact you should the record you seek not be immediately available.

1. Name 4. Phone Number

2. Address 5. Representing

(if applicable)

3. Zip code 6. If urgent -

date needed



Below please state what record(s) you with to inspect and be as specific as possible. If you are uncertain as to the type or identification of specific record or records we will assist you.

I certify that the information requested from the above record(s) will not be part of a list of individuals to be used for commercial purposes.

(Signed) . . . . . . . . . . . .

Date . . . . . . . . . . . . . .

[Order 01-77, 182-04-070, filed 8/26/77.]

Legislature Code Reviser

Register

Washington State Code Reviser's Office