PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-01-136.
Title of Rule: Chapter 296-19A WAC, Vocational rehabilitation.
Purpose: Proposed chapter 296-19A WAC will make amendments and revisions to the existing chapter 296-19A WAC to clarify language and make technical and original changes. The proposed chapter will be the basis for vocational rehabilitation for industrial insurance.
The new section WAC 296-19A-025 moves language from the existing WAC 296-19A-020 to define criteria the department considers when determining whether vocational rehabilitation services will be offered to industrially injured or ill workers.
New section WAC 296-19A-065 establishes ability to work assessment (AWA) services criteria.
New section WAC 296-19A-125 clarifies the purpose of forensic services.
New section WAC 296-19A-135 sets forth the department's reporting requirements for forensic services.
New section WAC 296-19A-137 establishes the department's requirements for a stand alone job analysis referral type.
New section WAC 296-19A-191 establishes prejob accommodations available for injured workers.
New section WAC 296-19A-192 establishes funding available for prejob accommodations.
New section WAC 296-19A-193 establishes service requirements for prejob accommodations.
New section WAC 296-19A-245 moves provider protest appeal rights from WAC 296-19A-240.
Statutory Authority for Adoption: RCW 51.04.020, 51.04.030, 51.32.095, 51.36.100, 51.36.110.
Statute Being Implemented: RCW 51.32.095, 51.36.100, 51.36.110.
Summary: The proposed revisions to existing chapter 296-19A WAC will:
• Spell out additional detail on provider qualifications, billing processes and L&I auditing.
• Explain more clearly the department's expectations of what services will be provided for each type of vocational referral, what reports to the department contain and when they will be submitted.
• Address how providers are to be held accountable for the services they deliver (corrective actions and performance measurement).
Reasons Supporting Proposal: In 1998-99, the Department of Labor and Industries (L&I) conducted a study of its vocational purchasing practices. Based on the recommendation of the department's project consultant, William H. Mercer, Inc., L&I concluded that its purchasing method of contracting with private sector vocational providers should be discontinued and the requirements of the contract should be placed in WAC. In addition, the Joint Legislative Audit and Review Committee conducted a performance audit of the department's workers' compensation activities. JLARC (21A) recommended that the department to "move toward higher standards of private vocational rehabilitation providers." In addition, other program improvements recommended both by JLARC and Mercer warranted significant changes to the vocational rehabilitation chapter 296-18A WAC. The department conducted a rule making and subsequently adopted chapter 296-19A WAC. A petition to repeal/amend chapter 296-19A WAC was filed with the Joint Administrative Rules Review Committee (JARRC). JARRC reviewed the petition and determined that the department has not provided an opportunity for meaningful input by department employees. JARRC recommended that the department review the chapter of rules and reopen the rules for further comment. Based on this recommendation, the department initiated a rule making by filing a CR-101. The department sought input from the public and its employees during the CR-101 phase. The input received was reviewed and considered during the preparation of the proposed amendments to chapter 296-19A WAC.
Name of Agency Personnel Responsible for Drafting: Roy Plaeger-Brockway, Tumwater, Washington, (360) 902-5052; Implementation and Enforcement: Linda Murphy, Program Manager, Tumwater, Washington, (360) 902-6699 or Jody Moran, Program Manager, Tumwater, Washington, (360) 902-4300.
Name of Proponent: Department of Labor and Industries, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed revisions to existing chapter 296-19A WAC will:
• Spell out additional detail on provider qualifications, billing processes and L&I auditing.
• Explain more clearly the department's expectations of what services will be provided for each type of vocational referral, what reports to the department must contain and when they must be submitted.
• Address how providers are to be held accountable for the services they deliver (corrective actions and performance measurement).
The anticipated effects of the proposed revisions to existing chapter 296-19A WAC will include:
• More efficient service delivery through more detailed billing requirements.
• More highly qualified vocational providers delivering better quality service to injured workers.
• More consistent application of the rules through better, more consistent definitions and easier to understand language.
• Increased level of provider accountability for services rendered.
Proposal Changes the Following Existing Rules: The current proposal will make revisions to chapter 296-19A WAC on vocational rehabilitation. The proposed revisions will make several changes to existing rule:
• It organizes the rules more clearly, places the rules in clear rule-writing format and defines terms used in the rules more clearly and consistently.
• Defines more clearly specific types of vocational rehabilitation services.
• Makes technical changes and corrections to chapter 296-19A WAC.
• Clarifies where providers can find their protest and appeal rights.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
A copy of the statement may be obtained by writing to Carmen Moore, Rules Coordinator, phone (360) 902-4206, fax (360) 902-4202.
RCW 34.05.328 applies to this rule adoption. The proposed revisions to chapter 296-19A WAC constitute significant legislative rules of the Department of Labor and Industries.
Hearing Location: Yakima Double Tree, Naches Room, 1507 North First Street, Yakima, WA 98901, on January 2, 2003, at 11:30 a.m. - 1:30 p.m.; at the Vancouver Red Lion, West River Rooms 1 & 2, 100 Columbia Street, Vancouver, WA 98660, on January 3, 2003, at 11:00 a.m. - 1:00 p.m.; at the Everett Howard Johnson, Shaw/Lopez Room, 3105 Pine Street, Everett, WA 98201, on January 7, 2003, at 8:00 a.m. - 10:00 a.m.; at the Sea-Tac Double Tree, Room Cascade 11, 18740 Pacific Highway South, Seattle, WA 98188, on January 7, 2003, at 3:00 p.m. - 5:00 p.m.; at the Spokane WestCoast RidPath, Legend B Room, 515 West Sprague Avenue, Spokane, WA 99201, on January 8, 2003, at 11:00 a.m. - 1:00 p.m.; and at the Tumwater L&I Service Location, Auditorium, 7273 Linderson Way, Tumwater, WA 98501, on January 10, 2003, at 11:00 a.m. - 1:00 p.m.
Assistance for Persons with Disabilities: Contact Jamie Scibelli by December 20, 2002, TDD (360) 902-5797, or (360) 902-4791.
Submit Written Comments to: Jamie Scibelli, Research Analyst, Department of Labor and Industries, P.O. Box 44322, Tumwater, WA 98501, e-mail Scij235@lni.wa.gov, fax (360) 902-4249, by January 10, 2003, by 5:00 p.m.
Date of Intended Adoption: March 18, 2003.
October 22, 2002
Gary Moore
Director
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-23 issue of the Register.