WSR 05-15-134

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 19, 2005, 9:26 a.m. ]

Subject of Possible Rule Making: Industrial insurance, WAC 296-20-1102 Special equipment rental and purchase orthotics and prosthetics.

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

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making will update WAC 296-20-1102 to reflect that certain types of oxygen equipment will only be rented regardless of the length [of the] rental period. This is an exception to the requirement that rental fees will not be paid, "once the new purchase price of the item has been reached." This change allows individuals, especially those who are on lifetime oxygen therapy, to receive, without interruption, the necessary equipment and associated accessories and maintenance required for that equipment. This is keeping with the normal industry standards.

Process for Developing New Rule: Parties interested in the development of these rules may contact the individual listed below. Interested parties may also participate during the public comment period by submitting written comments or giving oral testimony at the public hearing. This revision was proposed and stakeholdered as part of the durable medical equipment fee schedule development process. We will continue to work with our two primary stakeholders. They are the Durable Medical Equipment/Prosthetic and Orthotic Technical Advisory Group and the Pacific Association for Medical Equipment Services (PAMES).

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting John Elshaw, phone (360) 902-5131, fax (360) 902-4249, Department of Labor and Industries, Health Services Analysis, P.O. Box 44322, Olympia, WA 98504-4322, elsj235@LNI.wa.gov, and participate during the public comment period.

July 19, 2005

Gary Weeks

Director

Washington State Code Reviser's Office