Title of Rule and Other Identifying Information: Technical correction to WAC 284-24E-120 Medical malpractice
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Scott, Insurance Commissioner, P.O. Box 40258, Olympia, WA 98504-0258, e-mail firstname.lastname@example.org , AND RECEIVED BY December 25, 2007.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 284-24E-120 was adopted on June 4, 2007. It contains one provision that conflicts with the underlying law, RCW 7.70.140 (2)(a), which says:
"For claims settled or otherwise disposed of on or after January 1, 2008, the claimant or his or her attorney must report data to the commissioner if any action filed under this chapter results in a final:
(i) Judgment in any amount;
(ii) Settlement or payment in any amount; or
(iii) Disposition resulting in no indemnity payment."
Attorneys and claimants must report medical malpractice closed claims only if an action is filed under chapter 7.70 RCW. As a result, an attorney or claimant is not required to report settlements made before filing suit, requesting arbitration or mediation, as required under WAC 284-24E-120(1).
Statutory Authority for Adoption: RCW 48.02.060 and 48.140.060.
Statute Being Implemented: Chapter 48.140 RCW and RCW 7.70.140.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mike Kreidler, Insurance Commissioner, governmental.
Name of Agency Personnel Responsible for Drafting: Lisa Smego, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7134; Implementation: Beth Berendt, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7119; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98504-0255, (360) 725-7050.
October 24, 2007
AMENDATORY SECTION(Amending Matter No. R 2006-02, filed 6/4/07, effective 7/22/07)
WAC 284-24E-120 How should information about the timing of the settlement be reported? Persons reporting claims must report whether the claim is settled:
Before filing suit, requesting arbitration or
(2))) Before trial, arbitration or mediation;
(3))) (2) During trial, arbitration or mediation;
(4))) (3) After trial or hearing, but before judgment
(5))) (4) After judgment or decision, but before
(6))) (5) During an appeal; or
(7))) (6) After an appeal.
[Statutory Authority: RCW 48.02.060, 48.140.060, and 7.70.140. 07-12-057 (Matter No. R 2006-02), § 284-24E-120, filed 6/4/07, effective 7/22/07.]