WSR 12-19-102


[ Filed September 19, 2012, 11:57 a.m. ]



     The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by October 31, 2012. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 586-0728, or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeffrey T. Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

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     The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 12-09-01

Request by Eileen Cody, Representative, District 34

     1. Under RCW 19.68.010, can a clinical laboratory licensed by the State lawfully make a monetary donation to a physician to cover 85% of the software cost of that physician's electronic health record (EHR) when the physician's office that is the recipient of the EHR donation either continues a referral arrangement with the laboratory, or subsequently initiates an arrangement for the referral or specimens to the donating laboratory for analysis?

     2. If such donations are in fact permissible under RCW 19.68.010, will a subsequent initiation or increase in specimen referrals between the physician recipient of the donation, who orders clinical laboratory services, and the donating laboratory be a violation, or a potential violation of the code and thus subject to investigation by the Medical Quality Assurance Commission?