WSR 18-03-161 EXPEDITED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed January 23, 2018, 10:31 a.m.] Title of Rule and Other Identifying Information: Crime victims' compensation, chapter 296-30 WAC, rules for the administration of the crime victims' compensation program: WAC 296-30-020 Who is covered when a motor vehicle crime occurs? and 296-30-090 What are the maximum allowable fees? Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this expedited rule proposal is to bring the rules in compliance with the statutory changes of ESHB 1739 (chapter 235, Laws of 2017), which became effective on July 23, 2017.
ESHB 1739 changed the crime victims' compensation law, chapter 7.68 RCW, in two ways. First, it clarified when a vehicular assault can be the basis for a claim. Second, it now requires labor and industries to pay providers at one hundred percent of worker compensation fee schedule. The rules for the program must be changed to comply with the law.
As a result of the changes to RCW 7.68.020(6), WAC 296-30-020 is no longer needed and will be repealed.
As a result of the changes to RCW 7.68.030 (2)(g), WAC 296-30-090 will be updated to reflect the updated fee schedule payment levels. Reasons Supporting Proposal: Updating rules to comply with statute changes makes it easier to do business with labor and industries. The crime victims' compensation rules will be clear and concise, and will give victims and providers accurate information. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Department of labor and industries, governmental. Name of Agency Personnel Responsible for Drafting and Implementation: Maty Brimmer, Tumwater, Washington, 360-902-6707; and Enforcement: Cletus Nnanabu, Tumwater, Washington, 360-902-4340. This notice meets the following criteria to use the expedited adoption process for these rules: Content is explicitly and specifically dictated by statute. This notice meets the following criteria to use the expedited repeal process for these rules: The rule is no longer necessary because of changed circumstances. Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: These rules must be repealed or updated in order to be in compliance with statue [statute]. There is no discretion in the new statute for the issues addressed by these two rules. NOTICE 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 Maty Brimmer, Department of Labor and Industries, P.O. Box 44520, Olympia, WA 98501, phone 360-902-6707, fax 360-902-5333, email maty.brimmer@lni.wa.gov, AND RECEIVED BY March 27, 2018. January 23, 2018 Joel Sacks Director
AMENDATORY SECTION (Amending WSR 11-22-054, filed 10/31/11, effective 12/1/11)
WAC 296-30-090 What are the maximum allowable fees?
(1) Maximum allowable fees for medical and mental health services((, that are not hospital inpatient or outpatient services, are a percentage of those fees)) are published in the medical aid rules and fee schedules((,)) and the crime victims' compensation program mental health fee schedule and billing guidelines less any available benefits of public or private insurance.
(2) The percent of allowed charges for authorized hospital inpatient and outpatient services billed by revenue codes are those rates established by the department. ((If the maximum allowable fees for hospital inpatient or outpatient services is lower than the maximum allowable fees for those procedures established under Title 74 RCW for the ratio of costs to charges (RCC) rate, the department will use the RCC rate as the percent of allowed charges for hospital inpatient and outpatient services, regardless of whether the hospital is diagnosis related group (DRG) exempt.))
(3) If sufficient funding is not provided to continue payments equal to the medical aid rules and fee schedules and the crime victims' compensation program mental health fee schedule and billing guidelines, payments will be reduced based on caseload estimates and available funding. The reduced payments will not be less than seventy percent of payments provided under the fee schedules.
(4) If an unforeseeable catastrophic event results in insufficient funding to continue payments equal to the medical aid rules and fee schedules and the crime victims' compensation program mental health fee schedule and billing guidelines, payments will be reduced to not less than seventy percent of payments provided under the fee schedules to the extent the reduction in payments is necessary to fund benefits.
REPEALER
The following section of the Washington Administrative Code is repealed:
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