WSR 19-01-060
[Filed December 14, 2018, 11:34 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-21-114.
Title of Rule and Other Identifying Information: Amending WAC 82-75-030 Additional definitions authorized by chapter 43.371 RCW, a rule related to the statewide all-payer health care claims database (WA-APCD). Specifically, the rules will revise the definition of "Washington covered person" to correct an error that was made when amending the definition in spring 2018.
Hearing Location(s): On January 22, 2019, at 9:30 a.m., at 302 Sid Snyder Avenue S.W., Fourth Floor, Room 440, Olympia, WA 98501.
Date of Intended Adoption: January 31, 2019.
Submit Written Comments to: Thea Mounts, 106 11th Avenue S.W., P.O. Box 43124, Olympia, WA 98504, email, by January 22, 2019.
Assistance for Persons with Disabilities: Contact office of financial management (OFM), phone 360-902-3092, TTY 360-753-4107, email, by January 18, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The subject of this rule making relates to WA-APCD. WAC 82-75-030 provides additional definitions for terms used in the chapter that establishes and regulates WA-APCD. This rule making is to revise definitions that have been enacted and add definitions for other terms that have not previously been defined in statute or rule.
Reasons Supporting Proposal: Chapter 43.371 RCW directs OFM to establish a WA-APCD to support transparent public reporting of health care information. To accomplish this requirement, OFM is directed to establish rules necessary to implement this chapter, and to establish rules that specifically define claim and data files that suppliers must submit. OFM enacted additional definitions in WAC 82-75-030 and has added definitions as needed. Based on stakeholder feedback and experience since the WA-APCD has been implemented, the definition of "Washington covered persons" was amended in spring 2018. An error was made in the drafting of that amendment. This rule making is to correct that error.
Statutory Authority for Adoption: RCW 43.371.010(3) and 43.371.070.
Statute Being Implemented: Chapter 43.371 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OFM, governmental.
Name of Agency Personnel Responsible for Drafting: Roselyn Marcus, Insurance Building, Olympia, Washington, 360-902-0434; Implementation and Enforcement: Thea Mounts, Helen Sommers Building, Olympia, Washington, 360-902-0552.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. OFM is not a listed agency in RCW 34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
December 14, 2018
Roselyn Marcus
Assistant Director for
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 18-19-056, filed 9/15/18, effective 10/16/18)
WAC 82-75-030Additional definitions authorized by chapter 43.371 RCW.
The following additional definitions apply throughout this chapter unless the context clearly indicates another meaning.
"Capitation payment" means a payment model where providers receive a payment on a per "covered person" basis, for specified calendar periods, for the coverage of specified health care services regardless of whether the patient obtains care. Capitation payments include, but are not limited to, global capitation arrangements that cover a comprehensive set of health care services, partial capitation arrangements for subsets of services, and care management payments.
"Claim" means a request or demand on a carrier, third-party administrator, or the state labor and industries program for payment of a benefit.
"Claimant" means a person who files a workers compensation claim with the Washington state department of labor and industries.
"Coinsurance" means the percentage or amount an enrolled member pays towards the cost of a covered service.
"Copayment" means the fixed dollar amount a member pays to a health care provider at the time a covered service is provided or the full cost of a service when that is less than the fixed dollar amount.
"Data management plan" or "DMP" means a formal document that outlines how a data requestor will handle the WA-APCD data to ensure privacy and security both during and after the project.
"Data policy committee" or "DPC" is the advisory committee required by RCW 43.371.020 (5)(h) to provide advice related to data policy development.
"Data release committee" or "DRC" is the advisory committee required by RCW 43.371.020 (5)(h) to establish a data release process and to provide advice regarding formal data release requests.
"Data submission guide" means the document that contains data submission requirements including, but not limited to, required fields, file layouts, file components, edit specifications, instructions and other technical specifications.
"Data use agreement" or "DUA" means the legally binding document signed by either the lead organization and the data requestor, or the office and the data requestor, or the office and a Washington state agency, that defines the terms and conditions under which access to and use of the WA-APCD data is authorized, how the data will be secured and protected, and how the data will be destroyed at the end of the agreement term.
"Days" means calendar days.
"Deductible" means the total dollar amount an enrolled member pays on an incurred claim toward the cost of specified covered services designated by the policy or plan over an established period of time before the carrier or third-party administrator makes any payments under an insurance policy or health benefit plan.
"Director" means the director of the office of financial management.
"Fee-for-service equivalent" means the amount that would have been paid by the payer for a specified service if the service had not been capitated or paid under an alternative payment formula like treatment episodes, or the fee amount reflected in the payer's internal fee schedule(s) for services that are not paid on a fee-for-service basis.
"Fee-for-service payment" means a payment model where providers receive a negotiated or payer-specified rate for a specific health care service provided to a patient.
"Health benefits plan" or "health plan" has the same meaning as in RCW 48.43.005.
"Health care" means care, services, or supplies related to the prevention, cure or treatment of illness, injury or disease of an individual, which includes medical, pharmaceutical or dental care. Health care includes, but is not limited to:
(a) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body; and
(b) Sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription.
"Lead organization" means the entity selected by the office of financial management to coordinate and manage the database as provided in chapter 43.371 RCW.
"Malicious intent" means the person acted willfully or intentionally to cause harm, without legal justification.
"Member" means a person covered by a health plan including an enrollee, subscriber, policyholder, beneficiary of a group plan, or individual covered by any other health plan.
"Office" means the Washington state office of financial management.
"Person" means an individual; group of individuals however organized; public or private corporation, including profit and nonprofit corporations; a partnership; joint venture; public and private institution of higher education; a state, local, and federal agency; and a local or tribal government.
"PFI" means the proprietary financial information as defined in RCW 43.371.010(12).
"PHI" means protected health information as defined in the Health Insurance Portability and Accountability Act (HIPAA). Incorporating this definition from HIPAA, does not, in any manner, intend or incorporate any other HIPAA rule not otherwise applicable to the WA-APCD.
"Subscriber" means the insured individual who pays the premium or whose employment makes him or her eligible for coverage under an insurance policy or member of a health benefit plan.
"WA-APCD" means the statewide all payer health care claims database authorized in chapter 43.371 RCW.
"WA-APCD program director" means the individual designated by the office as responsible for the oversight and management of the operations of the statewide all payer health care claims database authorized in chapter 43.371 RCW.
"Washington covered person" means any eligible member and all covered dependents where the covered person is a Washington state resident, ((and))or the state of Washington has primary jurisdiction, and whose laws, rules and regulations govern the members' and dependents' insurance policy or health benefit plan.