WSR 19-24-087
[Filed December 3, 2019, 11:53 a.m.]
Subject of Possible Rule Making: Chapter 296-21 WAC, Reimbursement policies: Psychiatric services, biofeedback, physical medicine, mental health services.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.313, 51.04.020, and 51.04.030.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries' (L&I) rules don't currently allow master's level therapists (MLTs) to treat injured workers. Stakeholders requested L&I change the rules and allow these providers to treat workers for accepted conditions within the providers' scope of practice. L&I decided to initiate a pilot to help determine how MLTs can best be incorporated into the workers' compensation setting.
Under this pilot these current provisions related to treatment by MLTs are waived for pilot participants only. The pilot will begin on January 1, 2020, and the exceptions granted are effective throughout a four-year pilot period or as otherwise specified. L&I may pay qualified providers participating in the project to deliver appropriate behavioral and mental health interventions to workers with an open workers' compensation claim. Pilot program results, including billing patterns, submission of required documentation, and referrals for further services will be considered in developing final rule language, medical coverage decisions, and/or payment policy. L&I has determined this waiver is in the public interest and necessary to conduct this pilot project.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: L&I is governed by Title 51 RCW, Washington's Industrial Insurance Act. No other state or federal agencies are responsible for interpreting and enforcing the provisions of this act.
Process for Developing New Rule: Pilot rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Suzy Campbell, Legal Services, P.O. Box 44270, Olympia, WA 98504-4270, phone 360-902-5003, fax 360-902-4960, TTY 360-902-4252, email, website
December 3, 2019
Joel Sacks