Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The purpose of this rule making is to remove the pay differential for physician assistants from chapter 296-20 WAC. WAC 296-20-12501 requires physician assistants to be paid at 90 percent of the value listed in the fee schedule for services they perform. This differential was put in place when physician assistants were exclusively supervised by other providers and could not practice medicine on their own. With the passage of ESHB 2041, chapter 62, Laws of 2024, physician assistants may now practice autonomously in collaborative agreements with other providers. Given this change, it no longer makes sense to pay physician assistants less than other providers.

Billing procedures are commonly published as part of payment policies rather than in WAC sections. No other WAC would be rendered inaccurate by the repeal of WAC 296-20-12501. Nothing in this WAC must by necessity appear in rule; therefore, it makes the most sense to repeal it in its entirety and move any necessary information physician assistants may need to payment policy where it can be explained in greater detail and updated to reflect changes.

The department of labor and industries (L&I) will do a separate rule making to make any changes related to nonbilling language in chapter 296-20 WAC needed to align with ESHB 2041.

Process for Developing New Rule: The proposed change will be presented to advisory groups, published via the GovDelivery service, communicated to industry organizations by email, and publicized in a letter to in-network physician assistants. Parties interested in this rule change may contact the individual listed below. The public may also participate by commenting after the proposal (CR-102) is filed by providing written comments and/or testimony during the public hearing and comment process. A public hearing will be held after the proposal is filed.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Marc Hobbs, L&I, Health Services Analysis, Insurance Services, P.O. Box 44322, Olympia, WA 98504-4322, phone 360-902-4244, fax 360-902-4249, email Marc.Hobbs@Lni.wa.gov.