Subject of Possible Rule Making: WAC 296-20-01002 Definitions, to create a definition of "proper and necessary" in WAC 296-20-01002 and to replace the term "medically necessary" with "proper and necessary" wherever it appears in chapters 296-20, 296-21, 296-23, and 296-23A WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030, 51.36.010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 51.36.010 specifies that a worker entitled to compensation under the provisions of Title 51 RCW shall receive "proper and necessary" health care services. Although a definition of "medically necessary" currently exists in WAC 296-20-01002 Definitions, a definition of "proper and necessary" in rule will further clarify what health care services a worker is entitled to. A new definition of "proper and necessary" is intended to replace the definition of "medically necessary" but is likely to include many of the concepts currently detailed in the definition of "medically necessary."

Process for Developing New Rule: Workers Compensation Advisory Committee, Washington State Medical Association's Industrial Insurance Advisory Committee, Chiropractic Advisory Committee, Washington State Trial Lawyers Association.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka by phone (360) 902-4941, or fax (360) 902-4249, or mail Department of Labor and Industries, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321.

August 2, 1999

Joel Sacks

for Gary Moore

Director