Subject of Possible Rule Making: Revise chapter 296-20 WAC, General rules and chapter 296-23 WAC, Specialty providers, to develop regulations regarding eligibility requirements for providers of attendant care services. Rules may affect services provided to industrially injured or ill workers covered pursuant to Title 51 RCW under the state fund, self insurance and crime victim programs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030, 51.32.060, 51.32.072, and 7.68.070.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Pursuant to the above statutes, the Department of Labor and Industries (L&I) establishes and adopts rules governing administration of Title 51 RCW. The purpose of the proposed rule change(s) is to: (1) Address quality of care issues through the establishment of eligibility requirements for providers of attendant care services; (2) to resolve and clarify issues relating to payment of federal and state taxes; and (3) to resolve and clarify issues relating to mandatory industrial insurance coverage.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Washington State Department of Health (DOH) and the Washington State Department of Social and Health Services (DSHS) also regulate this subject. Representatives of those agencies have been contacted regarding L&I's proposed rule changes. L&I's rule making will not affect the regulation of this subject by DSHS and DOH.

Process for Developing New Rule: L&I contacted multiple Home Health Agencies and Home Care Agencies. We contacted representatives of the Home Care Association of Washington, DOH and DSHS and presented the proposed changes to representatives of Labor and Business through the Workers' Compensation Advisory Committee (WCAC). An initial analysis of the proposed program, followed by the proposed rule, will be mailed to interested persons. This will be followed by a public hearing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jim Dick, Medical Program Specialist, Washington State Department of Labor and Industries, P.O. Box 44321, Olympia, WA 98504-4321, phone (360) 902-5131, fax (360) 902-4249, dija235@lni.wa.gov.

     Assistance for Persons with Disabilities: Contact 1-800-547-8367 or TDD 1-360-902-5797.

January 3, 2001

Gary Moore

Director

© Washington State Code Reviser's Office