WSR 17-02-008

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed December 22, 2016, 12:56 p.m., effective January 1, 2017]

Effective Date of Rule: January 1, 2017.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: HB 2326 (chapter 139, Laws of 2016) transfers all regulatory authority of independent review organizations (IRO) from the department of health to the office of insurance commissioner (OIC) effective January 1, 2017.

Purpose: Chapter 246-305 WAC, Independent review organizations (IROs), repealing specified sections in preparation for IRO regulation to move to OIC, effective January 1, 2017. OIC is adopting new rules to replace the department of health's (department) chapter 246-305 WAC, giving OIC sole authority to certify IROs and automatically certify each IRO that was certified in good standing by the department as of December 31, 2016.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-305-001, 246-305-010, 246-305-020, 246-305-030, 246-305-040, 246-305-050, 246-305-051, 246-305-060, 246-305-070, 246-305-080, 246-305-090, 246-305-100, 246-305-110, and 246-305-990.

Statutory Authority for Adoption: HB 2326 (chapter 139, Laws of 2016).

Adopted under notice filed as WSR 16-17-059 on August 12, 2016.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 14.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 14.

Date Adopted: December 21, 2016.

John Wiesman, DrPH, MPH

Secretary

REPEALER

The following sections of the Washington Administrative Code are repealed:


WAC 246-305-001	Purpose and scope.
WAC 246-305-010	Definitions.
WAC 246-305-020	General requirements for certification.
WAC 246-305-030	Conflict of interest.
WAC 246-305-040	Expert reviewers.
WAC 246-305-050	Independent review process.
WAC 246-305-051	Additional requirements for experimental or investigational treatment reviews.
WAC 246-305-060	Criteria and considerations for independent review determinations.
WAC 246-305-070	Administrative processes and capabilities of IROs.
WAC 246-305-080	Application for certification as an IRO.
WAC 246-305-090	Ongoing requirements for IROs.
WAC 246-305-100	Powers of the department.
WAC 246-305-110	Grounds for action against an applicant or a certified IRO.
WAC 246-305-990	Maximum fee schedule.