WSR 17-21-075

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 16, 2017, 2:11 p.m.]

Subject of Possible Rule Making: Title 246 WAC, the department of health (department) is considering creating new rules to implement chapter 220, Laws of 2017 (SSB 5514), Emergency department patient care information—Department of health collection—Confidentiality, by establishing reporting and data release requirements for emergency department data collection. This data collection and release process is called syndromic surveillance. As required by SSB 5514, the department will consider current and emerging national standards when developing proposed rules.

Statutes Authorizing the Agency to Adopt Rules on this Subject: SSB 5514 (chapter 220, Laws of 2017).

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2017, the Washington state legislature adopted SSB 5514, which mandates the automated, electronic reporting of patient visit data from Washington state emergency departments to the department. Prior to the passage of SSB 5514, such reporting was a voluntary activity funded through the Centers for Medicare and Medicaid Services and defined through the Public Health Information Network and Washington state messaging guides. Rules may be needed to effectively implement the provisions of SSB 5514 and standardize emergency department data reporting, collection, and release in Washington state.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: SSB 5514 requires the department to adopt rules to establish standards for data reporting for Washington state emergency departments and for data release. The Centers for Disease Control and Prevention and the Centers for Medicare and Medicaid Services also maintain a regularly updated messaging guide for syndromic surveillance data reporting, which the department incorporates into the state messaging guide. Additionally, the state syndromic surveillance program works closely with national partners to standardize surveillance practices.

Process for Developing New Rule: The department will use a collaborative rule-making process to develop the proposed rules including conducting tailored messaging to solicit comments from interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Amanda Dylina Morse, 1610 N.E. 150th Street, Shoreline, WA 98155, phone 206-437-2045, TTY 360-833-6388 or 711; or Kevin Wickersham, 1610 N.E. 150th Street, Shoreline, WA 98155, phone 206-450-9827, email kevin.wickersham@doh.wa.gov.

Additional comments: http://www.doh.wa.gov/ForPublicHealthandHealthcareProviders/HealthcareProfessionsandFacilities/PublicHealthMeaningfulUse/SyndromicSurveillance/RHINO.

October 16, 2017

John Wiesman, DrPH, MPH

Secretary