The Department of Labor & Industries (L&I) updated its rules website
Rules filed March 2, 2021
Division: Field Services and Public Safety (Boiler Program)
Topic: Preproposal (CR-101) - Boiler Fee Increase
Brief Description: The purpose of this rulemaking is to consider a boiler and pressure vessel fee increase under WAC 296-104-700, What are the inspection fees – Examination fees – Certificate fees – Expenses?
The Board of Boiler Rules and L&I are considering increasing fees by 5.79% for boiler and pressure vessel inspections and other boiler program public safety activities. This is the Office of Financial Management’s maximum allowable fiscal growth rate for fiscal year 2022. The current fee levels are not adequate enough to cover current program expenses. A fee increase is needed to ensure the programs’ revenues match expenditures; otherwise, service levels may need to be reduced.
CR-101 Preproposal
Division: Fraud Prevention and Labor Standards (Plumber Certification Program)
Topic: Preproposal (CR-101) - Plumber Certification Rules – Phase 2
Brief Description: The purpose of this rulemaking is to consider amendments to chapter 296-400A WAC, Plumber certification rules, in order to implement the legislative changes made within the 2020 Plumbing Act (Chapter 153, Laws of 2020, Senate Bill 6170).
The amendments will addresses the following:
- Adjusting fees related to journey level and specialty plumber certification;
- Modifying how plumbing contractor’s license, renew, and reinstate their license;
- Modifying plumbing certificates and competency examinations;
- Modifying records and licenses plumbing contractors need to keep and report; and
- Adding and amending definitions.
CR-101 Preproposal
Division: Insurance Services (Health Services Analysis)
Topic: Proposal (CR-102) – Medical Aid Rules Update
Brief Description: The purpose of this proposal is to update the Medical Aid Rules rates for some professional health care services for injured workers. This rulemaking will (1) change the conversion factor used to calculate payment for anesthesia services; and (2) increase the maximum daily payment for physical and occupational therapy.
Specifically, the proposed rule changes will:
- WAC 296-20-135(3): Decrease the Resource Based Relative Value Scale (RBRVS) conversion factor from $64.74 to $57.90 and increase the anesthesia conversion factor from $3.57 to $3.64; and
- WAC 296-23-220 and WAC 296-23-230: Increase the maximum daily rate for physical and occupational therapy services from $131.48 to $136.74.
Public hearing date: April 6, 2021 (Audio/visual hearing only)
Written comments due: April 6, 2021
Intended adoption date: May 18, 2021
CR-102 Proposal
Proposal Language
Division: Insurance Services (Health Services Analysis)
Topic: Preproposal (CR-101) – Outpatient Hospitals
Brief Description: The purpose of this rulemaking is to consider amendments to chapter 296-23A WAC, Hospitals, within the following sections:
- WAC 296-23A-0700 – What is the “ambulatory payment classification” (APC) payment system?
- WAC 296-23A-0740 – How does the department calculate payments for covered outpatient services through the outpatient prospective payment system (OPPS)?
The rules L&I is considering amending are in conflict with each other because the underlying federal regulations by the Centers for Medicare and Medicaid Services changed on January 1, 2017, creating the conflict between these rules. Amending and aligning the conflicting rules would eliminate any confusion regarding L&I’s outpatient hospital payment policy.
CR-101 Preproposal
Division: Insurance Services (Self-Insurance Program)
Topic: Proposal (CR-102) – Licensing and Certification of Administrators
Brief Description: The purpose of this proposal is to update chapter 296-15 WAC, Workers’ Compensation Self-Insurance Rules and Regulations. Substitute House Bill (SHB) 2409 was enacted into law April 2020. RCW 51.14.170 requires third-party administrators (TPAs) who administer claims for self-insured employers to be licensed by L&I. It also requires all claim administrators managing self-insured claims to be certified; today, only about 25% of claims administrators are certified. This law also gives L&I the authority to penalize TPAs for rule violations. Rulemaking is necessary to align existing rule language with RCW 51.14.170 and to provide clarity on TPA licensing and claim administrator certification.
Public hearing date: April 6, 2021 (Audio/visual hearing only)
Written comments due: April 6, 2021
Intended adoption date: May 18, 2021
CR-102 Proposal
Proposal Language
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