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The Department of Labor & Industries (L&I) updated its rulemaking website

For information on all L&I meetings and public hearings related to rulemaking, please visit our Public Participation (wa.gov).

Division: Insurance Services (Health Services Analysis)

Topic: Proposal (CR-102) – Independent Medical Examinations (IME) – Telemedicine

Brief Description: The purpose of this rulemaking is to addresses in rule how to accommodate the worker when there is no reasonably convenient examiner in the needed specialty near the worker’s community, and defines when it may be appropriate for IMEs to be conducted via telemedicine.

Engrossed Substitute Senate Bill 6440 (ESSB 6440), passed during the 2020 session, resulted in updates to RCW 51.32.110 and 51.36.070 and the addition of new chapter 51.08 RCW, and new section RCW 51.36.072. Specifically, ESSB 6440 amended RCW 51.36.070 to state that an IME “must be at a place reasonably convenient to the injured worker, or alternatively utilize telemedicine if the department determines telemedicine is appropriate for the examination.” Under the statute, "reasonably convenient" means at a place where residents in the injured worker's community would normally travel to seek medical care for the same specialty as the examiner. L&I is also required to adopt rules, policies, and processes governing the use and appropriateness of telemedicine for independent medical examinations (IMEs). The rules are needed to ensure consistency when L&I or a self-insured employer schedules an in-person or telemedicine IME.

Public hearing dates: May 24, 2023 (Virtual and Telephonic)

Written comments due: May 24, 2023                             

Intended adoption date: August 1, 2023         

The links below provide additional information about this rulemaking:

CR-102 Proposal

Proposal Language

Preliminary Cost-Benefit Analysis (CBA)