Self-Insurance Good Faith and Fair Dealing
The Washington State Department of Labor & Industries (L&I) has set a public hearing for March 29 on proposed rules supporting legislation that requires municipal self-insured employers and private sector firefighter self-insured employers, and their third-party administrators (TPAs) to practice good faith and fair dealing with their injured workers.
L&I has filed a CR-102 proposed rulemaking with the Office of the Code Reviser. The proposed rulemaking adds four new sections and amends four sections to the Washington Administrative Code supporting the legislation. The proposed rules would establish a good faith and fair dealing standard for municipal self-insured employers and private sector firefighter self-insured employers, and their TPAs; establish criteria for determining the appropriate penalty amount for self-insured penalties; and establish or amend criteria for decertification, including corrective action, of a self-insured employer.
A virtual, telephonic, and in-person public hearing has been scheduled to solicit comments. All testimony and written comments become part of the public record.
A link to the rulemaking activities can be found here: Rulemaking Activity at L&I (wa.gov)
Public Hearing
The hybrid public hearing is scheduled as follows:
March 29, 2024, at 10 a.m.
Labor & Industries S119
7273 Linderson Way SW
Tumwater WA 98501
Join electronic Zoom meeting: https://lni-wa-gov.zoom.us/j/85650691140?pwd=a0NDeFBBR2pJYjh2eFpRS0FrRWdJZz09
Meeting ID: 856 5069 1140
Passcode: GF&FDR1521
Join by phone: 253-205-0468
Meeting ID: 856 5069 1140
Passcode: 8789583741
Find your local number: https://lni-wa-gov.zoom.us/u/kdFrdfe0fg
Written Comments
Written comments on the proposed rules will be accepted up to 5 p.m. (PST),
March 29, 2024. Send any written comments to Nicole Mitchell via:
Mail:
Department of Labor & Industries
PO Box 44890
Olympia WA 98504-4890
or
Fax: 360-902-6977
or
Email: Nicole.Mitchell@Lni.wa.gov
Anticipated Adoption Date
The proposed rules are scheduled for adoption on April 30, 2024 with a scheduled effective date of July 1, 2024.
If you need additional information or have questions concerning this proposed rulemaking, please contact Nicole Mitchell at 360-902-6833.
Sincerely,
Brenda Heilman
Deputy Assistant Director for Insurance Services
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