CR-102: House Bill 1197 (Chapter 171, Laws of 2023) Psychologists and physician assistants as attending providers

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washington state department of labor and industries - claims and insurance

Self-Insurance

CR-102: House Bill 1197 (Chapter 171, Laws of 2023) Psychologists and physician assistants as attending providers

The Department of Labor & Industries (L&I) Office of the Medical Director filed a CR-102 with proposed language to implement House Bill 1197 (Chapter 171, Laws of 2023) and to align with Engrossed Substitute House Bill 2041 (Chapter 62, Laws of 2024).

Legislative bills:

  • HB 1197 - Defining attending provider and clarifying other provider functions for workers' compensation claims, and adding psychologists as attending providers for mental health only claims.
  • ESHB 2041 - Physician assistant collaborative practice.

HB 1197 lists in statute who can be attending providers on Washington workers’ compensation claims. It includes providers that are already in the definition of “attending provider” in WAC 296-20-01002 Definitions (i.e. physicians, osteopathic physicians, chiropractors, naturopaths, podiatrists, dentists, optometrists, and advanced registered nurse practitioners). In addition, HB 1197 adds psychologists in the case of claims solely for mental health conditions, and physician assistants.

Rules to amend:

WAC 296-20-01002 Definitions and WAC 296-20-01501 Physician assistant rules

  • L&I is proposing to amend these rules to reflect that change.

WAC 296-20-01010 Scope of health care provider network.

  • L&I is proposing to add “psychologists” to the Medical Provider Network.

WAC 296-20-01501 Physician assistant rules.

  • L&I is proposing to add language to this rule to align with ESHB 2041. It will refer to physician assistants working under a collaboration agreement as defined in the Department of Health statute RCW 18.71A.010 and will include minor credentialing changes.

The rulemaking proposal was filed on January 21, 2025. L&I anticipates filing the CR-103 for adoption on May 20, 2025. The anticipated effective date is July 1, 2025.
You can review the CR-102 and proposed rules at: https://www.lni.wa.gov/rulemaking-activity/?query=providers&cardNo=AO24-28

A public hearing is scheduled as follows:
     February 26, 2025, at 2:30 p.m.
     Department of Labor & Industries
     Headquarters Building, Room S117
     7273 Linderson Way SW
     Tumwater, WA 98501

To join electronically:
Join Zoom meeting at https://lni-wa-gov.zoom.us/j/8895985899?omn=84949494364
Meeting ID: 889 598 5899

Join by phone (audio only):
253-215-8782 US (Tacoma)
Meeting ID 889 598 5899
Find your local number: https://lni-wa-gov.zoom.us/u/kvv2gVntf

You can provide testimony or written comments at the above hearing. You can also send written comments by 5:00 p.m. on February 28, 2025, to:

Mail: Jami Lifka
     Washington State Department of Labor & Industries
     Insurance Services/Office of the Medical Director
     P.O. Box 44321
     Olympia, WA 98504-4321

Email: Jami.Lifka@Lni.wa.gov
Fax: 360-902-6315

Please see Rulemaking Activity at L&I (wa.gov) for more detailed information.

L&I will also be following up with information on the process and timeline for psychologists to apply to join the Medical Provider Network.

You can reach out to Jami Lifka (Jami.Lifka@Lni.wa.gov) if you have any questions.