Bill Johnson

Simpson Investment Company
President, WSIA

As I write this, the 2009 Legislative Session has passed the halfway point in its march toward an April 26th adjournment.  Last Thursday’s March 12th cutoff for bills to pass their house of origin only eliminated a few remaining workers’ compensation bills of concern that the employer community is facing this year.  What’s still alive?  Here’s a short run-down of the more troubling bills of concern that we’re watching:

SHB 1402 – this would prohibit ex parte contact with medical providers after a claim has been appealed to the Board of Industrial Insurance Appeals.  It will restrict employers' contact with medical providers once notice of the appeal has been received, and restricts the Department's contact with medical providers once the list of witnesses has been confirmed.  Unfortunately the bill passed the House on a 55-42 vote.  WSIA strongly opposes this legislation.  If you haven’t already done so, please call your state SENATORS and ask them to vote NO on SHB 1402.

SHB 2105 and SB 5981 – these bills would require the Department of Labor & Industries to establish a special work group to analyze and identify evidence-based best practices and protocols for advanced diagnostic imaging services.  There’s a House floor amendment which would make the Department of Health the lead agency on this work group.  This is problematic in that legislation established a Health Technology Assessment committee, through the state’s Health Care Authority, in an effort to identify treatment modalities that are safe, effective, and are cost-effective.  The HTA makes recommendations to all state agencies, including DLI.  In addition, DLI has the Industrial Insurance Medical and Chiropractic Advisory Committees which review HTA recommendations and determine if the coverage decisions are the correct ones for DLI.  These bills essentially get around that objective screening process.

SSB 6035 – would put onerous restrictions on Retrospective rating programs.  While not directly affecting self-insurance, this legislation is obvious punishment for the active participation by a number of employer associations in the 2008 election, in opposition to Governor Gregoire’s reelection.  Unfortunately this bill passed the Senate on a 25-24 vote, and is now under House consideration.

A few other bills of concern have already passed the House and made their way to the Senate.  Those bills include: HB 1212 and HB 1506 – would require the payment of pension and/or death benefits to the spouse of a firefighter or state patrol officer, killed on the job, even after they remarry; and EHB 1547 – would increase the lump sum death benefit for public employees killed in the line of duty, raising it from approximately $150,000 to $175,000.

As always, WSIA’s Lobbying Coordinator Kathleen Collins and WSIA’s Executive Director Dave Kaplan are on the ground in Olympia doing battle on our behalf, under the steady policy direction of WSIA’s VP for Legislation Donna Egeland of Alaska Airlines.  And, with your phone and email connections with legislators at crucial times, we may be able to avoid a bad legislative session.

Updated 17 March 2009

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