PTSD treatment and research

AN ACT Relating to establishing a pilot program for posttraumatic 1
stress disorder treatment and research; amending RCW 49.17.243, 2
51.36.010, 51.36.010, and 51.36.060; adding a new section to chapter 3
51.36 RCW; creating a new section; providing effective dates; and 4
providing expiration dates. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 49.17.243 and 2011 1st sp.s. c 37 s 501 are each 7
amended to read as follows: 8
(1) The director is authorized to provide funding from the 9
medical aid fund established under RCW 51.44.020, by grant or 10
contract, for safety and health investment projects for workplaces 11
insured for workers' compensation through the department's state 12
fund. This shall include projects to: Prevent workplace injuries, 13
illnesses, and fatalities; create early return-to-work programs; and 14
reduce long-term disability through the cooperation of employers and 15
employees or their representatives. 16
(2) Awards may be granted to organizations such as, but not 17
limited to, trade associations, business associations, employers, 18
employees, labor unions, employee organizations, joint labor and 19
management groups, and educational institutions in collaboration with 20
state fund employer and employee representatives. 21
Z-0442.2
HOUSE BILL 2405
State of Washington 69th Legislature 2026 Regular Session
By Representatives Schmidt, Bronoske, Parshley, Salahuddin, Simmons,
Davis, and Nance; by request of Department of Labor & Industries
Read first time 01/13/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2405
(3) Awards may not be used for lobbying or political activities; 1
supporting, opposing, or developing legislative or regulatory 2
initiatives; any activity not designed to reduce workplace injuries, 3
illnesses, or fatalities; or reimbursing employers for the normal 4
costs of complying with safety and health rules. 5
(4) Funds for awards shall be distributed as follows: At least 6
((twenty-five)) 25 percent for projects designed to develop and 7
implement innovative and effective return-to-work programs for 8
injured workers; at least ((twenty-five)) 25 percent for projects 9
that specifically address the needs of small businesses; and at least 10
((fifty)) 50 percent for projects that foster workplace injury and 11
illness prevention by addressing priorities identified by the 12
department in cooperation with the Washington industrial safety and 13
health act advisory committee and the workers' compensation advisory 14
committee. 15
(5) The department is authorized to use the funds allocated for 16
effective return-to-work projects related to return-to-work programs 17
under subsection (4) of this section to provide funding for grants or 18
contracts for the development and evaluation of workplace behavioral 19
health programs including, but not limited to, suicide prevention, 20
mental health training, and developing supportive workplace cultures. 21
The projects must be focused on occupations that have high risk of 22
posttraumatic stress disorder through repetitive exposure to trauma. 23
The department is authorized to determine appropriate organizations 24
eligible for awards under this subsection.25
(6) The department shall adopt rules as necessary to implement 26
this section. 27
Sec. 2. RCW 51.36.010 and 2023 c 171 s 9 are each amended to 28
read as follows: 29
(1) The legislature finds that high quality medical treatment and 30
adherence to occupational health best practices can prevent 31
disability and reduce loss of family income for workers, and lower 32
labor and insurance costs for employers. Injured workers deserve high 33
quality medical care in accordance with current health care best 34
practices. To this end, the department shall establish minimum 35
standards for providers who treat workers from both state fund and 36
self-insured employers. The department shall establish a health care 37
provider network to treat injured workers, and shall accept providers 38
into the network who meet those minimum standards. The department 39
p. 2 HB 2405
shall convene an advisory group made up of representatives from or 1
designees of the workers' compensation advisory committee and the 2
industrial insurance medical and chiropractic advisory committees to 3
consider and advise the department related to implementation of this 4
section, including development of best practices treatment guidelines 5
for providers in the network. The department shall also seek the 6
input of various health care provider groups and associations 7
concerning the network's implementation. Network providers must be 8
required to follow the department's evidence-based coverage decisions 9
and treatment guidelines, policies, and must be expected to follow 10
other national treatment guidelines appropriate for their patient. 11
The department, in collaboration with the advisory group, shall also 12
establish additional best practice standards for providers to qualify 13
for a second tier within the network, based on demonstrated use of 14
occupational health best practices. This second tier is separate from 15
and in addition to the centers for occupational health and education 16
established under subsection (5) of this section. 17
(2)(a) Upon the occurrence of any injury to a worker entitled to 18
compensation under the provisions of this title, he or she shall 19
receive proper and necessary medical and surgical services at the 20
hands of a physician, osteopathic physician, chiropractor, 21
naturopath, podiatric physician, optometrist, dentist, licensed 22
advanced registered nurse practitioner, physician assistant, or 23
psychologist in claims solely for mental health conditions, of his or 24
her own choice, if conveniently located, except as provided in (b) of 25
this subsection, and proper and necessary hospital care and services 26
during the period of his or her disability from such injury.27
(b) Once the provider network is established in the worker's 28
geographic area, an injured worker may receive care from a nonnetwork 29
provider only for an initial office or emergency room visit. However, 30
the department or self-insurer may limit reimbursement to the 31
department's standard fee for the services. The provider must comply 32
with all applicable billing policies and must accept the department's 33
fee schedule as payment in full. 34
(c) The department, in collaboration with the advisory group, 35
shall adopt policies for the development, credentialing, 36
accreditation, and continued oversight of a network of health care 37
providers approved to treat injured workers. Health care providers 38
shall apply to the network by completing the department's provider 39
application which shall have the force of a contract with the 40
p. 3 HB 2405
department to treat injured workers. The advisory group shall 1
recommend minimum network standards for the department to approve a 2
provider's application, to remove a provider from the network, or to 3
require peer review such as, but not limited to: 4
(i) Current malpractice insurance coverage exceeding a dollar 5
amount threshold, number, or seriousness of malpractice suits over a 6
specific time frame; 7
(ii) Previous malpractice judgments or settlements that do not 8
exceed a dollar amount threshold recommended by the advisory group, 9
or a specific number or seriousness of malpractice suits over a 10
specific time frame; 11
(iii) No licensing or disciplinary action in any jurisdiction or 12
loss of treating or admitting privileges by any board, commission, 13
agency, public or private health care payer, or hospital;14
(iv) For some specialties such as surgeons, privileges in at 15
least one hospital; 16
(v) Whether the provider has been credentialed by another health 17
plan that follows national quality assurance guidelines; and18
(vi) Alternative criteria for providers that are not credentialed 19
by another health plan. 20
The department shall develop alternative criteria for providers 21
that are not credentialed by another health plan or as needed to 22
address access to care concerns in certain regions.23
(d) Network provider contracts will automatically renew at the 24
end of the contract period unless the department provides written 25
notice of changes in contract provisions or the department or 26
provider provides written notice of contract termination. The 27
industrial insurance medical advisory committee shall develop 28
criteria for removal of a provider from the network to be presented 29
to the department and advisory group for consideration in the 30
development of contract terms. 31
(e) In order to monitor quality of care and assure efficient 32
management of the provider network, the department shall establish 33
additional criteria and terms for network participation including, 34
but not limited to, requiring compliance with administrative and 35
billing policies. 36
(f) The advisory group shall recommend best practices standards 37
to the department to use in determining second tier network 38
providers. The department shall develop and implement financial and 39
nonfinancial incentives for network providers who qualify for the 40
p. 4 HB 2405
second tier. The department is authorized to certify and decertify 1
second tier providers. 2
(3) The department shall work with self-insurers and the 3
department utilization review provider to implement utilization 4
review for the self-insured community to ensure consistent quality, 5
cost-effective care for all injured workers and employers, and to 6
reduce administrative burden for providers. 7
(4) The department for state fund claims shall pay, in accordance 8
with the department's fee schedule, for any alleged injury for which 9
a worker files a claim, any initial prescription drugs provided in 10
relation to that initial visit, without regard to whether the 11
worker's claim for benefits is allowed. ((In)) Notwithstanding 12
treatment provided under section 5 of this act, in all accepted 13
claims, treatment shall be limited in point of duration as follows:14
In the case of permanent partial disability, not to extend beyond 15
the date when compensation shall be awarded him or her, except when 16
the worker returned to work before permanent partial disability award 17
is made, in such case not to extend beyond the time when monthly 18
allowances to him or her shall cease; in case of temporary disability 19
not to extend beyond the time when monthly allowances to him or her 20
shall cease: PROVIDED, That after any injured worker has returned to 21
his or her work his or her medical and surgical treatment may be 22
continued if, and so long as, such continuation is deemed necessary 23
by the supervisor of industrial insurance to be necessary to his or 24
her more complete recovery; in case of a permanent total disability 25
not to extend beyond the date on which a lump sum settlement is made 26
with him or her or he or she is placed upon the permanent pension 27
roll: PROVIDED, HOWEVER, That the supervisor of industrial insurance, 28
solely in his or her discretion, may authorize continued medical and 29
surgical treatment for conditions previously accepted by the 30
department when such medical and surgical treatment is deemed 31
necessary by the supervisor of industrial insurance to protect such 32
worker's life or provide for the administration of medical and 33
therapeutic measures including payment of prescription medications, 34
but not including those controlled substances currently scheduled by 35
the pharmacy quality assurance commission as Schedule I, II, III, or 36
IV substances under chapter 69.50 RCW, which are necessary to 37
alleviate continuing pain which results from the industrial injury. 38
In order to authorize such continued treatment the written order of 39
p. 5 HB 2405
the supervisor of industrial insurance issued in advance of the 1
continuation shall be necessary. 2
The supervisor of industrial insurance, the supervisor's 3
designee, or a self-insurer, in his or her sole discretion, may 4
authorize inoculation or other immunological treatment in cases in 5
which a work-related activity has resulted in probable exposure of 6
the worker to a potential infectious occupational disease. 7
Authorization of such treatment does not bind the department or self-8
insurer in any adjudication of a claim by the same worker or the 9
worker's beneficiary for an occupational disease. 10
(5)(a) The legislature finds that the department and its business 11
and labor partners have collaborated in establishing centers for 12
occupational health and education to promote best practices and 13
prevent preventable disability by focusing additional provider-based 14
resources during the first ((twelve)) 12 weeks following an injury. 15
The centers for occupational health and education represent 16
innovative accountable care systems in an early stage of development 17
consistent with national health care reform efforts. Many Washington 18
workers do not yet have access to these innovative health care 19
delivery models. 20
(b) To expand evidence-based occupational health best practices, 21
the department shall establish additional centers for occupational 22
health and education, with the goal of extending access to at least 23
((fifty)) 50 percent of injured and ill workers by December 2013 and 24
to all injured workers by December 2015. The department shall also 25
develop additional best practices and incentives that span the entire 26
period of recovery, not only the first ((twelve)) 12 weeks.27
(c) The department shall certify and decertify centers for 28
occupational health and education based on criteria including 29
institutional leadership and geographic areas covered by the center 30
for occupational health and education, occupational health leadership 31
and education, mix of participating health care providers necessary 32
to address the anticipated needs of injured workers, health services 33
coordination to deliver occupational health best practices, 34
indicators to measure the success of the center for occupational 35
health and education, and agreement that the center's providers 36
shall, if feasible, treat certain injured workers if referred by the 37
department or a self-insurer. 38
(d) Health care delivery organizations may apply to the 39
department for certification as a center for occupational health and 40
p. 6 HB 2405
education. These may include, but are not limited to, hospitals and 1
affiliated clinics and providers, multispecialty clinics, health 2
maintenance organizations, and organized systems of network 3
physicians. 4
(e) The centers for occupational health and education shall 5
implement benchmark quality indicators of occupational health best 6
practices for individual providers, developed in collaboration with 7
the department. A center for occupational health and education shall 8
remove individual providers who do not consistently meet these 9
quality benchmarks. 10
(f) The department shall develop and implement financial and 11
nonfinancial incentives for center for occupational health and 12
education providers that are based on progressive and measurable 13
gains in occupational health best practices, and that are applicable 14
throughout the duration of an injured or ill worker's episode of 15
care. 16
(g) The department shall develop electronic methods of tracking 17
evidence-based quality measures to identify and improve outcomes for 18
injured workers at risk of developing prolonged disability. In 19
addition, these methods must be used to provide systematic feedback 20
to physicians regarding quality of care, to conduct appropriate 21
objective evaluation of progress in the centers for occupational 22
health and education, and to allow efficient coordination of 23
services. 24
(6) If a provider fails to meet the minimum network standards 25
established in subsection (2) of this section, the department is 26
authorized to remove the provider from the network or take other 27
appropriate action regarding a provider's participation. The 28
department may also require remedial steps as a condition for a 29
provider to participate in the network. The department, with input 30
from the advisory group, shall establish waiting periods that may be 31
imposed before a provider who has been denied or removed from the 32
network may reapply. 33
(7) The department may permanently remove a provider from the 34
network or take other appropriate action when the provider exhibits a 35
pattern of conduct of low quality care that exposes patients to risk 36
of physical or psychiatric harm or death. Patterns that qualify as 37
risk of harm include, but are not limited to, poor health care 38
outcomes evidenced by increased, chronic, or prolonged pain or 39
decreased function due to treatments that have not been shown to be 40
p. 7 HB 2405
curative, safe, or effective or for which it has been shown that the 1
risks of harm exceed the benefits that can be reasonably expected 2
based on peer-reviewed opinion. 3
(8) The department may not remove a health care provider from the 4
network for an isolated instance of poor health and recovery outcomes 5
due to treatment by the provider. 6
(9) When the department terminates a provider from the network, 7
the department or self-insurer shall assist an injured worker 8
currently under the provider's care in identifying a new network 9
provider or providers from whom the worker can select an attending or 10
treating provider. In such a case, the department or self-insurer 11
shall notify the injured worker that he or she must choose a new 12
attending or treating provider. 13
(10) The department may adopt rules related to this section.14
(11) The department shall report to the workers' compensation 15
advisory committee and to the appropriate committees of the 16
legislature on each December 1st, beginning in 2012 and ending in 17
2016, on the implementation of the provider network and expansion of 18
the centers for occupational health and education. The reports must 19
include a summary of actions taken, progress toward long-term goals, 20
outcomes of key initiatives, access to care issues, results of 21
disputes or controversies related to new provisions, and whether any 22
changes are needed to further improve the occupational health best 23
practices care of injured workers. 24
Sec. 3. RCW 51.36.010 and 2025 c 58 s 5117 are each amended to 25
read as follows: 26
(1) The legislature finds that high quality medical treatment and 27
adherence to occupational health best practices can prevent 28
disability and reduce loss of family income for workers, and lower 29
labor and insurance costs for employers. Injured workers deserve high 30
quality medical care in accordance with current health care best 31
practices. To this end, the department shall establish minimum 32
standards for providers who treat workers from both state fund and 33
self-insured employers. The department shall establish a health care 34
provider network to treat injured workers, and shall accept providers 35
into the network who meet those minimum standards. The department 36
shall convene an advisory group made up of representatives from or 37
designees of the workers' compensation advisory committee and the 38
industrial insurance medical and chiropractic advisory committees to 39
p. 8 HB 2405
consider and advise the department related to implementation of this 1
section, including development of best practices treatment guidelines 2
for providers in the network. The department shall also seek the 3
input of various health care provider groups and associations 4
concerning the network's implementation. Network providers must be 5
required to follow the department's evidence-based coverage decisions 6
and treatment guidelines, policies, and must be expected to follow 7
other national treatment guidelines appropriate for their patient. 8
The department, in collaboration with the advisory group, shall also 9
establish additional best practice standards for providers to qualify 10
for a second tier within the network, based on demonstrated use of 11
occupational health best practices. This second tier is separate from 12
and in addition to the centers for occupational health and education 13
established under subsection (5) of this section. 14
(2)(a) Upon the occurrence of any injury to a worker entitled to 15
compensation under the provisions of this title, he or she shall 16
receive proper and necessary medical and surgical services at the 17
hands of a physician, osteopathic physician, chiropractor, 18
naturopath, podiatric physician, optometrist, dentist, licensed 19
advanced practice registered nurse, physician assistant, or 20
psychologist in claims solely for mental health conditions, of his or 21
her own choice, if conveniently located, except as provided in (b) of 22
this subsection, and proper and necessary hospital care and services 23
during the period of his or her disability from such injury.24
(b) Once the provider network is established in the worker's 25
geographic area, an injured worker may receive care from a nonnetwork 26
provider only for an initial office or emergency room visit. However, 27
the department or self-insurer may limit reimbursement to the 28
department's standard fee for the services. The provider must comply 29
with all applicable billing policies and must accept the department's 30
fee schedule as payment in full. 31
(c) The department, in collaboration with the advisory group, 32
shall adopt policies for the development, credentialing, 33
accreditation, and continued oversight of a network of health care 34
providers approved to treat injured workers. Health care providers 35
shall apply to the network by completing the department's provider 36
application which shall have the force of a contract with the 37
department to treat injured workers. The advisory group shall 38
recommend minimum network standards for the department to approve a 39
p. 9 HB 2405
provider's application, to remove a provider from the network, or to 1
require peer review such as, but not limited to: 2
(i) Current malpractice insurance coverage exceeding a dollar 3
amount threshold, number, or seriousness of malpractice suits over a 4
specific time frame; 5
(ii) Previous malpractice judgments or settlements that do not 6
exceed a dollar amount threshold recommended by the advisory group, 7
or a specific number or seriousness of malpractice suits over a 8
specific time frame; 9
(iii) No licensing or disciplinary action in any jurisdiction or 10
loss of treating or admitting privileges by any board, commission, 11
agency, public or private health care payer, or hospital;12
(iv) For some specialties such as surgeons, privileges in at 13
least one hospital; 14
(v) Whether the provider has been credentialed by another health 15
plan that follows national quality assurance guidelines; and16
(vi) Alternative criteria for providers that are not credentialed 17
by another health plan. 18
The department shall develop alternative criteria for providers 19
that are not credentialed by another health plan or as needed to 20
address access to care concerns in certain regions.21
(d) Network provider contracts will automatically renew at the 22
end of the contract period unless the department provides written 23
notice of changes in contract provisions or the department or 24
provider provides written notice of contract termination. The 25
industrial insurance medical advisory committee shall develop 26
criteria for removal of a provider from the network to be presented 27
to the department and advisory group for consideration in the 28
development of contract terms. 29
(e) In order to monitor quality of care and assure efficient 30
management of the provider network, the department shall establish 31
additional criteria and terms for network participation including, 32
but not limited to, requiring compliance with administrative and 33
billing policies. 34
(f) The advisory group shall recommend best practices standards 35
to the department to use in determining second tier network 36
providers. The department shall develop and implement financial and 37
nonfinancial incentives for network providers who qualify for the 38
second tier. The department is authorized to certify and decertify 39
second tier providers. 40
p. 10 HB 2405
(3) The department shall work with self-insurers and the 1
department utilization review provider to implement utilization 2
review for the self-insured community to ensure consistent quality, 3
cost-effective care for all injured workers and employers, and to 4
reduce administrative burden for providers. 5
(4) The department for state fund claims shall pay, in accordance 6
with the department's fee schedule, for any alleged injury for which 7
a worker files a claim, any initial prescription drugs provided in 8
relation to that initial visit, without regard to whether the 9
worker's claim for benefits is allowed. ((In)) Notwithstanding 10
treatment provided under section 5 of this act, in all accepted 11
claims, treatment shall be limited in point of duration as follows:12
In the case of permanent partial disability, not to extend beyond 13
the date when compensation shall be awarded him or her, except when 14
the worker returned to work before permanent partial disability award 15
is made, in such case not to extend beyond the time when monthly 16
allowances to him or her shall cease; in case of temporary disability 17
not to extend beyond the time when monthly allowances to him or her 18
shall cease: PROVIDED, That after any injured worker has returned to 19
his or her work his or her medical and surgical treatment may be 20
continued if, and so long as, such continuation is deemed necessary 21
by the supervisor of industrial insurance to be necessary to his or 22
her more complete recovery; in case of a permanent total disability 23
not to extend beyond the date on which a lump sum settlement is made 24
with him or her or he or she is placed upon the permanent pension 25
roll: PROVIDED, HOWEVER, That the supervisor of industrial insurance, 26
solely in his or her discretion, may authorize continued medical and 27
surgical treatment for conditions previously accepted by the 28
department when such medical and surgical treatment is deemed 29
necessary by the supervisor of industrial insurance to protect such 30
worker's life or provide for the administration of medical and 31
therapeutic measures including payment of prescription medications, 32
but not including those controlled substances currently scheduled by 33
the pharmacy quality assurance commission as Schedule I, II, III, or 34
IV substances under chapter 69.50 RCW, which are necessary to 35
alleviate continuing pain which results from the industrial injury. 36
In order to authorize such continued treatment the written order of 37
the supervisor of industrial insurance issued in advance of the 38
continuation shall be necessary. 39
p. 11 HB 2405
The supervisor of industrial insurance, the supervisor's 1
designee, or a self-insurer, in his or her sole discretion, may 2
authorize inoculation or other immunological treatment in cases in 3
which a work-related activity has resulted in probable exposure of 4
the worker to a potential infectious occupational disease. 5
Authorization of such treatment does not bind the department or self-6
insurer in any adjudication of a claim by the same worker or the 7
worker's beneficiary for an occupational disease. 8
(5)(a) The legislature finds that the department and its business 9
and labor partners have collaborated in establishing centers for 10
occupational health and education to promote best practices and 11
prevent preventable disability by focusing additional provider-based 12
resources during the first ((twelve)) 12 weeks following an injury. 13
The centers for occupational health and education represent 14
innovative accountable care systems in an early stage of development 15
consistent with national health care reform efforts. Many Washington 16
workers do not yet have access to these innovative health care 17
delivery models. 18
(b) To expand evidence-based occupational health best practices, 19
the department shall establish additional centers for occupational 20
health and education, with the goal of extending access to at least 21
((fifty)) 50 percent of injured and ill workers by December 2013 and 22
to all injured workers by December 2015. The department shall also 23
develop additional best practices and incentives that span the entire 24
period of recovery, not only the first ((twelve)) 12 weeks.25
(c) The department shall certify and decertify centers for 26
occupational health and education based on criteria including 27
institutional leadership and geographic areas covered by the center 28
for occupational health and education, occupational health leadership 29
and education, mix of participating health care providers necessary 30
to address the anticipated needs of injured workers, health services 31
coordination to deliver occupational health best practices, 32
indicators to measure the success of the center for occupational 33
health and education, and agreement that the center's providers 34
shall, if feasible, treat certain injured workers if referred by the 35
department or a self-insurer. 36
(d) Health care delivery organizations may apply to the 37
department for certification as a center for occupational health and 38
education. These may include, but are not limited to, hospitals and 39
affiliated clinics and providers, multispecialty clinics, health 40
p. 12 HB 2405
maintenance organizations, and organized systems of network 1
physicians. 2
(e) The centers for occupational health and education shall 3
implement benchmark quality indicators of occupational health best 4
practices for individual providers, developed in collaboration with 5
the department. A center for occupational health and education shall 6
remove individual providers who do not consistently meet these 7
quality benchmarks. 8
(f) The department shall develop and implement financial and 9
nonfinancial incentives for center for occupational health and 10
education providers that are based on progressive and measurable 11
gains in occupational health best practices, and that are applicable 12
throughout the duration of an injured or ill worker's episode of 13
care. 14
(g) The department shall develop electronic methods of tracking 15
evidence-based quality measures to identify and improve outcomes for 16
injured workers at risk of developing prolonged disability. In 17
addition, these methods must be used to provide systematic feedback 18
to physicians regarding quality of care, to conduct appropriate 19
objective evaluation of progress in the centers for occupational 20
health and education, and to allow efficient coordination of 21
services. 22
(6) If a provider fails to meet the minimum network standards 23
established in subsection (2) of this section, the department is 24
authorized to remove the provider from the network or take other 25
appropriate action regarding a provider's participation. The 26
department may also require remedial steps as a condition for a 27
provider to participate in the network. The department, with input 28
from the advisory group, shall establish waiting periods that may be 29
imposed before a provider who has been denied or removed from the 30
network may reapply. 31
(7) The department may permanently remove a provider from the 32
network or take other appropriate action when the provider exhibits a 33
pattern of conduct of low quality care that exposes patients to risk 34
of physical or psychiatric harm or death. Patterns that qualify as 35
risk of harm include, but are not limited to, poor health care 36
outcomes evidenced by increased, chronic, or prolonged pain or 37
decreased function due to treatments that have not been shown to be 38
curative, safe, or effective or for which it has been shown that the 39
p. 13 HB 2405
risks of harm exceed the benefits that can be reasonably expected 1
based on peer-reviewed opinion. 2
(8) The department may not remove a health care provider from the 3
network for an isolated instance of poor health and recovery outcomes 4
due to treatment by the provider. 5
(9) When the department terminates a provider from the network, 6
the department or self-insurer shall assist an injured worker 7
currently under the provider's care in identifying a new network 8
provider or providers from whom the worker can select an attending or 9
treating provider. In such a case, the department or self-insurer 10
shall notify the injured worker that he or she must choose a new 11
attending or treating provider. 12
(10) The department may adopt rules related to this section.13
(11) The department shall report to the workers' compensation 14
advisory committee and to the appropriate committees of the 15
legislature on each December 1st, beginning in 2012 and ending in 16
2016, on the implementation of the provider network and expansion of 17
the centers for occupational health and education. The reports must 18
include a summary of actions taken, progress toward long-term goals, 19
outcomes of key initiatives, access to care issues, results of 20
disputes or controversies related to new provisions, and whether any 21
changes are needed to further improve the occupational health best 22
practices care of injured workers. 23
Sec. 4. RCW 51.36.060 and 2023 c 171 s 11 are each amended to 24
read as follows: 25
Attending providers under this title shall comply with rules and 26
regulations adopted by the director, and shall make such reports as 27
may be requested by the department or self-insurer upon the condition 28
or treatment of any such worker, or upon any other matters concerning 29
such workers in their care. Except under RCW 49.17.210 and 49.17.250, 30
and notwithstanding treatment provided under section 5 (2)(a)(i) of 31
this act, all medical information in the possession or control of any 32
person and relevant to the particular injury in the opinion of the 33
department pertaining to any worker whose injury or occupational 34
disease is the basis of a claim under this title shall be made 35
available at any stage of the proceedings to the employer, the 36
claimant's representative, and the department upon request, and no 37
person shall incur any legal liability by reason of releasing such 38
information. 39
p. 14 HB 2405
NEW SECTION. Sec. 5. A new section is added to chapter 51.36 1
RCW to read as follows: 2
(1) Legislative findings and intent. The legislature finds that 3
posttraumatic stress disorder is a serious and growing concern for 4
workers in high risk occupations, and that emerging research supports 5
the link between trauma exposure and the development of posttraumatic 6
stress disorder. The legislature intends to support innovative 7
strategies to diagnose and treat work-related posttraumatic stress 8
disorder, with the goal of improving recovery outcomes that enable 9
sustained work. To that end, the department is authorized and 10
directed to develop and implement a pilot program focused on these 11
objectives. 12
(2) Pilot program design and implementation.13
(a) In consultation with subject matter experts from the 14
department and advisory committees including, but not limited to, the 15
advisory committee established under RCW 51.04.110, the department 16
shall design and implement a pilot program to expand access to 17
evidence-based, high quality care for workers exposed to trauma 18
seeking coverage of posttraumatic stress disorder as an occupational 19
disease. As part of the pilot program, the department and self-20
insured employers may: 21
(i) Authorize access to treatment for posttraumatic stress 22
disorder prior to claim adjudication, without regard to whether the 23
worker's claim for benefits is allowed. Costs for treatment prior to 24
claim adjudication on state fund claims that are ultimately rejected 25
shall be spread across all risk classes for which there is a 26
presumption of coverage of posttraumatic stress disorder as an 27
occupational disease. Costs for treatment prior to claim adjudication 28
on self-insured claims that are ultimately rejected shall be paid by 29
the self-insurer. Payment for this treatment or any other benefits 30
under this title, prior to the entry of an order by the department in 31
accordance with RCW 51.52.050 as now or hereafter amended, shall not 32
be considered a binding determination of the obligations of the 33
department or self-insurer under this title. Treatment for 34
posttraumatic stress disorder prior to claim adjudication shall be 35
limited to a clinical diagnostic interview or mental health 36
evaluation in which a mental health provider diagnoses posttraumatic 37
stress disorder and 11 treatment sessions to occur within 90 days of 38
the diagnosis. 39
p. 15 HB 2405
(ii) Enter into agreements with health care organizations or 1
providers experienced in the diagnosis, assessment, and treatment of 2
posttraumatic stress disorder and probable posttraumatic stress 3
disorder. To enter into an agreement with the department or a self-4
insurer, a health care organization or provider must meet 5
qualifications and requirements established by the department. The 6
department may identify and implement financial and other incentives 7
for participating providers, develop criteria for workers to receive 8
services under these agreements, and develop criteria for evaluating 9
the success of these agreements. 10
(iii) Authorize up to six additional treatment sessions for 11
posttraumatic stress disorder within one year of claim closure, when 12
such treatment is deemed necessary to maintain the worker's level of 13
functioning at the time of claim closure. 14
(iv) Modify administrative requirements as necessary to simplify 15
and reduce barriers for both workers and treating providers 16
participating in the pilot program. "Administrative requirements" for 17
the purpose of this act may include, but are not limited to, forms, 18
documentation, timelines, reporting obligations, prior 19
authorizations, or other programmatic processes imposed on workers or 20
treating providers solely for treatment under the pilot program.21
(b) Self-insurers who participate in the pilot program shall upon 22
request produce a report of all workers' compensation claims that 23
were subject to provisions of the pilot program in a format required 24
by the department. 25
(c) To the extent any provision of the pilot program conflicts 26
with an existing statute, the pilot program supersedes the 27
conflicting statute for the duration of the pilot program only.28
(3) Reporting and recommendations. By July 1, 2030, the director 29
shall provide recommendations to the appropriate committees of the 30
legislature on: 31
(a) Whether the pilot program or behavioral health programs 32
should be extended or expanded; 33
(b) Any statutory or policy changes needed to support broader 34
implementation; and 35
(c) Potential incentives or programmatic changes that provide 36
measurable benefits to workers and employers at a reasonable cost.37
(4) This section expires December 31, 2030. 38
p. 16 HB 2405
NEW SECTION. Sec. 6. The department of labor and industries may 1
adopt rules necessary to implement this act.2
NEW SECTION. Sec. 7. Except for section 3 of this act, this act 3
takes effect July 1, 2026.4
NEW SECTION. Sec. 8. Section 2 of this act expires June 30, 5
2027.6
NEW SECTION. Sec. 9. Section 3 of this act takes effect June 7
30, 2027.8
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p. 17 HB 2405