WAC 246-25-020
General policy statement--Antitrust immunity
and competitive oversight. (1) The purpose of WAC 245-02-020
through 245-02-050 is to implement provisions of the act that
require the commission to adopt rules governing antitrust
immunity, competitive oversight, and conduct of certified health
plans, health care providers, and health care facilities. The
provisions of these rules shall be strictly construed. Whenever
there is doubt as to the meaning of these rules or as to their
applicability to particular conduct or circumstances, these rules
shall be interpreted in a manner consistent with existing
antitrust law principles of this state and of the federal
government, including final orders of the Federal Trade
Commission and final decisions of the federal courts interpreting
the various federal antitrust statutes.
(2) Unless explicitly permitted under this chapter or
pursuant to a petition approved in accordance with the provisions
of RCW 43.72.310 (3) and (4), nothing in these rules shall be
deemed or interpreted to permit activities or to grant immunity
for those activities prohibited under RCW 43.72.300(3) or any
other activity which would constitute a per se violation of state
or federal antitrust laws.
[Statutory Authority: RCW 43.72.310. 99-04-049, recodified as §
246-25-020, filed 1/28/99, effective 1/28/99; 95-04-115, §
245-02-020, filed 2/1/95, effective 10/1/95.]