PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-07-042.
Title of Rule: Repealing WAC 388-86-100 Durable medical equipment, prosthetics, orthotics and medical supplies and 388-87-110 Durable medical equipment -- Prosthetic devices; and new chapter 388-543 WAC, Durable medical equipment and related supplies, prosthetics, orthotics, medical supplies, and related services.
Purpose: The department is establishing a new chapter for durable medical equipment, chapter 388-543 WAC, so that all the rules relating to this subject will be contained in one WAC chapter. The new chapter codifies current policy and payment methodology, in compliance with Failor's Pharmacy v. DSHS lawsuit. The proposed rules have been written to comply with the Governor's Executive Order 97-02.
Statutory Authority for Adoption: RCW 74.08.090, 74.09.530.
Statute Being Implemented: Chapters 74.08, 74.09 RCW.
Summary: The proposed new WAC chapter consolidates all DME rules in one chapter for ease of use. The new chapter codifies current policy and payment methodology.
Reasons Supporting Proposal: To comply with the Governor's Executive Order 97-02. To comply with Failor's Pharmacy lawsuit judgment.
Name of Agency Personnel Responsible for Drafting: Ann Myers, DPS/RIP, P.O. Box 45530, Olympia, WA 98504, (360) 725-1345; Implementation and Enforcement: Sharon Morrison, DHSQS, P.O. Box 45506, Olympia, WA 98504, (360) 725-1671.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is necessary because of state court decision, Failor's Pharmacy v. DSHS, 125 WN.2d 488, 886 P.2d 147 (1994).
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule codifies current policy and payment methodology for durable medical equipment, prosthetics, and orthotics. The proposed rule implements a policy change that requires MAA to provide wheelchairs to clients in nursing facilities.
The purpose is to clearly state current policy and payment methodology, and to codify the changed policy regarding wheelchairs for clients in nursing facilities.
The anticipated effect is that providers and clients will have a clearer understanding of MAA policy, and that clients in nursing facilities will have greater access to wheelchairs.
Proposal Changes the Following Existing Rules: WAC 388-86-100 and 388-87-110 will be repealed and replaced with new chapter 388-543 WAC that incorporates a change in policy regarding wheelchairs for clients in nursing homes.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule and concludes that no new costs will be imposed on the small businesses affected by them.
RCW 34.05.328 applies to this rule adoption. The department has analyzed the proposed rule and concludes that it meets the definition of a "significant legislative rule." An analysis of the probable costs and probable benefits is available from the person listed above.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on August 8, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by July 28, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by August 8, 2000.
Date of Intended Adoption: No sooner than August 9, 2000.
June 1, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 00-14 issue of the Register.