Date of Adoption: May 31, 2002.

     Purpose: To discourage clients from seeking treatment for nonemergency medical conditions at hospital emergency rooms when less costly alternatives, e.g., a visit to a doctor's office or medical clinic, are available.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-502-0160 Billing a client.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.055, ESSB 6153 - Washington State Omnibus Operating Budget 2001-2003 (chapter 7, Part II, Laws of 2001).

      Adopted under notice filed as WSR 02-09-079 on April 17, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

May 31, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) The provider is responsible for verifying whether the client has medical coverage for the date of service and to check the limitations of the client's medical program.

     (3) A provider may bill a client only if one of the following situations apply:

     (a) The client is enrolled in medical assistance managed care and the client and provider comply with the requirements in WAC 388-538-095;

     (b) The client is not enrolled in medical assistance managed care, and the client and provider sign an agreement regarding payment for the service. The agreement must be translated or interpreted into the client's primary language and signed before the service is rendered. The provider must give the client a copy and maintain the original in the client's file for department review upon request. The agreement must include each of the following elements to be valid:

     (i) A statement listing the specific service to be provided;

     (ii) A statement that the service is not covered by MAA;

     (iii) A statement that the client chooses to receive and pay for the specific service; and

     (iv) The client is not obligated to pay for the service if it is later found that the service was covered by MAA at the time it was provided, even if MAA did not pay the provider for the service because the provider did not satisfy MAA's billing requirements.

     (c) The client or the client's legal guardian was reimbursed for the service directly by a third party (see WAC 388-501-0200);

     (d) The client refuses to complete and sign insurance forms, billing documents, or other forms necessary for the provider to bill insurance for the service. This provision does not apply to coverage provided by MAA;

     (e) The provider has documentation that the client represented himself/herself as a private pay client and not receiving medical assistance when the client was already eligible for and receiving benefits under a MAA medical program. This documentation must be signed and dated by the client or the client's representative. The provider must give a copy to the client and maintain the original documentation in the client's file for department review upon request. In this case, the provider may bill the client without fulfilling the requirements in subsection (3)(b) of this section regarding the agreement to pay. However, if the patient later becomes eligible for MAA coverage of a provided service, the provider must comply with subsection (4) of this section for that service; ((or))

     (f) The bill counts toward a spenddown liability, emergency medical expense requirement, deductible, or copayment required by MAA; or

     (g) The client received medical services in a hospital emergency room for a condition that was not an emergency medical condition. In such cases, a three-dollar copayment may be imposed on the client by the hospital, except when:

     (i) Reasonable alternative access to care was not available;

     (ii) The "indigent person" criteria in WAC 246-453-040(1) applies;

     (iii) The client was eighteen years of age or younger;

     (iv) The client was pregnant or within sixty days postpregnancy;

     (v) The client is an American Indian or Alaska Native;

     (vi) The client was enrolled in a MAA managed care plan, including primary care case management (PCCM);

     (vii) The client was in an institution such as a nursing facility or residing in an alternative living facility such as an adult family home, assisted living facility, or boarding home; or

     (viii) The client receives waivered services such as community options program entry system (COPES) and community alternatives program (CAP).

     (4) If a client becomes eligible for a covered service that has already been provided because the client:

     (a) Applied to the department for medical services later in the same month the service was provided (and is made eligible from the first day of the month), the provider must:

     (i) Not bill, demand, collect, or accept payment from the client or anyone on the client's behalf for the service; and

     (ii) Promptly refund the total payment received from the client or anyone on the client's behalf, and then bill MAA for the service;

     (b) Receives a delayed certification as defined in WAC 388-500-0005, the provider must:

     (i) Not bill, demand, collect, or accept payment from the client or anyone on the client's behalf for the service; and

     (ii) Promptly refund the total payment received from the client or anyone on the client's behalf, and then bill MAA for the service; or

     (c) Receives a retroactive certification as defined in WAC 388-500-0005, the provider:

     (i) Must not bill, demand, collect, or accept payment from the client or anyone on the client's behalf for any unpaid charges for the service; and

     (ii) May refund any payment received from the client or anyone on the client's behalf, and after refunding the payment, the provider may bill MAA for the service.

     (5) Hospitals may not bill, demand, collect, or accept payment from a medically indigent, GA-U, or ADATSA client, or anyone on the client's behalf, for inpatient or outpatient hospital services during a period of eligibility, except for spenddown and under the circumstance described in subsection (3)(g) of this section.

     (6) A provider may not bill, demand, collect, or accept payment from a client, anyone on the client's behalf, or MAA for copying or otherwise transferring health care information, as that term is defined in chapter 70.02 RCW, to another health care provider. This includes, but is not limited to:

     (a) Medical charts;

     (b) Radiological or imaging films; and

     (c) Laboratory or other diagnostic test results.

[Statutory Authority: RCW 74.08.090. 01-21-023, § 388-502-0160, filed 10/8/01, effective 11/8/01; 01-05-100, § 388-502-0160, filed 2/20/01, effective 3/23/01. Statutory Authority: RCW 74.08.090 and 74.09.520. 00-14-069, § 388-502-0160, filed 7/5/00, effective 8/5/00.]

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