PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Medical Assistance Administration)
Continuance of WSR 00-17-056.
Preproposal statement of inquiry was filed as WSR 00-07-087.
Title of Rule: New WAC 388-530-1125 Drug rebate program, 388-530-1410 Federal upper limit (FUL) methodology, 388-530-1425 Payment methodology for drugs purchased under the Public Health Service (PHS) Act, 388-530-1625 Compliance packaging services; and amending WAC 388-530-1300 General reimbursement methodology, 388-530-1350 Estimated acquisition cost methodology, 388-530-1400 Maximum allowable cost methodology, 388-530-1450 Dispensing fee information, 388-530-1500 Reimbursement for compounded prescriptions, 388-530-1550 Unit dose drug delivery systems, 388-530-1600 Unit dose pharmacy billing requirements, 388-530-1650 Reimbursement for pharmaceutical supplies, and 388-530-1700 Drugs and pharmaceutical supplies from nonpharmacy providers.
Purpose: To continue the public hearing scheduled for September 26, 2000, until October 10, 2000, so that WSR 00-17-080 and 00-17-056 may be heard on the same day, so that interested stakeholders will only have to make one appearance.
Statutory Authority for Adoption: RCW 74.08.090, 74.04.050.
Statute Being Implemented: RCW 74.08.090, 74.04.050.
Summary: The proposed rules regarding pharmacy-related reimbursement reflect current department policy and practice. New sections codify current policy for the drug rebate program; payment methodology for federal upper limit (FUL), for drugs purchased under the Public Health Service (PHS) Act, and for compliance packaging. The amended sections reflect updated policy, and all sections have been written to comply with the clear-writing standards in the Governor's Executive Order 97-02.
Reasons Supporting Proposal: To ensure current policy and practice is reflected in rule and comply with the Governor's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Ann Myers, DPS/RIP, P.O. Box 45533, Olympia, WA 98507-5533, (360) 725-1345; Implementation: Ayuni Wimpee, DOSS/PRS, P.O. Box 45510, Olympia, WA 98507-5510, (360) 725-1835.
Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules codify existing department policy regarding pharmacy-related reimbursement methodology.
The purpose is to comply with requirements to put reimbursement methodology in rule.
The anticipated effect is to clearly reflect department policy so it is understood by those to whom it applies.
Proposal Changes the Following Existing Rules: The rules proposed above update language and clarify existing policy.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and concludes that they will have no more than minor impact on the businesses affected by them; therefore, no small business economic impact statement is required.
RCW 34.05.328 does not apply to this rule adoption. The department has analyzed the proposed rules and concludes that they do not meet the definition of a "significant legislative rule."
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 10, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper, Rules Coordinator, by October 3, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail coopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by October 10, 2000.
Date of Intended Adoption: No sooner than October 11, 2000.
August 17, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit