WSR 14-23-092
PERMANENT RULES
OFFICE OF
INSURANCE COMMISSIONER
[Insurance Commissioner Matter No. R 2014-04—Filed November 19, 2014, 11:42 a.m., effective December 20, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This proposed rule revision is a clarification of an essential health benefit as specified in the Affordable Care Act.
The rule making on essential health benefits defined pediatric vision screening as "Routine vision screening and eye exam for children, including dilation as professionally indicated, and with refraction every calendar year."
Under the current definition, when a pediatrician bills for an eye screening, this exhausts the annual insurance benefit for a comprehensive pediatric eye exam even though the child didn't receive one. Clarifying which services are included in a pediatric vision screening should prevent this problem from occurring in the future.
Citation of Existing Rules Affected by this Order: Amending WAC 284-43-880 (2)(a).
Statutory Authority for Adoption: RCW 48.02.060, 48.44.050, 48.46.200.
Adopted under notice filed as WSR 14-17-049 on August 14, 2014.
A final cost-benefit analysis is available by contacting Bianca Stoner, P.O. Box 40258, Olympia, WA 98504-0258, phone (360) 725-7041, fax (360) 586-3109, e-mail rulescoordinator@oic.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: November 19, 2014.
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION (Amending WSR 13-15-025, filed 7/9/13, effective 7/10/13)
WAC 284-43-880 Pediatric vision services.
A health benefit plan must include "pediatric vision services" in its essential health benefits package. The base-benchmark plan covers pediatric services for the categories set forth in WAC 284-43-878 (1) through (9), but does not include pediatric vision services. Pediatric vision services are vision services delivered to enrollees under age nineteen.
(1) A health benefit plan must cover pediatric vision services as an embedded set of services.
(2) Supplementation: The state EHB-benchmark plan requirements for pediatric vision benefits must be offered at a substantially equal level and classified consistent with the designated supplemental base-benchmark plan for pediatric vision services, the Federal Employees Vision Plan with the largest enrollment and published by the U.S. Department of Health and Human Services at www.cciioo.cms.gov on July 2, 2012.
(a) The vision services included in the pediatric vision services category are:
(i) Routine vision screening; and
(ii) A comprehensive eye exam for children, including dilation as professionally indicated((,)) and with refraction every calendar year;
(((ii))) (iii) One pair of prescription lenses or contacts every calendar year, including polycarbonate lenses and scratch resistant coating. Lenses may include single vision, conventional lined bifocal or conventional lined trifocal, or lenticular lenses;
(((iii))) (iv) One pair of frames every calendar year. An issuer may establish networks or tiers of frames within their plan design as long as there is a base set of frames to choose from available without cost sharing;
(((iv))) (v) Contact lenses covered once every calendar year in lieu of the lenses and frame benefits. Issuers must apply this limitation based on the manner in which the lenses must be dispensed. If disposable lenses are prescribed, a sufficient number and amount for one calendar year's equivalent must be covered. The benefit includes the evaluation, fitting and follow-up care relating to contact lenses. If determined to be medically necessary, contact lenses must be covered in lieu of eyeglasses at a minimum for the treatment of the following conditions: Keratoconus, pathological myopia, aphakia, anisometropia, aniseikonia, aniridia, corneal disorders, post-traumatic disorders, and irregular astigmatism;
(((v))) (vi) Low vision optical devices including low vision services, training and instruction to maximize remaining usable vision as follows:
(A) One comprehensive low vision evaluation every five years;
(B) High power spectacles, magnifiers and telescopes as medically necessary, with reasonable limitations permitted; and
(C) Follow-up care of four visits in any five year period, with prior approval.
(b) The pediatric vision supplemental base-benchmark specifically excludes, and issuer must not include in its actuarial value for the category:
(i) Visual therapy, which is otherwise covered under the medical/surgical benefits of the plan;
(ii) Two pairs of glasses may not be ordered in lieu of bifocals;
(iii) Medical treatment of eye disease or injury, which is otherwise covered under the medical/surgical benefits of the plan;
(iv) Nonprescription (Plano) lenses; and
(v) Prosthetic devices and services, which are otherwise covered under the rehabilitative and habilitative benefit category.