Date of Adoption: February 13, 2003.

     Purpose: The department established a new section, WAC 388-543-1225, to codify specific requirements for providers who furnish items under the department's durable medical equipment program. The new section includes cross-references to chapter 388-502 WAC; requires that providers be able to furnish proof of delivery, when asked by MAA, of items delivered to clients; requires that providers obtain prior authorization from MAA before shipping an item that requires such approval; and ensures there is no conflict of interest by requiring the medical professional who provides medical justification for durable medical equipment, etc., to MAA not have financial arrangements with suppliers of such items.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.530.

      Adopted under notice filed as WSR 02-16-079 on August 6, 2002.

     Changes Other than Editing from Proposed to Adopted Version: Changes were made after consideration of comments received.

     The text of the adopted rule varies from the text of the proposed rule. The changes (other than editing changes) follow (additions are underline, deletions are in strikethrough):

     WAC 388-543-1225(2) When a provider delivers an item directly to the client or the client's authorized representative, the provider must be able to furnish proof of delivery when MAA requests that information. All of the following apply:

     (a) MAA requires a delivery slip is required as proof of delivery, and it must:

     (i) Be signed and dated by the client or the client's authorized representative (the date of signature must be the date the item was received); and

     (ii) Include the client's name and a detailed description of the item(s) delivered, including the quantity and brand name; and

     (iii) For durable medical equipment that would require future repairs, include the serial number.

     WAC 388-543-1225(3) When a provider uses a delivery/shipping service to deliver items which are not fitted to the client, the provider must be able to furnish proof of delivery that the client received the equipment, when MAA requests that information. All of the following apply: (e.b. [e.g.], a shipping invoice signed by the client or the client's representative).

     (a) MAA requires the delivery service tracking slip as proof of delivery, and it must include:

     (i) The client's name or a reference to the client's package(s);

     (ii) The delivery service package identification number; and

     (iii) The delivery address. And

     (b) MAA requires the supplier's shipping invoice as proof of delivery, and it must include:

     (i) The client's name;

     (ii) The shipping service package identification number;

     (iii) The quantity, detailed description(s), and brand name(s) of the items being shipped; and

     (iv) For durable medical equipment that would require future repairs, include the serial number.

     (c) When the provider submits a claim for payment to MAA, the date of service on the claim must be the shipping date.

     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 0, 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 1, 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 1, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

February 13, 2003

Bonita H. Jacques

for Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

     (2) When a provider delivers an item directly to the client or the client's authorized representative, the provider must be able to furnish proof of delivery when MAA requests that information. All of the following apply:

     (a) MAA requires a delivery slip as proof of delivery, and it must:

     (i) Be signed and dated by the client or the client's authorized representative (the date of signature must be the date the item was received);

     (ii) Include the client's name and a detailed description of the item(s) delivered, including the quantity and brand name; and

     (iii) For durable medical equipment that would require future repairs, include the serial number.

     (b) When the provider or supplier submits a claim for payment to MAA, the date of service on the claim must be one of the following:

     (i) For a one-time delivery, the date the item was received by the client or authorized representative; or

     (ii) For nondurable medical supplies for which MAA has established a monthly maximum, on or after the date the item was received by the client or authorized representative.

     (3) When a provider uses a delivery/shipping service to deliver items which are not fitted to the client, the provider must be able to furnish proof of delivery that the client received the equipment, when MAA requests that information. All of the following apply:

     (a) MAA requires the delivery service tracking slip as proof of delivery, and it must include:

     (i) The client's name or a reference to the client's package(s);

     (ii) The delivery service package identification number; and

     (iii) The delivery address.

     (b) MAA requires the supplier's shipping invoice as proof of delivery, and it must include:

     (i) The client's name;

     (ii) The shipping service package identification number;

     (iii) The quantity, detailed description(s), and brand name(s) of the items being shipped; and

     (iv) For durable medical equipment that would require future repairs, include the serial number.

     (c) When the provider submits a claim for payment to MAA, the date of service on the claim must be the shipping date.

     (4) A provider must not use a delivery/shipping service to deliver items which must be fitted to the client.

     (5) Providers must obtain prior authorization on any item that requires such before delivering that item to the client. The item must be delivered to the client before the provider bills MAA.

     (6) MAA does not pay for DME and related supplies, prosthetics and orthotics, medical supplies and related items furnished to MAA clients when:

     (a) The medical professional who provides medical justification to MAA for the item provided to the client is an employee of, has a contract with, or has any financial relationship with the provider of the item; or

     (b) The medical professional who performs a client evaluation is an employee of, has a contract with, or has any financial relationship with a provider of DME and related supplies, prosthetics and orthotics, medical supplies, and related items.

     (7) See WAC 388-502-0100, 388-502-0110, 388-502-0120, and 388-502-0130 for provider payment requirements.

     (8) See WAC 388-502-0150 and 388-502-0160 for provider billing requirements.

     (9) See WAC 388-502-0220, 388-502-0230, 388-502-0240, and 388-502-0260 for provider appeal requirements.

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