Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-20-101.

     Title of Rule and Other Identifying Information: Amending WAC 388-535-1070 Dental-related services provider information.

     Hearing Location(s): Blake Office Park East (behind Goodyear Courtesy Tire), Rose Room, 4500 10th Avenue S.E., Lacey, WA, on February 22, 2005, at 10:00 a.m.

     Date of Intended Adoption: Not sooner than February 23, 2005.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 22, 2005.

     Assistance for Persons with Disabilities: Contact Fred Swenson, DSHS Rules Consultant, by February 17, 2005, TTY (360) 664-6178 or (360) 664-6097.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To establish standards of coverage for billing codes to ensure the protection of the health and safety of medical assistance clients by restricting billable services to dentists who are entitled to a specialty designation under WAC 246-817-420 and who meet MAA's certification requirements to perform oral and maxillofacial surgery.

     Reasons Supporting Proposal: See above.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.500, 74.09.520.

     Statute Being Implemented: RCW 74.08.090, 74.09.500, 74.09.520.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Social and Health Services, governmental.

     Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45533, Olympia, WA 98504, (360) 725-1342; Implementation and Enforcement: Dr. John Davis, P.O. Box 45506, Olympia, WA 98504, (360) 725-1748.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule amendment and concludes that it will impose no new costs on small businesses. The preparation of a comprehensive small business economic impact statement is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. Since the proposed amendments do not "make significant amendments to a policy or regulatory program" (see RCW 34.05.328 (5)(c)(iii)), MAA has determined that the proposed rule is not "significant" as defined by the legislature. This rule is being amended to clarify current standards of coverage for current procedural terminology (CPT) and current dental terminology (CDT) codes.

January 11, 2005

Andy Fernando, Manager

Rules and Policies Assistance Unit

     (a) Persons currently licensed by the state of Washington to:

     (i) Practice dentistry or specialties of dentistry.

     (ii) Practice as dental hygienists.

     (iii) Practice as denturists.

     (iv) Practice anesthesia by:

     (A) Providing conscious sedation with ((parental)) parenteral or multiple oral agents, deep sedation, or general anesthesia as an anesthesiologist or dental anesthesiologist;

     (B) Providing conscious sedation with ((parental)) parenteral or multiple oral agents, deep sedation, or general anesthesia as a certified registered nurse anesthetist (CRNA)((, when the performing dentist has the appropriate conscious sedation permit or general anesthesia permit from the department of health (DOH))) under WAC 246-817-180; or

     (C) Providing conscious sedation with parenteral or multiple oral agents((, deep sedation, or general anesthesia)) as a dentist, when the dentist has a conscious sedation permit ((or general anesthesia permit from DOH)) issued by the department of health (DOH) that is current at the time the billed service(s) is provided; or

     (D) Providing deep sedation or general anesthesia as a dentist when the dentist has a general anesthesia permit issued by DOH that is current at the time the billed service(s) is provided.

     (v) Practice medicine and osteopathy for:

     (A) Oral surgery procedures; or

     (B) Providing fluoride varnish under EPSDT.

     (b) Facilities that are:

     (i) Hospitals currently licensed by the ((department of health)) DOH;

     (ii) Federally-qualified health centers (FQHCs);

     (iii) Medicare-certified ambulatory surgical centers (ASCs);

     (iv) Medicare-certified rural health clinics (RHCs); or

     (v) Community health centers.

     (c) Participating local health jurisdictions.

     (d) ((Border area)) Bordering city or out-of-state providers of dental-related services who are qualified in their states to provide these services.

     (2) Subject to the restrictions and limitations in this section and other applicable WAC, MAA pays licensed providers participating in the MAA dental program for only those services that are within their scope of practice.

     (3) For the dental specialty of oral and maxillofacial surgery:

     (a) MAA requires a dentist to:

     (i) Be currently entitled to such specialty designation (to perform oral and maxillofacial surgery) under WAC 246-817-420; and

     (ii) Meet the following requirements in order to be reimbursed for oral and maxillofacial surgery:

     (A) The dentist must have participated at least three years in a maxillofacial residency program; and

     (B) The dentist must be board certified or designated as "board eligible" by the American Board of Oral and Maxillofacial Surgery.

     (b) A dental provider who meets the requirements in (3)(a) of this section must bill claims using appropriate current dental terminology (CDT) codes or current procedural terminology (CPT) codes for services that are identified as covered in WAC and MAA's published billing instructions or numbered memoranda.

     (4) See WAC 388-502-0020 for provider documentation and record retention requirements. MAA requires additional dental documentation under specific sections in this chapter and as required by chapter 246-817 WAC.

     (((4))) (5) See WAC 388-502-0100 and 388-502-0150 for provider billing and payment requirements. Enrolled dental providers who do not meet the conditions in (3)(a) of this section must bill all claims using only the CDT codes for services that are identified in WAC and MAA's published billing instructions or numbered memoranda. MAA does not reimburse for billed CPT codes when the dental provider does not meet the requirements in subsection (3)(a) of this section.

     (((5))) (6) See WAC 388-502-0160 for regulations concerning charges billed to clients.

     (((6))) (7) See WAC 388-502-0230 for provider review and appeal.

     (((7))) (8) See WAC 388-502-0240 for provider audits and the audit appeal process.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-077, § 388-535-1070, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1070, filed 6/14/02, effective 7/15/02.]

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