WSR 09-22-036

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed October 27, 2009, 9:21 a.m. , effective October 28, 2009 ]


Effective Date of Rule: October 28, 2009.

Purpose: The department is amending this section because it will no longer cover modifications to privately owned vehicles. This amendment is required to implement cost saving initiatives effective July 1, 2009, and to be in compliance with the department's federal state plan assurances.

Citation of Existing Rules Affected by this Order: Amending WAC 388-546-5500.

Statutory Authority for Adoption: RCW 74.08.090.

Other Authority: 42 C.F.R. Part 440.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This emergency rule adoption is required in order to implement cost saving initiatives for July 1, 2009, by implementing section 6083 of the Deficit Reduction Act of 2005 which allows states to receive federal medical assistance percentage matching rates. The department's current rule is not in compliance with the department's federal state plan assurances to receive the matching rates. This emergency filing is necessary to continue the current emergency rules filed as WSR 09-14-087 on June 30, 2009, while the department completes the permanent rule-making process. The department has completed the external stakeholder review and is preparing to file the CR-102 (proposed rule making) for public hearing. Following this, the department anticipates adopting the permanent rules in early 2010.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: October 14, 2009.

Stephanie E. Vaughn

Rules Coordinator

4111.2
AMENDATORY SECTION(Amending WSR 01-06-029, filed 3/2/01, effective 4/2/01)

WAC 388-546-5500   Modifications of privately owned vehicles-Noncovered.   (1) ((MAA may cover and reimburse the purchase of vehicle driving controls, a vehicle wheelchair lift conversion, or the purchase or repair of a vehicle wheelchair lift, when:

(a) The requested item is necessary for the client's transportation to medically necessary MAA-covered services; and

(b) The client owns a vehicle that MAA determines is suitable for modification; and

(c) Medical transportation provided under WAC 388-546-5000 through 388-546-5400 cannot meet the client's need for transportation to and from medically necessary covered services at a lower total cost to the department (including anticipated costs); and

(d) Prior approval from MAA is obtained)) The department does not cover the purchase or repair of equipment for privately owned vehicles or modifications of privately owned vehicles under the nonemergency transportation program.

(2) ((Any vehicle driving controls, vehicle wheelchair lift conversion or vehicle wheelchair lift purchased by MAA under this section becomes the property of the client on whose behalf the purchase is made. MAA assumes no continuing liability associated with the ownership or use of the device.

(3) MAA limits the purchase of vehicle driving control(s), vehicle wheelchair lift conversion or vehicle wheelchair lift to one purchase per client. If a device purchased under this section becomes inoperable due to wear or breakage and the cost of repair is more than the cost of replacement, MAA will consider an additional purchase under this section as long as the criteria in subsection (1) of this section are met.

(4) MAA must remain the payer of last resort under this section.

(5) MAA does not cover the purchase of any new or used vehicle under this section or under this chapter)) The purchase or repair of equipment for privately owned vehicles or modifications of privately owned vehicles are not considered a healthcare service. Exception to rule (ETR) as described in WAC 388-501-0160 is not available for this noncovered determination.

[Statutory Authority: RCW 74.08.090, 74.09.500, 74.04.050, 74.04.055, and 74.04.057. 01-06-029, 388-546-5500, filed 3/2/01, effective 4/2/01.]

Washington State Code Reviser's Office