WSR 10-01-164

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed December 22, 2009, 12:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-09-100.

Title of Rule and Other Identifying Information: The department is amending WAC 388-546-5500 Modifications of privately owned vehicles.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on January 26, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than January 27, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on January 26, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by January 5, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The health and recovery services administration (HRSA) is revising WAC 388-546-5500 because it no longer covers modifications of privately owned vehicles. This amendment is required to implement cost savings initiatives effective July 1, 2009, and to be in compliance with the department's federal state plan assurances.

Reasons Supporting Proposal: This amendment is necessary for the department to implement cost savings initiatives effective July 1, 2009, and to be in compliance with the department's federal state plan assurances. When finalized, the permanent rule will replace the emergency rule currently in place under WSR 09-22-036.

Statutory Authority for Adoption: RCW 74.08.090.

Statute Being Implemented: RCW 74.08.090, 42 C.F.R. Part 440.

Rule is necessary because of federal law, 42 C.F.R. Part 440.

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy L. Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Walter Neal, P.O. Box 45531, Olympia, WA 98504-5531, (360) 725-1703.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department analyzed the proposed rule amendments and concludes that they 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 required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Walter Neal, Transportation Program Manager, P.O. Box 45531, Olympia, WA 98504-5531, phone (360) 725-1703, fax (360) 586-9727, e-mail nealw@dshs.wa.gov.

December 16, 2009

Stephanie E. Vaughn

Rules Coordinator

4111.3
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 is not a healthcare service. Exception to rule (ETR) as described in WAC 388-501-0160 is not available for this nonhealthcare service.

[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