WSR 10-05-078

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed February 15, 2010, 12:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-18-091.

Title of Rule and Other Identifying Information: WAC 388-551-2000 Home health services -- General, 388-551-2010 Home health services -- Definitions, 388-551-2020 Home health services -- Eligible clients, 388-551-2030 Home health skilled services -- Requirements, 388-551-2100 Home health services -- Covered skill nursing services, 388-551-2110 Home health services -- Covered specialized therapy, 388-551-2120 Home health services -- Covered aide services, 388-551-2125 Home health services -- Delivered through telemedicine (new), 388-551-2130 Home health services -- Noncovered services, 388-551-2200 Home health services -- Eligible providers, 388-551-2210 Home health services -- Provider requirements, and 388-551-2220 Home health services -- Provider payments.

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 April 6, 2010, at 10:00 a.m.

Date of Intended Adoption: Not sooner than April 7, 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 April 6, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by March 23, 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 department of social and health services' health and recovery services administration (HRSA) is proposing amendments to WAC 388-551-2000 through 388-551-2220 Home health services to allow for reimbursement for the delivery of home health services via telemedicine. The department is also using this opportunity to incorporate minor housekeeping changes such as changing "medical assistance administration" to "the department" and any changes in terms required to be consistent with the implementation of the new ProviderOne system.

Reasons Supporting Proposal: These amendments are required to implement SHB 1529 which authorizes delivery of home health services through telemedicine.

Statutory Authority for Adoption: RCW 74.08.090, chapter 74.09 RCW, and chapter 326, Laws of 2009 (SHB 1529).

Statute Being Implemented: RCW 74.08.090.

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: Wendy L. Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Ellen Silverman, P.O. Box 45560, Olympia, WA 98504-5560, (360) 725-1570.

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. 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 Ellen Silverman, P.O. Box 45560, Olympia, WA 98504-5560, phone (360) 725-1570, fax (360) 586-9727, e-mail silvees@dshs.wa.gov.

February 11, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 10-06 issue of the Register.

Washington State Code Reviser's Office