WSR 10-05-079

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Health and Recovery Services Administration)

[ Filed February 15, 2010, 12:31 p.m. , effective March 18, 2010 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The health and recovery services administration (HRSA) is revising WAC 388-546-5500 Modifications of privately owned vehicles, 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. This permanent rule replaces the emergency rule currently in place under WSR 09-22-036.

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.

Adopted under notice filed as WSR 10-01-164 on December 22, 2009.

A final cost-benefit analysis is available by contacting Walter Neal, DSHS/HRSA, P.O. Box 45531, Olympia, WA 98504-5531, phone (360) 725-1703, fax (360) 586-9727, e-mail nealw@dshs.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: February 15, 2010.

Susan N. Dreyfus

Secretary

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