Effective Date of Rule: February 28, 2010.

     Purpose: These amendments are required to meet the 2009-2011 final legislative budget reductions in sections 201 and 209 of ESHB 1244. Specifically, the department will restrict alien medical services to a federal emergency services component and limit state-only coverage to end-stage renal dialysis, cancer treatment, and nursing facility care.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-438-0110.

     Statutory Authority for Adoption: RCW 74.04.050, 74.08.090.

     Other Authority: Section 1109, chapter 564, Laws of 2009 (ESHB 1244, sections 201 and 209).

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: Emergency rule adoption is required in order for the department to fully meet the legislatively mandated appropriation reduction in ESHB 1244 for the alien emergency medical program for state fiscal years 2010-2011. This emergency filing is necessary to continue the current emergency rule filed as WSR 09-22-055 on October 30, 2009, while the department completes the permanent rule-making process. A preproposal statement of inquiry (CR-101) has been filed under WSR 09-18-057 to initiate the permanent rule-making process and the rule text is undergoing stakeholder review. The department anticipates filing a CR-102 sometime in March 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 3, Amended 0, Repealed 1.

     Date Adopted: February 12, 2010.

Don Goldsby, Manager

Rules and Policies Assistance Unit

     (10) A person is not eligible for the AEM program if that person entered the state specifically to obtain medical care)) To qualify for an alien medical or long-term care (AMLTC) program a person must:

     (a) Be ineligible for medicaid or other DSHS medical program due to the citizenship or alien status requirements described in WAC 388-424-0010;

     (b) Meet the requirements described in WAC 388-438-0115, 388-438-0120, or 388-438-0125; and

     (c) Meet categorical eligibility criteria for one of the following programs, except for the social security number, citizenship, or alien status requirements:

     (i) WAC 388-475-0050, for an SSI-related person;

     (ii) WAC 388-505-0220, for family medical programs;

     (iii) WAC 388-505-0210, for a child under the age of nineteen;

     (iv) WAC 388-462-0015, for a pregnant woman;

     (v) WAC 388-462-0020, for the breast and cervical cancer treatment program for women; or

     (vi) WAC 388-523-0100, for medical extensions.

     (2) AMLTC medically needy (MN) coverage is available for children, adults age sixty-five or over, or persons who meet SSI disability criteria. See WAC 388-519-0100 for MN eligibility and 388-519-0110 for spending down excess income under the MN program.

     (3) The department does not consider a person's date of arrival in the United States when determining eligibility for AMLTC.

     (4) The department does not consider a sponsor's income and resources when determining eligibility for AMLTC, unless the sponsor makes the income or resources available.

     (5) A person is not eligible for AMLTC if that person entered the state specifically to obtain medical care.

     (6) A person who the department determines is eligible for AMLTC may be eligible for retroactive coverage as described in WAC 388-416-0015.

     (7) Once the department determines financial and categorical eligibility for AMLTC, the department then determines whether a person meets the requirements described in WAC 388-438-0115, 388-438-0120, or 388-438-0125.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530. 07-07-024, § 388-438-0110, filed 3/9/07, effective 4/9/07; 06-04-047, § 388-438-0110, filed 1/26/06, effective 2/26/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-438-0110, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 1903 (v)(2)(c) of the Social Security Act. 03-24-058, § 388-438-0110, filed 12/1/03, effective 1/1/04. Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-438-0110, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.08.090 and C.F.R. 436.128, 436.406(c) and 440.255. 01-05-041, § 388-438-0110, filed 2/14/01, effective 3/17/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, 42 C.F.R. 435.139 and 42 C.F.R. 440.255. 99-23-082, § 388-438-0110, filed 11/16/99, effective 12/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-438-0110, filed 7/31/98, effective 9/1/98.]

     (a) The department's health and recovery services administration (HRSA) determines that the primary condition requiring treatment meets the definition of an emergency medical condition as defined in WAC 388-500-0005, and the condition is confirmed through review of clinical records; and

     (b) The person's qualifying emergency medical condition is treated in one of the following hospital settings:

     (i) Inpatient;

     (ii) Outpatient surgery;

     (iii) Emergency room services, which must include an evaluation and management (E&M) visit by a physician; or

     (c) An Involuntary Treatment Act (ITA) or voluntary inpatient community hospital psychiatric admission prior authorized by the department's inpatient mental health designee (see subsection (5) of this section).

     (2) If a person meets the criteria in subsection (1), the department will cover and pay for all related medically necessary health care services and professional services provided during this specific emergency room visit, outpatient surgery or inpatient admission. These services include, but are not limited to:

     (a) Medications;

     (b) Laboratory, x-ray, and other diagnostics and the professional interpretations;

     (c) Medical equipment and supplies;

     (d) Anesthesia, surgical, and recovery services;

     (e) Physician consultation, treatment, surgery, or evaluation services;

     (f) Therapy services;

     (g) Emergency medical transportation; and

     (h) Non-emergency ambulance transportation to transfer the person from a hospital to a long term acute care (LTAC) or an inpatient physical medicine and rehabilitation (PM&R) unit, if that admission is prior authorized by the department as described in subsection (3) of this section.

     (3) The department will cover admissions to an LTAC facility or an inpatient PM&R unit if:

     (a) The original admission to the hospital meets the criteria as described in subsection (1) of this section;

     (b) The person is transferred directly to this facility from the community hospital; and

     (c) The admission is prior authorized according to LTAC and PM&R program rules (see WAC 388-550-2590 for LTAC and WAC 388-550-2561 for PM&R).

     (4) The department does not cover any services, regardless of setting, once the person is discharged from the hospital after being treated for a qualifying emergency medical condition authorized by the department under this program. Exception: Pharmacy services, drugs, devices, and drug-related supplies listed in WAC 388-530-2000, prescribed on the same day and associated with the qualifying visit or service (as described in subsection (1) of this section) will be covered for a one-time fill and retrospectively reimbursed according to pharmacy program rules.

     (5) Medical necessity of inpatient psychiatric care must be determined, and any admission must be prior authorized by the department's inpatient mental health designee according to the requirements in WAC 388-550-2600.

     (6) There is no precertification or prior authorization for eligibility under this program.

     (7) Under this program, certification is only valid for the period of time the person is receiving services under the criteria described in subsection (1) of this section. The exception for pharmacy services is also applicable as described in subsection (4) of this section.

     (a) For inpatient care, the period of eligibility is only for the period of time the person is in the hospital, LTAC, or PM&R facility - the admission date through the discharge date. Upon discharge the person is no longer eligible for coverage.

     (b) For an outpatient surgery or emergency room service the period of eligibility is only for the date of service. If the person is in the hospital overnight, the eligibility period will be the admission date through the discharge date. Upon release from the hospital, the person is no longer eligible for coverage.

     (8) Under this program, any visit or service not meeting the criteria described in subsection (1) of this section is not within the scope of covered services as described in WAC 388-501-0060. This includes, but is not limited to:

     (a) Hospital services, care, surgeries, or inpatient admissions to treat any condition which is not considered by the department to be a qualifying emergency medical condition, including but not limited to:

     (i) Laboratory x-ray, or other diagnostic procedures;

     (ii) Physical, occupational, speech therapy, or audiology services;

     (iii) Hospital clinic services; or

     (iv) Emergency room visits, surgery, or hospital admissions.

     (b) Any services provided during a hospital admission or visit (meeting the criteria described in subsection (1) of this section), which are not related to, or consistent with best practices in treating, the qualifying emergency medical condition;

     (c) Organ transplants, including pre-evaluations, post operative care, and anti-rejection medication;

     (d) Services provided outside the hospital settings described in subsection (1) of this section, including but not limited to:

     (i) Office or clinic-based services rendered by a physician, an ARNP, or any other licensed practitioner;

     (ii) Prenatal care, except labor and delivery;

     (iii) Laboratory, radiology, and any other diagnostic testing;

     (iv) School-based services;

     (v) Personal care services;

     (vi) Physical, respiratory, occupational, and speech therapy services;

     (vii) Waiver services;

     (viii) Nursing facility services;

     (ix) Home health services;

     (x) Hospice services;

     (xi) Vision services;

     (xii) Hearing services;

     (xiii) Dental services;

     (xiv) Durable and non durable medical supplies;

     (xv) Non-emergency medical transportation;

     (xvi) Interpreter services; and

     (xvii) Pharmacy services, except as described in subsection (4).

     (9) The services listed in subsection (8) of this section are not part of the scope of covered services for this program and therefore the exception to rule process is not available.

     (10) Providers must not bill the department for visits or services that do not meet the qualifying criteria described in this section. The department will identify and recover payment for claims paid in error.

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     (a) Surgery, chemotherapy, and/or radiation therapy to treat cancer;

     (b) Dialysis to treat acute renal failure or end stage renal disease (ESRD); or

     (c) Anti-rejection medication, if the person has had an organ transplant.

     (2) When related to treating the qualifying medical condition, covered services include but are not limited to:

     (a) Physician and ARNP services, except when providing a service that is not within the scope of this medical program (as described in subsection (7) of this section);

     (b) Inpatient and outpatient hospital care;

     (c) Dialysis;

     (d) Surgical procedures and care;

     (e) Office or clinic based care;

     (f) Pharmacy services;

     (g) Laboratory, x-ray, or other diagnostic studies;

     (h) Oxygen services;

     (i) Respiratory and intravenous (IV) therapy;

     (j) Anesthesia services;

     (k) Hospice services;

     (l) Home health services, limited to two visits;

     (m) Durable and non durable medical equipment;

     (n) Non-emergency transportation; and

     (o) Interpreter services.

     (3) All hospice, home health, durable and non durable medical equipment, oxygen and respiratory, IV therapy, and dialysis for acute renal disease services require prior authorization. Any prior authorization requirements applicable to the other services listed above must also be met according to specific program rules.

     (4) To be qualified and eligible for coverage for cancer treatment under this program, the diagnosis must be already established or confirmed. There is no coverage for cancer screening or diagnostics for a workup to establish the presence of cancer.

     (5) Coverage for dialysis under this program starts the date the person begins dialysis treatment, which may include fistula placement. There is no coverage for diagnostics or pre-dialysis intervention, such as surgery for fistula placement anticipating the need for dialysis, or any services related to preparing for dialysis.

     (6) Certification for eligibility will range between one to twelve months depending on the qualifying condition.

     (7) The following are not included in the scope of covered services of this program:

     (a) Cancer screening or work-ups to detect or diagnose the presence of cancer;

     (b) Fistula placement while the person waits to see if dialysis will be required;

     (c) Services by any healthcare professional provided to treat a condition not related to, or required to, treat the qualifying condition;

     (d) Organ transplants, including preevaluations and post operative care;

     (e) Health department services;

     (f) School-based services;

     (g) Personal care services;

     (h) Physical, occupational, and speech therapy services;

     (i) Audiology services;

     (j) Neurodevelopmental services;

     (k) Waiver services;

     (l) Nursing facility services;

     (m) Home health services, more than two visits;

     (n) Vision services;

     (o) Hearing services;

     (p) Dental services, unless prior authorized and directly related to dialysis or cancer treatment;

     (q) Mental health services;

     (r) Podiatry services;

     (s) Substance abuse services; and

     (t) Smoking cessation services.

     (8) The services listed in subsection (7) of this section are not part of the scope of covered services for this program and therefore the exception to rule process is not available.

     (9) Providers must not bill the department for visits or services that do not meet the qualifying criteria described in this section. The department will identify and recover payment for claims paid in error.

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     (2) To be eligible for the state-funded alien nursing facility program described in this section, an adult nineteen years of age or older must meet all of the following conditions:

     (a) Meet the general eligibility requirements for medical programs described in WAC 388-503-0505 (2) and (3)(a), (b), (e), and (f);

     (b) Reside in a nursing facility as defined in WAC 388-97-0001;

     (c) Attain institutional status as described in WAC 388-513-1320;

     (d) Meet the functional eligibility described in WAC 388-106-0355 for nursing facility level of care;

     (e) Not have a penalty period due to a transfer of assets as described in WAC 388-513-1363, 388-513-1364, 388-513-1365 and 388-513-1366;

     (f) Equity interest in a primary residence must be less than five hundred thousand dollars as described in WAC 388-513-1350; and

     (g) Annuities owned by the adult or spouse must meet the requirements described in chapter 388-561 WAC.

     (3) An adult who is related to the supplemental security income (SSI) program as described in WAC 388-475-0050 (1), (2), and (3) must meet the financial requirements described in WAC 388-513-1325, 388-513-1330, and 388-513-1350.

     (4) An adult who does not meet the SSI-related criteria in subsection (2) of this section may be eligible under the family institutional medical program rules described in WAC 388-505-0250 or 388-505-0255.

     (5) An adult who is not eligible for CN coverage may qualify for medically needy (MN) coverage under the state-funded alien nursing facility program described in:

     (a) WAC 388-513-1395 for adults related to SSI; or

     (b) WAC 388-505-0255 for adults related to family institutional medical.

     (6) All adults qualifying for the state-funded alien nursing facility program will receive CN scope of medical coverage described in WAC 388-501-0060.

     (7) The department determines how much an individual is required to pay toward the cost of care using the following rules:

     (a) For an SSI-related individual, see rules described in WAC 388-513-1380.

     (b) For an individual eligible under the family institutional program, see WAC 388-505-0265.

     (8) A person is not eligible for state-funded nursing facility care if that person entered the state specifically to obtain medical care.

     (9) A person eligible for the state-funded alien nursing facility program is certified for a twelve month period.

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