WSR 13-03-089

PROPOSED RULES

HEALTH CARE AUTHORITY


(Medicaid Program)

[ Filed January 15, 2013, 11:21 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-22-074.

Title of Rule and Other Identifying Information: Chapter 182-557 WAC, Chronic care management.

Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Conference Room, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at:

http://maa.dshs.wa.gov/pdf/CherryStreetDirectionsNMap.pdf or directions can be obtained by calling (360) 725-1000), on February 26, 2013, at 10:00 a.m.

Date of Intended Adoption: Not sooner than February 27, 2013.

Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on February 26, 2013.

Assistance for Persons with Disabilities: Contact Kelly Richters by February 19, 2013, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In accordance with the federal Patient Protection and Affordable Care Act (PPACA), Section 2703, and Washington SSB 5394, these rules are necessary to implement adoption of health homes and within them, advance the practice of chronic care management to improve health outcomes and reduce unnecessary costs. The agency is changing the title of this chapter to health homes.

Statutory Authority for Adoption: RCW 41.05.021, SSB 5394.

Statute Being Implemented: RCW 41.05.021.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: HCA, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy Boedigheimer, HCA, P.O. Box 45504, Olympia, WA 98504, (360) 725-1306; Implementation and Enforcement: Alison Robbins, HCA, P.O. Box 45530, Olympia, WA 98504, (360) 725-1634.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed rules and concludes they do not impose more than minor costs for affected small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules [review] committee or applied voluntarily.

January 15, 2013

Kevin M. Sullivan

Rules Coordinator

OTS-5235.1


AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-557-0050   ((Chronic care management program)) Health home--General.   (((1) The department's chronic care management program:

(a) Offers care management and coordination activities for medical assistance clients determined to be at risk for high medical costs;

(b) Provides education, training, and/or coordination of services for program participants through statewide care management (SCM) and local care management (LCM) providers contracted with DSHS;

(c) Assists program participants in improving self-management skills and improving health outcomes; and

(d) Reduces medical costs by educating clients to better utilize health care services.

(2) The department's chronic care management program does not:

(a) Change the scope of services available to a client eligible under a Title XIX medicaid program;

(b) Interfere with the relationship between a participant (client) and the client's chosen department-enrolled provider(s);

(c) Duplicate case management activities available to a client in the client's community; or

(d) Substitute for established activities that are available to a client and provided by programs administered through other DSHS divisions or state agencies.

(3) Chronic care management program services provided by a statewide care management (SCM) contractor and a local care management (LCM) contractor must meet:

(a) The conditions of the contract between DSHS and the contractor; and

(b) Applicable state and federal requirements.

(4) The SCM contractor uses a predictive modeling program to review DSHS claims, and eligibility data to identify clients eligible to participate in the chronic care management program.)) (1) The agency's health home program provides patient-centered care to beneficiaries at high risk for high health costs and poor health outcomes. Health homes services consist of six care coordination activities that include providing education to the beneficiary in self-managing his or her condition and navigating the health care system.

(2) Health home offers:

(a) Comprehensive or intensive care management to assess readiness for self-management and promote self-management skills;

(b) Care coordination and health promotion to support coordination across systems of care and beneficiaries' participation in their care;

(c) Comprehensive transitional care after discharge from an inpatient facility (hospital, rehabilitative, psychiatric, skilled nursing, substance use disorder treatment or residential habilitation setting);

(d) Individual and family support services to provide health promotion, education, training and coordination of covered services for beneficiaries and their support network;

(e) Referrals to community and support services; and

(f) Use of health information technology (HIT) to link services between the health home and the beneficiaries' providers.

(3) The agency's health home program does not:

(a) Change the scope of services available to a beneficiary eligible under medicare or a Title XIX medicaid program;

(b) Interfere with the relationship between a beneficiary and his or her chosen agency-enrolled provider(s);

(c) Duplicate case management activities available to a beneficiary in the beneficiary's community or by other providers or programs; or

(d) Substitute for established activities that are available through programs administered through the agency or other state agencies.

(4) Qualified health home providers must:

(a) Contract with the agency to provide services under this chapter to eligible beneficiaries;

(b) Accept the terms and conditions in the agency's contract;

(c) Be able to meet the network and quality standards established by the agency;

(d) Accept the rates established by the agency; and

(e) Comply with all applicable state and federal requirements.

(5) The agency reserves the right to not contract with any otherwise qualified health home provider.

[11-14-075, recodified as 182-557-0050, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520, and 2007 c 259, 4. 07-20-048, 388-557-0050, filed 9/26/07, effective 11/1/07.]


AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-557-0100   ((Chronic care management)) Health home program--Definitions.   The following terms and definitions apply to the ((chronic care management)) health home program:

(("Chronic care management program services" are services provided by DSHS-contracted organizations to clients with multiple health, behavioral, and social needs in order to improve care coordination, client education, and client self-management skills.

"Evidence-based health care practice" means a clinical approach to practicing medicine based on the clinician's awareness of evidence and the strength of that evidence to support the management of a disease treatment process.

"Local care management program" or "LCM program" means a comprehensive care management program and medical home program for medical assistance clients (participants) that serves a specific geographical area of the state.

"Local care management (LCM) contractor" means an entity or group of entities that contracts with DSHS to provide chronic care management program services to eligible participants (clients).

"Medical home" means an approach to providing health care services in a high-quality and cost-effective manner that is accessible, family-centered, comprehensive, continuous, coordinated, compassionate, and culturally competent.

"Participant" means a medical assistance client who has been contacted by an SCM or LCM, and has agreed to participate in the chronic care management program.

"Predictive modeling" means using historical medical claims data to predict future utilization of medical services.

"Self-management" means, with guidance from a health care team, the concept of a medical assistance client being the "driver" of their own health care to improve their health care outcome through:

Education;

Monitoring;

Adherence to evidence-based guidelines; and

Active involvement in the decision-making process with the team.

"Statewide care management program" or "SCM program" means a comprehensive care management program for clients that serves all areas of the state not served by a local care management (LCM) program.

"Statewide care management (SCM) contractor" means an entity that contracts with DSHS to provide chronic care management program services to eligible medical assistance clients (participants). The SCM contractor provides client identification and referral to appropriate local care management (LCM) programs through predictive modeling.)) Agency - See WAC 182-500-0010.

Beneficiary - A person who is eligible for health home services. See WAC 182-557-0200.

Chronic condition - A condition that, in combination with the beneficiary's risk score, determines eligibility for health home services. The chronic conditions covered are mental health conditions, substance use disorders, asthma, diabetes, heart disease, cancer, cerebrovascular disease, coronary artery disease, dementia or Alzheimer's disease, intellectual disability or disease, HIV/AIDS, renal failure, chronic respiratory conditions, neurological disease, gastrointestinal, hematological and musculoskeletal conditions.

Contractor - The entity providing covered services under contract with the agency.

Coverage area(s) - Predetermined geographical area(s) composed of specific counties that will facilitate a phased-in implementation of health homes.

Covered services - A set of services across medicare and medicaid to be coordinated as part of health home program activities.

DSHS - The department of social and health services.

Health action plan - A beneficiary-prioritized plan identifying what the beneficiary plans to do to improve their health and/or self-management of health conditions.

Health home - An entity composed of community based providers, qualified and contracted by the agency to provide health home services to eligible beneficiaries.

HIPAA (Health Insurance Portability and Accountability Act of 1996) - Regulations designed to provide privacy standards to protect patients' medical records and other health information provided to health plans, doctors, hospitals, and other health care providers.

Dual eligible - For the purpose of this chapter, means individuals who are enrolled in medicare parts A and B, and who are eligible for, and receiving, medicaid and no other comprehensive private or public health coverage.

Medicaid - See WAC 182-500-0070.

Participation - An agreement by the beneficiary to participate in health home services as demonstrated by the health action plan.

Risk score - A measure of expected cost risk in the next twelve months based on the beneficiary's disease profiles, medical care utilization, and pharmacy utilization.

[11-14-075, recodified as 182-557-0100, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520, and 2007 c 259, 4. 07-20-048, 388-557-0100, filed 9/26/07, effective 11/1/07.]


AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-557-0200   ((Chronic care management program)) Health home program--Client eligibility and participation.   (((1) To be a participant in the chronic care management program, a client must:

(a) Be a recipient of the supplemental security income (SSI) program or general assistance with expedited medical categorically needy (GAX) program;

(b) Be identified through predictive modeling as being high risk for high medical costs as a result of needing medical treatment for multiple conditions; and

(c) Agree to participate in the program.

(2) A client participating in the chronic care management program must not be:

(a) Receiving medicare benefits;

(b) Residing in an institution, as defined in WAC 388-500-0005, for more than thirty days;

(c) Eligible for third party coverage that provides care management services or requires administrative controls that would duplicate or interfere with the department's chronic care management program;

(d) Enrolled with a managed care organization (MCO) plan contracted with DSHS;

(e) Currently receiving long term care services; or

(f) Receiving case management services that chronic care management program services would duplicate.

(3) Using data provided by DSHS, the statewide care management (SCM) contractor identifies medical assistance clients who are potential participants for chronic care management program services. A client who meets the participation requirements in this section:

(a) Will be served by the SCM program or a local care management (LCM) program, based on the geographical area of the state the client resides.

(b) Will be contacted by an SCM or LCM care manager for an assessment and enrollment in the program;

(c) Will not be enrolled unless the client specifically agrees to the enrollment;

(d) May request disenrollment at any time. Disenrollment is effective the first day of the following month; and

(e) May request reenrollment at any time. Reenrollment is effective the first day of the following month.

(4) A participating client who subsequently enrolls in a DSHS voluntary managed care program is no longer eligible for chronic care management program services.

(5) A client who meets the eligibility and enrollment criteria for participation in the chronic care management services program:

(a) Is eligible to participate for six months from the date of enrollment provided the client continues to meet eligibility and enrollment criteria; and

(b) May participate for additional six-month participation periods if both the department and the SCM or LCM contractor determine that the participant's self-management skills and health care outcome would benefit.

(6) A client who does not agree with a decision regarding chronic care management program services has a right to a hearing under chapter 388-02 WAC.)) (1) To participate in the health home program, a beneficiary must be:

(a) A recipient of the medicaid aged, blind, disabled assistance program; or

(b) A recipient of temporary assistance for needy families (TANF); or

(c) Dually eligible for medicare and medicaid services; and

(i) Have one or more chronic condition(s) as defined in WAC 182-557-0100 and the risk of developing another; and

(ii) Be identified through predictive modeling as being high risk for high medical costs and poor health outcomes as a result of needing medical treatment for chronic condition(s); and

(iii) Agree to participate in a health home program.

(2) A beneficiary participating in the health home program must not be:

(a) Eligible for third-party coverage that provides care management services or requires administrative controls that would duplicate or interfere with the agency's health home program; or

(b) Receiving services through another health system that health home services would duplicate.

(3) Using data provided by the department of social and health services (DSHS), the agency identifies beneficiaries who are potential participants of health home services. A beneficiary who meets the participation requirements in this section will:

(a) Be served by a qualified health home based on the coverage area in which the beneficiary resides;

(b) Be contacted for an assessment and participation in the program;

(c) Work with a care coordinator to develop a health action plan that details the beneficiary's health goals and a plan for achievement of those goals; and

(d) Will receive health home services at a level appropriate to the beneficiary's needs.

(4) A participant who does not agree with a decision regarding health home services has the right to an administrative hearing as described in chapter 182-526 WAC.

[11-14-075, recodified as 182-557-0200, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520, and 2007 c 259, 4. 07-20-048, 388-557-0200, filed 9/26/07, effective 11/1/07.]


AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-557-0300   ((Chronic care management program)) Health home services -- Confidentiality and data sharing.   (((1) Statewide care management (SCM) and local care management (LCM) contractors must meet the confidentiality and data sharing requirements that apply to clients eligible under Title XIX medicaid programs and as specified in the chronic care management contract.

(2) DSHS shares health care data with SCM and LCM contractors under the provisions of RCW 70.02.050 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(3) DSHS requires SCM and LCM contractors to monitor and evaluate participant activities and provide to the department:

(a) Any client information collected; and

(b) Any data compiled as the result of the program.)) (1) Qualified health home contractors must meet the confidentiality and data sharing requirements that apply to clients eligible under medicare and Title XIX medicaid programs and as specified in the health home contract.

(2) The agency and the department of social and health services (DSHS) share health care data with qualified health home contractors under the provisions of RCW 70.02.050 and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(3) The agency requires qualified health home contractors to monitor and evaluate participant activities and report to the agency as required by the health home contract.

[11-14-075, recodified as 182-557-0300, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520, and 2007 c 259, 4. 07-20-048, 388-557-0300, filed 9/26/07, effective 11/1/07.]


AMENDATORY SECTION(Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)

WAC 182-557-0400   ((Chronic care management program services)) Health home -- Payment.   ((Only a DSHS-contracted statewide care management (SCM) and local care management (LCM) program may bill and be paid for providing the chronic care management program services described in chapter 388-557 WAC. Billing requirements and payment methodology are described in the contract between DSHS and the contractor.)) Only an agency-contracted qualified health home may bill and be paid for providing health home services described in this chapter. Billing requirements and payment methodology are described in the contract between the agency and the contractor.

[11-14-075, recodified as 182-557-0400, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520, and 2007 c 259, 4. 07-20-048, 388-557-0400, filed 9/26/07, effective 11/1/07.]