Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-11-103.

     Title of Rule and Other Identifying Information: Amending WAC 182-531-1500 Sleep studies and 182-550-1800 Hospital specialty services not requiring prior authorization; and repealing WAC 182-550-6350 Outpatient sleep apnea/sleep study programs.

     Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Sue Crystal Conference Room 106A, 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 March 12, 2013, at 10:00 a.m.

     Date of Intended Adoption: Not sooner than March 13, 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 March 12, 2013.

     Assistance for Persons with Disabilities: Contact Kelly Richters by March 5, 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: As a result of a health technology assessment, the agency is amending centers of excellence criteria to include nonhospital-owned and operated facilities in the agency-approved sleep study list.

     Reasons Supporting Proposal: This action to improve access to care.

     Statutory Authority for Adoption: 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: Jason R. P. Crabbe, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1346; Implementation and Enforcement: Maureen Guzman, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-2033.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed rule amendments and concludes that they do not impose a disproportionate cost impact on small businesses. As a result, the preparation of a small business economic impact statement is not required.

     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.

February 5, 2013

Kevin M. Sullivan

Rules Coordinator

OTS-5289.2

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

WAC 182-531-1500   Sleep studies.   (((1) The department covers sleep studies only when all of the following apply:

     (a) The study is done to establish a diagnosis of narcolepsy or of sleep apnea;

     (b) The study is done only at a department-approved sleep study center that meets the standards and conditions in subsections (2), (3), and (4) of this section; and

     (c) An ENT consultation has been done for a client under ten years of age.

     (2) In order to become a department-approved sleep study center, a sleep lab must send to the department verification of both of the following:

     (a) Sleep lab accreditation by the American Academy of Sleep Medicine; and

     (b) Physician's Board Certification by the American Board of Sleep Medicine.

     (3) Registered polysomnograph technicians (PSGT) must meet the accreditation standards of the American Academy of Sleep Medicine.

     (4) When a sleep lab changes directors, the department requires the provider to submit accreditation for the new director. If an accredited director moves to a facility that the department has not approved, the provider must submit certification for the facility.)) (1) Purpose. For the purposes of this section, sleep studies include polysomnography (PSG) and multiple sleep latency testing (MSLT). The medicaid agency covers attended, full-channel, PSG and MSLT when:

     (a) Ordered by the client's physician;

     (b) Performed in an agency-designated center of excellence (COE) that is an independent diagnostic testing facility, sleep laboratory, or outpatient hospital; and

     (c) Results are used to:

     (i) Establish a diagnosis of narcolepsy or sleep apnea; or

     (ii) Evaluate a client's response to therapy, such as continuous positive airway pressure (CPAP).

     (2) Definitions. The following definitions, those found in chapter 182-500 WAC, and definitions found in other sections of this chapter, apply to this section:

     (a) "American Academy of Sleep Medicine" or "AASM" - The only professional society dedicated exclusively to the medical subspecialty of sleep medicine. AASM sets standards and promotes excellence in health care, education, and research. Members specialize in studying, diagnosing, and treating disorders of sleep and daytime alertness such as insomnia, narcolepsy, and obstructive sleep apnea.

     (b) "Continuous positive airway pressure" or "CPAP" - See WAC 182-552-0005.

     (c) "Core provider agreement" or "CPA" - The basic contract the agency holds with providers serving medical assistance clients.

     (d) "Multiple sleep latency test" or "MSLT" - A sleep disorder diagnostic tool used to measure the time elapsed from the start of a daytime nap period to the first signs of sleep, called sleep latency. The MSLT is used extensively to test for narcolepsy, to distinguish between physical tiredness and true excessive daytime sleepiness, or to assess whether treatments for breathing disorders are working.

     (e) "Obstructive sleep apnea" or "OSA" - See WAC 182-552-0005.

     (f) "Polysomnogram" - The test results from a polysomnography.

     (g) "Polysomnography" - A multiparametric test that electronically transmits and records specific physical activities while a person sleeps. The recordings become data that are analyzed by a qualified sleep specialist to determine whether or not a person has a sleep disorder.

     (h) "PSG" - The abbreviation for both "polysomnography" and "polysomnogram."

     (i) "Registered polysomnographic technologist" or "RPSGT" - A sleep technologist credentialed by the board of registered polysomnographic technologists to assist sleep specialists in the clinical assessment, physiological monitoring and testing, diagnosis, management, and prevention of sleep-related disorders with the use of various diagnostic and therapeutic tools. These tools include, but are not limited to, polysomnograph, positive airway pressure devices, oximeter, capnograph, actigraph, nocturnal oxygen, screening devices, and questionnaires. To become certified as a registered polysomnographic technologist, a sleep technologist must have the necessary clinical experience, hold CPR certification or its equivalent, adhere to the board of registered polysomnographic technologists standards of conduct, and pass the registered polysomnographic technologist examination for polysomnographic technologists.

     (3) Client eligibility. Clients in the following agency programs are eligible to receive sleep studies as described in this section:

     (a) Categorically needy (CN);

     (b) Apple health for kids and other children's medical assistance programs as defined in WAC 182-505-0210;

     (c) Medical care services as described in WAC 182-508-0005 (within Washington state or border areas only);

     (d) Alcoholism and Drug Addiction Treatment and Support Act (ADATSA) (within Washington state or border areas only); and

     (e) Medically needy (MN) only when the client is either:

     (i) Twenty years of age or younger and referred by a screening provider under the early and periodic screening, diagnosis, and treatment program as described in chapter 182-534 WAC; or

     (ii) Receiving home health care services as described in chapter 182-551 WAC, subchapter II.

     (4) Provider requirements. To be paid for providing sleep studies as described in this section to eligible clients, the facility must:

     (a) Be a sleep study COE. Refer to subsection (5) of this section for information on becoming an agency-approved sleep study COE;

     (b) Be currently accredited by AASM and continuously meet the accreditation standards of AASM;

     (c) Have at least one physician on staff who is board certified in sleep medicine; and

     (d) Have at least one registered polysomnographic technologist (RPSGT) in the sleep lab when studies are being performed.

     (5) Documentation.

     (a) To become an agency-approved COE, a sleep center must send the following documentation to the Health Care Authority, c/o Provider Enrollment, P.O. Box 45510, Olympia, WA 98504-5510:

     (i) A completed CPA; and

     (ii) Copies of the following:

     (A) The sleep center's current accreditation certificate by AASM;

     (B) Either of the following certifications for at least one physician on staff:

     (I) Current certification in sleep medicine by the American Board of Sleep Medicine (ABSM); or

     (II) Current subspecialty certification in sleep medicine by a member of the American Board of Medical Specialties (ABMS); and

     (C) The certification of an RPSGT who is employed by the sleep center.

     (b) Sleep centers must request reaccreditation from AASM in time to avoid expiration of COE status with the agency.

     (c) At least one physician on staff at the sleep center must be board certified in sleep medicine. If the only physician on staff who is board certified in sleep medicine resigns, the sleep center must ensure another physician on staff at the sleep center obtains board certification or another board-certified physician is hired. The sleep center must then send provider enrollment a copy of the physician's board certification.

     (d) If a certified medical director leaves a COE, the COE status does not transfer with the medical director to another sleep center.

     (e) The COE must maintain a record of the physician's order for the sleep study.

     (6) Coverage.

     (a) The agency covers only medically necessary sleep studies. The need for the sleep study must be confirmed by medical evidence (e.g., physician examination and laboratory tests).

     (b) For clients twenty-one years of age and older, the agency covers:

     (i) Full-night, in-laboratory PSG for either of the following:

     (A) Confirmation of obstructive sleep apnea (OSA) in an individual with signs or symptoms consistent with OSA (e.g., loud snoring, awakening with gasping or choking, excessive daytime sleepiness, observed cessation of breathing during sleep, etc.); or

     (B) Titration of positive airway pressure therapy when initial PSG confirms the diagnosis of OSA, and positive airway pressure is ordered; or

     (ii) Split-night, in-laboratory PSG in which the initial diagnostic portion of the PSG is followed by positive airway pressure titration when the PSG meets either of the following criteria:

     (A) The apnea-hypopnea index (AHI) or respiratory disturbance index (RDI) is greater than or equal to fifteen events per hour with a minimum of thirty events; or

     (B) The AHI or RDI is greater than or equal to five and less than or equal to fourteen events per hour with a minimum of ten events with documentation of either of the following:

     (I) Excessive daytime sleepiness, impaired cognition, mood disorders, or insomnia; or

     (II) Hypertension, ischemic heart disease, or history of stroke.

     (c) For clients younger than twenty-one years of age, the agency considers any of the following indications as medically necessary criteria for a sleep study:

     (i) OSA suspected based on clinical assessment;

     (ii) Obesity, Trisomy 21, craniofacial abnormalities, neuromuscular disorders, sickle cell disease, or mucopolysaccharidosis (MPS), prior to adenotonsillectomy in a child;

     (iii) Residual symptoms of OSA following mild preoperative OSA;

     (iv) Residual symptoms of OSA in a child with preoperative evidence of moderate to severe OSA, obesity, craniofacial anomalies that obstruct the upper airway, or neurologic disorder following adenotonsillectomy;

     (v) Titration of positive airway pressure in a child with OSA;

     (vi) Suspected congenital central alveolar hypoventilation syndrome or sleep related hypoventilation due to neuromuscular disorder or chest wall deformities;

     (vii) Primary apnea of infancy;

     (viii) Evidence of a sleep-related breathing disorder in an infant who has experienced an apparent life threatening event;

     (ix) Child being considered for adenotonsillectomy to treat OSA; or

     (x) Clinical suspicion of an accompanying sleep-related breathing disorder in a child with chronic asthma, cystic fibrosis, pulmonary hypertension, bronchopulmonary dysplasia, or chest wall abnormality.

     (7) Noncoverage. The agency does not cover sleep studies:

     (a) When the sleep study is an unattended home study;

     (b) When documentation for a repeat study does not indicate medical necessity (e.g., no new clinical documentation indicating the need for a repeat study); or

     (c) For the following indications, except when an underlying physiology exists (e.g., loud snoring, awakening with gasping or choking, excessive daytime sleepiness, observed cessation of breathing during sleep, etc.):

     (i) Chronic insomnia; and

     (ii) Snoring.

[11-14-075, recodified as § 182-531-1500, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090. 10-19-057, § 388-531-1500, filed 9/14/10, effective 10/15/10. Statutory Authority: RCW 74.08.090, 74.09.520. 01-01-012, § 388-531-1500, filed 12/6/00, effective 1/6/01.]

OTS-5290.1

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

WAC 182-550-1800   Hospital specialty services not requiring prior authorization.   The ((department)) medicaid agency pays for certain specialty services without requiring prior authorization when such services are provided consistent with ((department)) agency medical necessity and utilization review standards. These services include, but are not limited to, the following:

     (1) All transplant procedures specified in WAC ((388-550-1900)) 182-550-1900(2) under the conditions established in WAC ((388-550-1900)) 182-550-1900;

     (2) Chronic pain management services, including outpatient evaluation and inpatient treatment, as described under WAC ((388-550-2400)) 182-550-2400;

     (3) Polysomnograms and multiple sleep latency tests ((for clients one year of age and older (allowed only in outpatient hospital settings))), as described under WAC ((388-550-6350)) 182-531-1500;

     (4) Diabetes education (allowed only in outpatient hospital setting), as described under WAC ((388-550-6400)) 182-550-6400; and

     (5) Weight loss program (allowed only in outpatient hospital setting), as described under WAC ((388-550-6450)) 182-550-6450.

[11-14-075, recodified as § 182-550-1800, filed 6/30/11, effective 7/1/11. Statutory Authority: RCW 74.08.090, 74.09.500. 07-14-018, § 388-550-1800, filed 6/22/07, effective 8/1/07. Statutory Authority: RCW 74.08.090, 74.09.730, 74.04.050, 70.01.010, 74.09.200, [74.09.]500, [74.09.]530 and 43.20B.020. 98-01-124, § 388-550-1800, filed 12/18/97, effective 1/18/98.]

     The following section of the Washington Administrative Code is repealed:

WAC 182-550-6350

Outpatient sleep apnea/sleep study programs.