Effective Date of Rule: Immediately.

     Purpose: The department is amending WAC 388-106-0300 and 388-106-0305 in order to restore dental services under the COPES waiver as required by the legislature in 2011. The department received approval for this action from the Centers for Medicare and Medicaid in 2012.

     Citation of Existing Rules Affected by this Order: Amending WAC 388-106-0300 and 388-106-0305.

     Statutory Authority for Adoption: RCW 74.08.090, 74.09.520.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, 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: This emergency filing is necessary in order to preserve public health, by restoring dental services available under the COPES waiver. The emergency filing is also necessary to officially implement a requirement of the 2011 budget. The department is also proceeding with the permanent rule process by filing a CR-101.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 2, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

     Date Adopted: March 12, 2013.

Katherine I. Vasquez

Rules Coordinator

     (1) Personal care services as defined in WAC 388-106-0010 in your own home and, as applicable, while you are out of the home accessing community resources or working.

     (2) Adult day care if you meet the eligibility requirements under WAC 388-106-0805.

     (3) Environmental modifications, if the minor physical adaptations to your home:

     (a) Are necessary to ensure your health, welfare and safety;

     (b) Enable you to function with greater independence in the home;

     (c) Directly benefit you medically or remedially;

     (d) Meet applicable state or local codes; and

     (e) Are not adaptations or improvements, which are of general utility or add to the total square footage.

     (4) Home delivered meals, providing nutritional balanced meals, limited to one meal per day, if:

     (a) You are homebound and live in your own home;

     (b) You are unable to prepare the meal;

     (c) You don't have a caregiver (paid or unpaid) available to prepare this meal; and

     (d) Receiving this meal is more cost-effective than having a paid caregiver.

     (5) Home health aide service tasks in your own home, if the service tasks:

     (a) Include assistance with ambulation, exercise, self-administered medications and hands-on personal care;

     (b) Are beyond the amount, duration or scope of medicaid reimbursed home health services as described in WAC 182-551-2120 and are in addition to those available services;

     (c) Are health-related. Note: Incidental services such as meal preparation may be performed in conjunction with a health-related task as long as it is not the sole purpose of the aide's visit; and

     (d) Do not replace medicare home health services.

     (6)(a) Personal emergency response system (PERS), if the service is necessary to enable you to secure help in the event of an emergency and if:

     (i) You live alone in your own home;

     (ii) You are alone, in your own home, for significant parts of the day and have no regular provider for extended periods of time; or

     (iii) No one in your home, including you, can secure help in an emergency.

     (b) A medication reminder if you:

     (i) Are eligible for a PERS unit;

     (ii) Do not have a caregiver available to provide the service; and

     (iii) Are able to use the reminder to take your medications.

     (7) Skilled nursing, if the service is:

     (a) Provided by a registered nurse or licensed practical nurse under the supervision of a registered nurse; and

     (b) Beyond the amount, duration or scope of medicaid-reimbursed home health services as provided under WAC 182-551-2100.

     (8) Specialized durable and nondurable medical equipment and supplies under WAC 388-543-1000, if the items are:

     (a) Medically necessary under WAC 182-500-0700;

     (b) Necessary for: Life support; to increase your ability to perform activities of daily living; or to perceive, control, or communicate with the environment in which you live;

     (c) Directly medically or remedially beneficial to you; and

     (d) In addition to and do not replace any medical equipment and/or supplies otherwise provided under medicaid and/or medicare.

     (9) Training needs identified in CARE or in a professional evaluation, which meet a therapeutic goal such as:

     (a) Adjusting to a serious impairment;

     (b) Managing personal care needs; or

     (c) Developing necessary skills to deal with care providers.

     (10) Transportation services, when the service:

     (a) Provides access to community services and resources to meet your therapeutic goal;

     (b) Is not diverting in nature; and

     (c) Is in addition to and does not replace the medicaid-brokered transportation or transportation services available in the community.

     (11) Nurse delegation services, when:

     (a) You are receiving personal care from a registered or certified nursing assistant who has completed nurse delegation core training;

     (b) Your medical condition is considered stable and predictable by the delegating nurse; and

     (c) Services are provided in compliance with WAC 246-840-930.

     (12) Nursing services, when you are not already receiving this type of service from another resource. A registered nurse may visit you and perform any of the following activities. The frequency and scope of the nursing services is based on your individual need as determined by your CARE assessment and any additional collateral contact information obtained by your case manager.

     (a) Nursing assessment/reassessment;

     (b) Instruction to you and your providers;

     (c) Care coordination and referral to other health care providers;

     (d) Skilled treatment, only in the event of an emergency. A skilled treatment is care that would require authorization, prescription, and supervision by an authorized practitioner prior to its provision by a nurse, for example, medication administration or wound care such as debridement. In nonemergency situations, the nurse will refer the need for any skilled medical or nursing treatments to a health care provider, a home health agency or other appropriate resource.

     (e) File review; and/or

     (f) Evaluation of health-related care needs affecting service plan and delivery.

     (13) Community transition services, if you are being discharged from the nursing facility or hospital and if services are necessary for you to set up your own home. Services:

     (a) May include: Safety deposits, utility set-up fees or deposits, health and safety assurances such as pest eradication, allergen control or one-time cleaning prior to occupancy, moving fees, furniture, essential furnishings, and basic items essential for basic living outside the institution; and

     (b) Do not include rent, recreational or diverting items such as TV, cable or VCRs.

     (14) Adult day health services as described in WAC 388-71-0706 when you are:

     (a) Assessed as having an unmet need for skilled nursing under WAC 388-71-0712 or skilled rehabilitative therapy under WAC 388-71-0714 and:

     (i) There is a reasonable expectation that these services will improve, restore or maintain your health status, or in the case of a progressive disabling condition, will either restore or slow the decline of your health and functional status or ease related pain or suffering;

     (ii) You are at risk for deteriorating health, deteriorating functional ability, or institutionalization; and

     (iii) You have a chronic or acute health condition that you are not able to safely manage due to a cognitive, physical, or other functional impairment.

     (b) Assessed as having needs for personal care or other core services, whether or not those needs are otherwise met.

     (c) You are not eligible for adult day health if you:

     (i) Can independently perform or obtain the services provided at an adult day health center;

     (ii) Have referred care needs that:

     (A) Exceed the scope of authorized services that the adult day health center is able to provide;

     (B) Do not need to be provided or supervised by a licensed nurse or therapist;

     (C) Can be met in a less structured care setting;

     (D) In the case of skilled care needs, are being met by paid or unpaid caregivers;

     (E) Live in a nursing home or other institutional facility; or

     (F) Are not capable of participating safely in a group care setting.

     (15) Adult comprehensive dental services as defined in WAC 182-535-1050 through 182-535-1550, when you are age twenty-one or older and the service is not covered by medicaid state plan services.

     (a) The services do not include crowns, endodontics, orthodontics, and oral surgeries not related to preventive or restorative oral health.

     (b) All payments to providers will be made by the health care authority under chapter 182-535 WAC.

[Statutory Authority: RCW 74.08.090, 74.09.520, and 2012 2nd sp.s. c 7. 12-15-087, § 388-106-0300, filed 7/18/12, effective 8/18/12. Statutory Authority: RCW 74.08.090, 74.09.520. 07-24-026, § 388-106-0300, filed 11/28/07, effective 1/1/08. Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.010 and 74.39A.020. 06-05-022, § 388-106-0300, filed 2/6/06, effective 3/9/06. Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0300, filed 5/17/05, effective 6/17/05.]

     (1) Personal care services as defined under WAC 388-106-0010.

     (2) Specialized durable and nondurable medical equipment and supplies under WAC 388-543-1000, when the items are:

     (a) Medically necessary under WAC 388-500-0005; and

     (b) Necessary: For life support; to increase your ability to perform activities of daily living; or to perceive, control, or communicate with the environment in which you live; and

     (c) Directly medically or remedially beneficial to you; and

     (d) In addition to and do not replace any medical equipment and/or supplies otherwise provided under medicaid and/or medicare; and

     (e) In addition to and do not replace the services required by the department's contract with a residential facility.

     (3) Training needs identified in CARE or in a professional evaluation, that are in addition to and do not replace the services required by the department's contract with the residential facility and that meet a therapeutic goal such as:

     (a) Adjusting to a serious impairment;

     (b) Managing personal care needs; or

     (c) Developing necessary skills to deal with care providers.

     (4) Transportation services, when the service:

     (a) Provides access to community services and resources to meet a therapeutic goal;

     (b) Is not diverting in nature;

     (c) Is in addition to and does not replace the medicaid-brokered transportation or transportation services available in the community; and

     (d) Does not replace the services required by DSHS contract in residential facilities.

     (5) Skilled nursing, when the service is:

     (a) Provided by a registered nurse or licensed practical nurse under the supervision of a registered nurse;

     (b) Beyond the amount, duration or scope of medicaid-reimbursed home health services as provided under WAC 388-551-2100; and

     (c) In addition to and does not replace the services required by the department's contract with the residential facility (e.g. intermittent nursing services as described in WAC 388-78A-2310).

     (6) Nursing services, when you are not already receiving this type of service from another resource. A registered nurse may visit you and perform any of the following activities. The frequency and scope of the nursing services is based on your individual need as determined by your CARE assessment and any additional collateral contact information obtained by your case manager.

     (a) Nursing assessment/reassessment;

     (b) Instruction to you and your providers;

     (c) Care coordination and referral to other health care providers;

     (d) Skilled treatment, only in the event of an emergency. A skilled treatment is care that would require authorization, prescription, and supervision by an authorized practitioner prior to its provision by a nurse, for example, medication administration or wound care such as debridement. In nonemergency situations, the nurse will refer the need for any skilled medical or nursing treatments to a health care provider, a home health agency or other appropriate resource.

     (e) File review; and/or

     (f) Evaluation of health-related care needs affecting service plan and delivery.

     (7) Community transition services, if you are being discharged from the nursing facility or hospital and if services are necessary for you to live in a residential facility. Services:

     (a) May include: Safety deposits, utility set up fees or deposits, health and safety assurances such as pest eradication, allergen control or one time cleaning prior to occupancy, moving fees, furniture, essential furnishings, and basic items essential for basic living outside the institution.

     (b) Do not include rent, recreational or diverting items such as TV, cable or VCRs.

     (8) Adult day health services as described in WAC 388-71-0706 when you are:

     (a) Assessed as having an unmet need for skilled nursing under WAC 388-71-0712 or skilled rehabilitative therapy under WAC 388-71-0714, and:

     (i) There is a reasonable expectation that these services will improve, restore or maintain your health status, or in the case of a progressive disabling condition, will either restore or slow the decline of your health and functional status or ease related pain or suffering;

     (ii) You are at risk for deteriorating health deteriorating functional ability, or institutionalization; and

     (iii) You have a chronic or acute health condition that you are not able to safely manage due to a cognitive, physical, or other functional impairment.

     (b) Assessed as having needs for personal care or other core services, whether or not those needs are otherwise met.

     (c) You are not eligible for adult day health if you:

     (i) Can independently perform or obtain the services provided at an adult day health center;

     (ii) Have referred care needs that:

     (A) Exceed the scope of authorized services that the adult day health center is able to provide;

     (B) Do not need to be provided or supervised by a licensed nurse or therapist;

     (C) Can be met in a less structured care setting;

     (D) In the case of skilled care needs, are being met by paid or unpaid caregivers;

     (E) Live in a nursing home or other institutional facility; or

     (F) Are not capable of participating safely in a group care setting.

     (9) Adult comprehensive dental services as defined in WAC 182-535-1050 through 182-535-1550, when you are age twenty-one or older, and the service is not covered by medicaid state plan services.

     (a) The services do not cover crowns, endodontics, orthodontics, and oral surgeries not related to preventive or restorative oral health.

     (b) All payments to providers will be made by the health care authority under chapter 182-535 WAC.

[Statutory Authority: RCW 74.08.090, 74.09.520, and 2012 2nd sp.s. c 7. 12-15-087, § 388-106-0305, filed 7/18/12, effective 8/18/12. Statutory Authority: RCW 74.08.090, 74.09.520, 74.39A.010 and 74.39A.020. 06-05-022, § 388-106-0305, filed 2/6/06, effective 3/9/06. Statutory Authority: RCW 74.08.090, 74.09.520. 05-11-082, § 388-106-0305, filed 5/17/05, effective 6/17/05.]