WSR 15-24-115
PROPOSED RULES
HEALTH CARE AUTHORITY
(Washington Apple Health)
[Filed December 1, 2015, 3:44 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-02-089.
Title of Rule and Other Identifying Information: WAC 182-545-400 Habilitative services, 182-545-900 Neurodevelopmental centers, and 182-551-2110 Home health servicesCovered specialized therapy.
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://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on January 5, 2016, at 10:00 a.m.
Date of Intended Adoption: Not sooner than January 6, 2016.
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 p.m. on January 5, 2016.
Assistance for Persons with Disabilities: Contact Amber Lougheed by December 29, 2015, e-mail amber.lougheed@hca.wa.gov, (360) 725-1349, TTY (800) 848-5429 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule changes are necessary to comply with service requirements in the Patient Protection and Affordable Care Act.
Reasons Supporting Proposal: This rule is necessary to create a habilitative services section by January 1, 2014, to comply with service requirements in the Patient Protection and Affordable Care Act, and to update related sections to reflect the creation of habilitative services.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Amy Emerson, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1348; Implementation and Enforcement: Jean Gowen, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1966.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed new and amended rules and determines they will not have an adverse economic impact on small businesses. The preparation of a comprehensive small business economic impact statement therefore 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.
December 1, 2015
Wendy Barcus
Rules Coordinator
NEW SECTION
WAC 182-545-400 Habilitative services.
(1) Habilitative services assist the client in partially or fully attaining, learning, maintaining, or improving developmental-age appropriate skills that were not fully acquired as a result of a congenital, genetic, or early acquired health condition. To the extent practical, habilitative services maximize the client's ability to function in the client's environment.
(2) Eligibility is limited to clients who are enrolled in the Washington apple health alternative benefits plan defined in WAC 182-501-0060 and who have a diagnosis which is one of the qualifying conditions listed in the agency's provider guide for habilitative services. Clients enrolled in an agency-contracted managed care organization (MCO) must arrange for habilitative services through their MCO.
(3) The following licensed health care professionals may enroll with the agency to provide habilitative services within their scope of practice to eligible clients:
(a) Physiatrists;
(b) Occupational therapists;
(c) Occupational therapy assistants supervised by a licensed occupational therapist;
(d) Physical therapists;
(e) Physical therapy assistants supervised by a licensed physical therapist;
(f) Speech-language pathologists who have been granted a certificate of clinical competence by the American Speech-Language-Hearing Association; and
(g) Speech-language pathologists who have completed the equivalent educational and work experience necessary for such a certificate.
(4) The agency pays for habilitative services that are:
(a) Covered within the scope of the client's alternative benefits plan under WAC 182-501-0060;
(b) Medically necessary;
(c) Within currently accepted standards of evidence-based medical practice;
(d) Ordered by a physician, physician assistant, or an advanced registered nurse practitioner;
(e) Begun within thirty calendar days of the date ordered;
(f) Provided by one of the health care professionals listed in subsection (3) of this section;
(g) Authorized under this chapter, chapters 182-501 and 182-502 WAC, and the agency's published provider guides;
(h) Billed under this chapter, chapters 182-501 and 182-502 WAC, and the agency's published provider guides; and
(i) Provided as part of a habilitative treatment program:
(i) In an office or outpatient hospital setting;
(ii) In the home, by a home health agency as described in chapter 182-551 WAC; or
(iii) In a neurodevelopmental center, as described in WAC 182-545-900.
(5) For billing purposes under this section:
(a) Each fifteen minutes of timed procedure code equals one unit.
(b) Each nontimed procedure code equals one unit, regardless of how long the procedure takes.
(c) Duplicate services for habilitative services are not allowed for the same client when both providers are performing the same or similar procedure on the same day.
(d) The agency does not pay a health care professional for habilitative services performed in an outpatient hospital setting when the health care professional is not employed by the hospital. The hospital must bill the agency for the services.
(6) The limitations in subsection (7) of this section do not apply to eligible clients under age twenty-one.
(7) For eligible clients age twenty-one and older, the agency covers habilitative services that include an ongoing management plan for the client or the client's caregiver to support continued client progress. The agency limits habilitative services as follows:
(a) Occupational therapy, per client, per year:
(i) Without authorization:
(A) One occupational therapy evaluation;
(B) One occupational therapy reevaluation at time of discharge; and
(C) Twenty-four units of occupational therapy (which equals approximately six hours).
(ii) With expedited prior authorization (EPA), up to twenty-four additional units of occupational therapy may be available when the therapy is required as part of an initial botulinum toxin injection protocol for spasticity or dystonia and botulinum toxin has been authorized by the agency.
(b) Physical therapy, per client, per year:
(i) Without authorization:
(A) One physical therapy evaluation;
(B) One physical therapy reevaluation at time of discharge; and
(C) Twenty-four units of physical therapy (which equals approximately six hours).
(ii) With EPA, up to twenty-four additional units of physical therapy may be available when the therapy is required as part of an initial botulinum toxin injection protocol for spasticity or dystonia and botulinum toxin has been authorized by the agency.
(c) Speech therapy, per client, per year:
(i) Without authorization:
(A) One speech language pathology evaluation;
(B) One speech language pathology reevaluation at the time of discharge; and
(C) Six units of speech therapy (which equals approximately six hours).
(ii) With EPA, up to six additional units of speech therapy may be available when:
(A) The therapy is required as part of an initial botulinum toxin injection protocol for spasticity or dystonia and botulinum toxin has been authorized by the agency; or
(B) The client has a speech deficit caused by the qualifying condition which requires a speech generating device.
(d) Two durable medical equipment needs assessments, per client, per year. The agency covers devices and other durable medical equipment for habilitative purposes to treat conditions that qualify under chapter 182-543 WAC.
(e) Two program units of orthotics management and training of upper and lower extremities, per client, per day.
(f) Two program units for the provider to assess prosthetic or orthotic use, per client, per year.
(g) One muscle testing procedure, per client, per day.
(h) One wheelchair-needs assessment, per client, per year.
(8) The agency evaluates requests for habilitative services that exceed the limitations in this section under WAC 182-501-0169. The agency requires prior authorization for additional units when:
(a) The criteria for EPA do not apply;
(b) The number of available units under the EPA have been used and services are requested beyond the limits; or
(c) The provider requests it as a medically necessary service.
(9) The agency does not cover the following:
(a) Day habilitation services designed to provide training, structured activities, and specialized services to adults;
(b) Services to assist basic needs;
(c) Vocational services;
(d) Custodial services;
(e) Respite care;
(f) Recreational care;
(g) Residential treatment;
(h) Social services; and
(i) Educational services of any kind.
AMENDATORY SECTION (Amending WSR 11-21-066, filed 10/17/11, effective 11/17/11)
WAC 182-545-900 Neurodevelopmental centers.
(1) This section describes:
(a) Neurodevelopmental centers that may be reimbursed by the agency;
(b) Clients who may receive covered services at a neurodevelopmental center; and
(c) Covered services ((that may be provided at and reimbursed to)) for which a neurodevelopmental center may be reimbursed.
(2) In order to provide and be reimbursed for the services listed in subsection (4) of this section, the agency requires a neurodevelopmental center ((provider)) to do all of the following:
(a) Be contracted with the department of health (DOH) as a neurodevelopmental center;
(b) Provide documentation of the DOH contract to the agency; and
(c) Have an approved core provider agreement with the agency.
(3) Clients((,)) age twenty ((years of age)) or younger((,)) may receive outpatient rehabilitation and habilitative services (occupational therapy, physical therapy, and speech therapy) in agency-approved neurodevelopmental centers.
(4) The agency reimburses neurodevelopmental centers for providing the following services to clients:
(a) Outpatient rehabilitation and habilitative services as described in chapter 182-545 WAC ((182-545-200)); and
(b) Specific pediatric evaluations and team conferences that are:
(i) Attended by the center's medical director; and
(ii) Identified as payable in the agency's ((billing instructions)) provided guides.
(5) ((In order)) To be reimbursed, neurodevelopmental centers must meet the agency's billing requirements in WAC 182-502-0020, 182-502-0100, and 182-502-0150.
AMENDATORY SECTION (Amending WSR 11-21-066, filed 10/17/11, effective 11/17/11)
WAC 182-551-2110 Home health servicesCovered specialized therapy.
The agency covers ((specialized therapy (also known as outpatient rehabilitation))) outpatient rehabilitation and habilitative services in an in-home setting by a home health agency. ((See chapter 182-545 WAC outpatient rehabilitation for coverage and limitations.)) Outpatient rehabilitation and habilitative services are described in chapter 182-545 WAC. Specialized therapy is defined in WAC 182-551-2010.