WSR 16-07-090 PROPOSED RULES HEALTH CARE AUTHORITY (Washington Apple Health) [Filed March 18, 2016, 9:14 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-03-080.
Title of Rule and Other Identifying Information: WAC 182-535A-0030 Orthodontic treatment and orthodontic-related services—Provider eligibility, 182-535A-0040 Orthodontic treatment and orthodontic-related services—Covered, noncovered, and limitations to coverage, and 182-535A-0060 Orthodontic treatment and orthodontic-related services—Payment.
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 April 26, 2016, at 10:00 a.m.
Date of Intended Adoption: Not sooner than April 27, 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 5:00 p.m. on April 26, 2016.
Assistance for Persons with Disabilities: Contact Amber Lougheed by April 22, 2016, e-mail amber.lougheed@hca.wa.gov, (360) 725-1349, or TTY (800) 848-5429 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revisions to these rules are housekeeping changes to correct cross-reference errors.
Reasons Supporting Proposal: See Purpose above.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Katie Pounds, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1346; Implementation and Enforcement: Dianne Baum, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1590.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has determined that the proposed filing does not impose a disproportionate cost impact on small businesses or nonprofits.
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.
March 18, 2016
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-08-032, filed 3/25/14, effective 4/30/14)
WAC 182-535A-0030 Orthodontic treatment and orthodontic-related services—Provider eligibility.
The following provider types may furnish and be paid for providing covered orthodontic treatment and orthodontic-related services to eligible medical assistance clients:
(1) Orthodontists;
(2) Pediatric dentists;
(3) General dentists; and
(4) Agency-recognized craniofacial teams or other orthodontic specialists approved by the agency.
AMENDATORY SECTION (Amending WSR 14-08-032, filed 3/25/14, effective 4/30/14)
WAC 182-535A-0040 Orthodontic treatment and orthodontic-related services—Covered, noncovered, and limitations to coverage.
(1) Subject to the limitations in this section and other applicable WAC, the medicaid agency covers orthodontic treatment and orthodontic-related services for a client who has one of the medical conditions listed in (a) and (b) of this subsection. Treatment and follow-up care must be performed only by an orthodontist or agency-recognized craniofacial team and do not require prior authorization.
(a) Cleft lip and palate, cleft palate, or cleft lip with alveolar process involvement.
(b) The following craniofacial anomalies:
(i) Hemifacial microsomia;
(ii) Craniosynostosis syndromes;
(iii) Cleidocranial dental dysplasia;
(iv) Arthrogryposis; or
(v) Marfan syndrome.
(2) Subject to prior authorization requirements and the limitations in this section and other applicable WAC, the agency covers orthodontic treatment and orthodontic-related services for severe malocclusions with a Washington Modified Handicapping Labiolingual Deviation (HLD) Index Score of twenty-five or higher.
(3) The agency may cover orthodontic treatment for dental malocclusions other than those listed in subsection (1) and (2) of this section on a case-by-case basis and when prior authorized.
(4) The agency does not cover the following orthodontic treatment or orthodontic-related services:
(a) Replacement of lost, or repair of broken, orthodontic appliances;
(b) Orthodontic treatment for cosmetic purposes;
(c) Orthodontic treatment that is not medically necessary (as defined in WAC 182-500-0070);
(d) Out-of-state orthodontic treatment, except as stated in WAC 182-501-0180 (see also WAC 182-501-0175 for medical care provided in bordering cities); or
(e) Orthodontic treatment and orthodontic-related services that do not meet the requirements of this section or other applicable WAC.
(5) The agency covers the following orthodontic treatment and orthodontic-related services with prior authorization, subject to the limitations listed (providers must bill for these services according to WAC 182-535A-0060):
(a) Panoramic radiographs (X rays) when medically necessary.
(b) Interceptive orthodontic treatment, when medically necessary.
(c) Limited transitional orthodontic treatment, when medically necessary. The treatment must be completed within twelve months of the date of the original appliance placement (see subsection (((6))) (8)(a) of this section for information on limitation extensions). The agency's payment includes final records, photos, panoramic X rays, cephalometric films, and final trimmed study models.
(d) Comprehensive full orthodontic treatment, when medically necessary. The treatment must be completed within thirty months of the date of the original appliance placement (see subsection (((6))) (8)(a) of this section for information on limitation extensions). The agency's payment includes final records, photos, panoramic X rays, cephalometric films, and final trimmed study models.
(e) Orthodontic appliance removal only when:
(i) The client's appliance was placed by a different provider or dental clinic; and
(ii) The provider has not furnished any other orthodontic treatment or orthodontic-related services to the client.
(f) Other medically necessary orthodontic treatment and orthodontic-related services as determined by the agency.
(6) The treatment plan must indicate that the course of treatment will be completed prior to the client's twenty-first birthday.
(7) The treatment must meet industry standards and correct the medical issue. If treatment is discontinued prior to completion, clear documentation must be kept in the client's file why treatment was discontinued or not completed.
(8) The agency evaluates a request for orthodontic treatment or orthodontic-related services:
(a) That are in excess of the limitations or restrictions listed in this section, according to WAC 182-501-0169; and
(b) That are listed as noncovered according to WAC 182-501-0160.
(9) The agency reviews requests for orthodontic treatment or orthodontic-related services for clients who are eligible for services under the EPSDT program according to the provisions of WAC 182-534-0100.
AMENDATORY SECTION (Amending WSR 14-08-032, filed 3/25/14, effective 4/30/14)
WAC 182-535A-0060 Orthodontic treatment and orthodontic-related services—Payment.
(1) The medicaid agency pays providers for furnishing covered orthodontic treatment and orthodontic-related services described in WAC 182-535A-0040 according to this section and other applicable WAC.
(2) The agency considers that a provider who furnishes covered orthodontic treatment and orthodontic-related services to an eligible client has accepted the agency's fees as published in the agency's fee schedules.
(3) Interceptive orthodontic treatment. The agency pays for interceptive orthodontic treatment as follows:
(a) The first three months of treatment starts the date the initial appliance is placed and includes active treatment for the first three months.
(b) Treatment must be completed within twelve months of the date of appliance placement.
(4) Limited transitional orthodontic treatment. The agency pays for limited transitional orthodontic treatment as follows:
(a) The first three months of treatment starts the date the initial appliance is placed and includes active treatment for the first three months. The provider must bill the agency with the date of service that the initial appliance is placed.
(b) Continuing follow-up treatment must be billed after each three-month treatment interval during the treatment.
(c) Treatment must be completed within twelve months of the date of appliance placement. Treatment provided after one year from the date the appliance is placed requires a limitation extension. See WAC 182-535A-0040(((6))) (8).
(5) Comprehensive full orthodontic treatment. The agency pays for comprehensive full orthodontic treatment as follows:
(a) The first six months of treatment starts the date the initial appliance is placed and includes active treatment for the first six months. The provider must bill the agency with the date of service that the initial appliance is placed.
(b) Continuing follow-up treatment must be billed after each three-month treatment interval, with the first three-month interval beginning six months after the initial appliance placement.
(c) Treatment must be completed within thirty months of the date of appliance placement. Treatment provided after thirty months from the date the appliance is placed requires a limitation extension. See WAC 182-535A-0040(((6))) (8).
(6) Payment for orthodontic treatment and orthodontic-related services is based on the agency's published fee schedule.
(7) Orthodontic providers who are in agency-designated bordering cities must:
(a) Meet the licensure requirements of their state; and
(b) Meet the same criteria for payment as in-state providers, including the requirements to contract with the agency.
(8) If the client's eligibility for orthodontic treatment under WAC 182-535A-0020 ends before the conclusion of the orthodontic treatment, payment for any remaining treatment is the ((individual's)) client's responsibility. The agency does not pay for these services.
(9) The client is responsible for payment of any orthodontic service or treatment received during any period of ineligibility, even if the treatment was started when the client was eligible. The agency does not pay for these services.
(10) See WAC 182-502-0160 and 182-501-0200 for when a provider or a client is responsible to pay for a covered service.
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