WSR 18-11-093 PREPROPOSAL STATEMENT OF INQUIRY HEALTH CARE AUTHORITY [Filed May 18, 2018, 3:59 p.m.] Subject of Possible Rule Making: WAC 182-543-9000 DME and related supplies, complex rehabilitation, prosthetics, orthotics, medical supplies and related services—General reimbursement, 182-543-9100 Reimbursement method—Other DME, 182-543-9200 Reimbursement method—Wheelchairs, 182-543-9250 Reimbursement method—Complex rehabilitation technology, 182-543-9300 Reimbursement method—Prosthetics and orthotics, 182-543-9400 Reimbursement method—Medical supplies and related services, and other related rules as appropriate. Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 74.08.090, 74.04.050, 42 C.F.R. § 431.16, § 1903 (i)(27) of the Social Security Act. Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency intends to amend chapter 182-543 WAC to align with section 503 of the Consolidated Appropriations Act, 2016 and section 5002 of the 21st Century Cures Act of 2016, which added section 1903 (i)(27) to the Social Security Act. These changes prohibit federal medicaid reimbursement to states for certain durable medical equipment expenditures that are, in the aggregate, in excess of what medicare would have paid for such items. During the course of this review, the agency may identify additional changes that are required in order to improve clarity or update policy. Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services. Process for Developing New Rule: The agency welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, the agency will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy. Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Melinda Froud, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1408, fax 360-586-9727, TTY 1-800-848-5429, email melinda.froud@hca.wa.gov, web site www.hca.wa.gov/about-hca/rulemaking. May 18, 2018 Wendy Barcus Rules Coordinator |