WSR 20-03-118
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed January 16, 2020, 1:18 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-15-067.
Title of Rule and Other Identifying Information: Chapter 246-710 WAC, the department of health (department) is proposing: (1) Updating the coordinated children's services rules to current standards; (2) amending to include accessing the department as a payer of last resort, and repayment to the department under certain circumstance; and (3) adding new sections to include programs such as neurodevelopmental centers (NDC).
Hearing Location(s): On March 3, 2020, at 1:00 p.m., at the Department of Health, Town Center 1, Room 166, 111 Israel Road S.E., Tumwater, WA 98501.
Date of Intended Adoption: March 4, 2020.
Submit Written Comments to: Ashley Noble, Department of Health, P.O. Box 47380, Olympia, WA 98504-7903, email https://fortress.wa.gov/doh/policyreview, by March 3, 2020.
Assistance for Persons with Disabilities: Contact Ashley Noble, phone 360-236-3736, TTY 360-833-6388 or 711, email ashley.noble@doh.wa.gov, pchrules@doh.wa.gov, by February 25, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The children and youth with special health care needs (CYSHCN) program at the department is a required program under the maternal and child health block grant (MCHBG) from the United States Health Resources and Services Administration (HRSA). This [The] proposed rule changes will fulfill that requirement by ensuring clear, consistent guidance for the program and clients so they can better understand the supports available and have better access to services.
Reasons Supporting Proposal: The department continues to need this rule to administer the CYSHCN program. Much of this rule has not been updated since 2003, which has resulted in the existing requirements and language in the rule becoming outdated. Several sections of the rule also need to be expanded to outline the policies and procedures for the department's programs, such as accessing MCHBG funds as a payer of last resort, and repayment to the department under certain circumstances. Additionally, a new section is needed to describe the NDC designation and administration of funds, as well as data sharing requirements and procedures.
Updating this rule will provide stable guidance and direction for these programs, establish protocols and procedures for services, supports, and data sharing, simplify our program contracts, and provide comprehensive guidance for our NDCs.
Statutory Authority for Adoption: RCW 43.70.040, 43.70.080, 43.70.120.
Statute Being Implemented: RCW 43.70.040, 43.70.080, 43.70.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Ashley Noble, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-3736.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Ashley Noble, P.O. Box 47830, Olympia, WA 98504-7830, phone 360-236-3736, TTY 360-833-6388 or 711, email pchrules@doh.wa.gov.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The proposed rule would codify existing practices and not require any changes that would impact business practices or otherwise affect businesses in Washington state.
January 15, 2020
John Wiesman, DrPH, MPH
Secretary
Chapter 246-710 WAC
((COORDINATED CHILDREN'S SERVICES))CHILDREN AND YOUTH WITH SPECIAL HEALTH CARE NEEDS (CYSHCN) PROGRAM
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-001Declaration of purpose.
((The following rules implement RCW 43.20.140 and chapter 43.70 RCW. The state board of health may develop rules that are necessary to implement RCW 43.20A.635 authorizing the secretary of the department of health to administer a program of services for children with special health care needs.)) The purpose of the ((CSHCN))children and youth with special health care needs (CYSHCN) program is to ((develop, extend, and improve services and service systems for locating, diagnosing, and treating children with special health care needs within available resources))assure comprehensive, coordinated, integrated, family-centered, and culturally competent systems of care. The CYSHCN program focuses on developing, extending, and improving services and service systems for identifying, diagnosing, and treating infants, children, and youth up to eighteen years of age who have or are at risk of developing chronic physical, developmental, behavioral, or emotional conditions, or any combination thereof, and require health and related services of a type beyond what is required by children generally. The program works to ensure CYSHCN are able to achieve the healthiest lives possible and develop to their fullest potential by building the capacity of communities to support CYSHCN and their families while developing and enhancing the capacity of statewide systems of care that are comprehensive, coordinated, integrated, family-centered, community-based, and culturally appropriate with the purpose of supporting and promoting health equity.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-010Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Children and youth with special health care needs" or "CYSHCN" means children and youth up to eighteen years of age who have or are at increased risk of developing chronic physical, developmental, behavioral, or emotional conditions which require health and related services of a type or amount beyond that required by children generally.
(2) "Client" means ((an individual))a child or youth with special health care needs((, seventeen years of age or younger, who is being served by))who is receiving services from a local ((CSHCN))CYSHCN agency.
(((2) "Children with special health care needs" means children with disabilities or handicapping conditions; chronic illnesses or conditions; health related educational or behavioral problems; or children at risk of developing such disabilities, conditions, illnesses or problems.))
(3) (("CSHCN" means the children with special health care needs program))"CYSHCN program" means the program administered in the state of Washington by the department funded through the federal Title V Maternal Child Health block grant and other discretionary funding when available.
(4) "Department" means the Washington state department of health.
(5) "DX/TX funds" means diagnostic and treatment funds managed by the department that are used to pay for medically necessary services which are not covered by the HCA-medicaid program or other funding sources responsible and available for the care of a child or youth participating in the CYSHCN program.
(6) "Health care authority," "HCA," or "authority" means the state agency responsible for the administration of Washington state's medicaid program.
(7) "Local ((CSHCN))CYSHCN agency" means the local health jurisdiction or other ((agency locally administering the CSHCN))local agency designated by the department to administer the CYSHCN program for the county where the client resides ((in the state of Washington.
(6) "Service systems" means community-based systems of services such as primary and specialty medical services, early intervention, special education, and social and family support services for children with special health care needs and their families.
(7))).
(8) "Nonphysician provider" means any medical, behavioral, developmental or social support worker or organization that has been determined by the department to provide services for CYSHCN, that does not hold an allopathic or osteopathic physician's license.
(9) "Services" means health-related interventions((,)) including, but not limited to:
(a) Early identification((,));
(b) Referrals for additional screening and diagnostic services;
(c) Care coordination((,));
(d) Case management;
(e) Family support;
(f) Health education and life skills;
(g) Medical, ((surgical))habilitative and ((rehabilitation care,))rehabilitative services; and
(h) Equipment provided in ((hospitals, clinics, offices, and homes))the client's home or community setting by local ((CSHCN))CYSHCN agencies, physicians and ((other health care))nonphysician providers.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-030((Program limitations.))Scope and eligibility.
(((1) The department may reduce the scope of CSHCN services and impose or revise funding limitations on certain services when required for budgetary reasons to accommodate available funding.
(2) Financial eligibility for a client must be determined annually when health-related services and equipment are paid for with CSHCN funds. Financial eligibility will be determined according to national standards of living for low-income families such as federal poverty levels or state median income adjusted for family size. Financial eligibility is not entitlement to CSHCN services.))
(1) A child, youth, or family with a current address in Washington state is eligible for services if the child or youth is younger than eighteen years of age, and has one or more of the following:
(a) A disability or disabling condition(s);
(b) Chronic illness or condition(s);
(c) Health-related educational or behavioral condition(s); or
(d) A risk of developing disabilities, chronic conditions, or health-related educational and behavioral conditions.
For the purposes of subsection (1) of this section, length of stay in the state is not considered in determining residency.
(2) Financial eligibility is not considered in determining client eligibility for the CYSHCN program except as outlined in subsection (3) of this section regarding DX/TX funds.
(3) Some services may be covered for established clients who are eighteen to twenty-one years of age, provided that the service or treatment:
(a) Was previously planned as a continued stage of treatment required to achieve health goals;
(b) Was initiated before the client turned eighteen;
(c) Has a definable treatment course with a clear end point; and
(d) Will not be authorized after a client's twenty-first birthday.
(4) A client may, at the discretion of the department, be eligible for DX/TX funds if they meet either of the following:
(a) Eligible for medicaid without monthly premiums; or
(b) Have current eligibility approved by the HCA-medicaid program, or the women, infants, and children program.
(5) A client shall request and the department shall determine DX/TX financial eligibility annually.
(6) DX/TX funds are not an entitlement. DX/TX funds are subject to medical necessity review by the local CYSHCN agency and availability of funding. The department may reduce the scope of CYSHCN services and impose or revise funding limitations on certain services when required for any reason including, but not limited to, budgetary reasons.
(7) For the purposes of this section, "medical necessity" means services which are reasonably calculated to prevent, diagnose, correct, cure, alleviate, or prevent worsening of conditions that endanger life, cause suffering or pain, result in illness or infirmity, threaten to cause or aggravate a disability or health condition, for which there is no other equally effective, more conservative, or substantially less costly course of treatment available or suitable for the client. For the purposes of this definition, a course of treatment may include treatment, observation, or no treatment at all.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-050Authorization of ((services))diagnostic and treatment (DX/TX) funds.
((Authorization for))The department may authorize diagnostic and treatment services paid for with ((CSHCN))CYSHCN funds ((will be accomplished)) in accordance with the following:
(1) ((Financial eligibility for a client has been determined.
(2) A request for services to be paid for with CSHCN funds has been reviewed for consistency with program directions. Services must be recognized as an acceptable form of treatment by a significant portion of the professional community.
(3) No services will be authorized))The department shall make decisions about using DX/TX funds on a case-by-case basis. DX/TX funds are not intended for those items that are part of usual daily living expenses that are the responsibility of parents/caregivers. DX/TX funds are not entitlement funds and the local CYSHCN agency or the department may choose not to use those funds.
(2) The department may only make a decision about whether to pay for services with DX/TX funds once all of the following have been completed:
(a) Determination of financial eligibility for a client;
(b) Department receipt, review, and approval of a HSA form submitted electronically to the department by the local CYSHCN agency;
(c) Services must be recognized as an acceptable form of treatment by a significant portion of the professional community; and
(d) Determination by the department that the services are medically necessary.
(3) The department will not authorize payment for services for out-of-state providers if an equivalent service is available within the state of Washington. ((However, use of resources in bordering states will be authorized when appropriate.))If an equivalent service is not available in Washington state, services for out-of-state providers may be approved by the department on a case-by-case basis.
(4) For the purposes of this section, "Health Services Authorization form" or "HSA form" means an electronic form which must be completed by the local CYSHCN agency and submitted to the department for approval or denial in order to access DX/TX funds to pay for service, treatment, or equipment.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-060Qualifications of ((hospitals and)) providers.
((Providers of services paid for with CSHCN funds must meet the following minimum qualifications.
(1) Hospitals will be:
(a) Accredited by the joint commission on the accreditation of health care organizations; and
(b) Licensed in the state where the hospital is located.
(2)))The department shall determine the eligibility of qualified medical and nonmedical providers to receive payment out of DX/TX funds. A service may not be authorized for out-of-state providers if an equivalent service is available within the state of Washington. The department may authorize the use of resources in bordering states when appropriate. Providers of services paid for with DX/TX funds shall meet the following minimum qualifications:
(1) Physicians ((will be)), advanced registered nurse practitioners (ARNPs), and physician's assistants (PAs) must:
(a) ((Licensed to practice medicine in Washington, or other state))Hold an active license in the jurisdiction where they practice; ((and
(b) Board-certified or board-eligible by the appropriate specialty board.
(3) Providers other than physicians will be:
(a) Licensed or certified in Washington or in the state where they practice; or
(b) Accredited by the appropriate national professional organization when there is no state licensure or certification process.))
(b) Be licensed, certified, or registered with the appropriate state authority and in good standing in the jurisdiction where they practice;
(c) Have no record of disciplinary action taken on his or her license in the previous five years; and
(d) Not be listed in the federal exclusions database.
(2) All other health providers not listed in subsection (1) of this section must:
(a) Where state or territorial licensing or certification exists for the person's profession, be:
(i) Licensed, certified, or registered with the appropriate state authority and in good standing in the jurisdiction where they practice; and
(ii) Have no record of disciplinary action taken on his or her license or certification in the previous five years; or
(b) Where state or territorial licensing or certification does not exist for the person's profession, be:
(i) Accredited by the appropriate national professional organization; and
(ii) Have no record of discipline or misconduct related to that accreditation within the previous five years.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-070Provider diagnostic and treatment fund fees and payments.
(1) Payments to providers ((of services)) using ((CSHCN))DX/TX funds ((will))must be made using the current ((CSHCN))CYSHCN program standards and payment schedules, including the Washington state ((department of social and health services medical assistance administration))HCA-medicaid fee schedule and the ((CSHCN))CYSHCN program supplemental fee schedule.
(2) A provider ((will accept the fees paid under this section as full payment for))shall consider payment to have been made in full for the services rendered when accepting the fees paid under this section.
(3) A provider may not bill or in any way seek billing or payment from a client for any remaining balances, unless the local CYSHCN agency has arranged for such billing before services were provided.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-080Third-party resources.
((CSHCN is a secondary payer to all private and other public funded health programs. The department may pay for services with CSHCN funds only after payment by all entitlement programs and by all other private and public funding resources))The department shall be the payor of last resort to all private and other publicly funded health programs. The department may pay for services with DX/TX funds only after payment by all entitlement programs and all other private and public funding resources have been exhausted, except where prohibited by federal law.
AMENDATORY SECTION(Amending WSR 99-01-100, filed 12/17/98, effective 1/17/99)
WAC 246-710-090Repayment.
Repayment to the department from the provider, family or other source is required should insurance benefits, trusts, court-awarded damages or ((like))similar funds become available, and where payments have been made to the ((family))vendor or provider for services paid for by ((CSHCN))DX/TX funds. A provider shall provide repayment to the department for overpayment made for services paid out of DX/TX funds. In instances where repayment is required, the vendor or provider must refund the DX/TX payment to the local CYSHCN agency payable to the department which the local CYSHCN agency must transfer to the department.
NEW SECTION
WAC 246-710-100Neurodevelopmental centers (NDCs).
(1) For the purposes of this section, "neurodevelopmental center (NDC) of excellence" means a department-designated nonprofit agency, hospital, or other organization located in Washington state that provides multidisciplinary pediatric assessment and treatment services including outreach, evaluation, diagnosis, treatment planning, and specialized therapies to CYSHCN up to twenty-one years of age.
(2) NDCs provide evaluation, diagnosis, and coordinated therapies and may also, at the discretion of a child's primary care provider, refer for additional medical specialty consultation.
(3) NDCs may be designated by the department as neurodevelopmental centers of excellence. In order to be considered for NDC designation by the department, a NDC shall:
(a) Be licensed or capable of becoming licensed to do business in the state of Washington;
(b) Maintain a formal relationship with a designated medical director with specialized pediatric training; and
(c) Employ occupational therapists licensed under chapter 18.59 RCW, physical therapists licensed under chapter 18.74 RCW, and speech language pathologists licensed under chapter 18.35 RCW with pediatric training on staff.
NEW SECTION
WAC 246-710-110Data sharing.
(1) The department's CYSHCN program has a federal mandate under Title V of the Social Security Act (42 U.S.C. 701 et seq.) to ensure that the HCA-medicaid program is made aware of medicaid-enrolled recipients of services through Title V. The purpose of this mandate is to ensure the medicaid agency is able to identify a child or youth who has special health care needs in order for the authority to offer care coordination and other services.
(2) The department shall take appropriate measures to safeguard any information gathered, and shall share information with only those agencies with a legitimate need to know or to comply with federal law. Consent to share client information with agencies outside of the local CYSHCN agency requires a separate release of information form signed by the parent or guardian.
(3) The department may create and release data files for public use, provided that these files do not contain any direct or indirect patient identifiers.
(4) The following definitions apply for the purpose of this section:
(a) "Direct identifier" means a single data element that identifies an individual person.
(b) "Indirect identifier" means a single data element that on its own might not identify an individual person, but when combined with other indirect identifiers is likely to identify an individual person.