WSR 20-04-088
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed February 5, 2020, 8:30 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 20-01-164.
Title of Rule and Other Identifying Information: WAC 182-535-1098 CoveredAdjunctive general services, and 182-535-1350 Payment methodology for dental-related services.
Hearing Location(s): On March 10, 2020, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, 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 https://www.hca.wa.gov/assets/program/Driving-parking-checkin-instructions.pdf or directions can be obtained by calling 360-725-1000.
Date of Intended Adoption: Not sooner than March 11, 2020.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by March 10, 2020.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication relay services 711, email amber.lougheed@hca.wa.gov, by February 28, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending these rules to align with recent dental prescription policy changes for dental services for clients enrolled in an agency-contracted managed care organization (MCO). Beginning in January 2020, these charges became the responsibility of the client's MCO.
Reasons Supporting Proposal: See purpose.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Valerie Freudenstein, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1344; Implementation and Enforcement: Pixie Needham, P.O. Box 45506, Olympia, WA 98504-5506, 360-725-9967.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
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 does not impose any additional costs on businesses.
February 5, 2020
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 19-09-058, filed 4/15/19, effective 7/1/19)
WAC 182-535-1098CoveredAdjunctive general services.
Clients described in WAC 182-535-1060 are eligible to receive the adjunctive general services listed in this section, subject to coverage limitations, restrictions, and client-age requirements identified for a specific service.
(1) Adjunctive general services. The medicaid agency:
(a) Covers palliative (emergency) treatment, not to include pupal debridement (see WAC 182-535-1086 (2)(b)), for treatment of dental pain, limited to once per day, per client, as follows:
(i) The treatment must occur during limited evaluation appointments;
(ii) A comprehensive description of the diagnosis and services provided must be documented in the client's record; and
(iii) Appropriate radiographs must be in the client's record supporting the medical necessity of the treatment.
(b) Covers local anesthesia and regional blocks as part of the global fee for any procedure being provided to clients.
(c) Covers office-based deep sedation/general anesthesia services:
(i) For all eligible clients age eight and younger and clients any age of the developmental disabilities administration of the department of social and health services (DSHS). Documentation supporting the medical necessity of the anesthesia service must be in the client's record.
(ii) For clients age nine through twenty on a case-by-case basis and when prior authorized, except for oral surgery services. For oral surgery services listed in WAC 182-535-1094 (1)(f) through (m) and clients with cleft palate diagnoses, the agency does not require prior authorization for deep sedation/general anesthesia services ((do not require prior authorization)).
(iii) For clients age twenty-one and older when prior authorized. The agency considers these services for only those clients:
(A) With medical conditions such as tremors, seizures, or asthma;
(B) Whose records contain documentation of tried and failed treatment under local anesthesia or other less costly sedation alternatives due to behavioral health conditions; or
(C) With other conditions for which general anesthesia is medically necessary, as defined in WAC 182-500-0070.
(d) Covers office-based intravenous moderate (conscious) sedation/analgesia:
(i) For any dental service for clients age twenty and younger, and for clients any age of the developmental disabilities administration of DSHS. Documentation supporting the medical necessity of the service must be in the client's record.
(ii) For clients age twenty-one and older when prior authorized. The agency considers these services for only those clients:
(A) With medical conditions such as tremors, seizures, or asthma;
(B) Whose records contain documentation of tried and failed treatment under local anesthesia, or other less costly sedation alternatives due to behavioral health conditions; or
(C) With other conditions for which general anesthesia or conscious sedation is medically necessary, as defined in WAC 182-500-0070.
(e) Covers office-based nonintravenous conscious sedation:
(i) For any dental service for clients age twenty and younger, and for clients any age of the developmental disabilities administration of DSHS. Documentation supporting the medical necessity of the service must be in the client's record.
(ii) For clients age twenty-one and older, only when prior authorized.
(f) Requires providers to bill anesthesia services using the current dental terminology (CDT) codes listed in the agency's current published billing instructions.
(g) Requires providers to have a current anesthesia permit on file with the agency.
(h) Covers administration of nitrous oxide once per day, per client per provider.
(i) Requires providers of oral or parenteral conscious sedation, deep sedation, or general anesthesia to meet:
(i) The prevailing standard of care;
(ii) The provider's professional organizational guidelines;
(iii) The requirements in chapter 246-817 WAC; and
(iv) Relevant department of health (DOH) medical, dental, or nursing anesthesia regulations.
(j) Pays for dental anesthesia services according to WAC 182-535-1350.
(k) Covers professional consultation/diagnostic services as follows:
(i) A dentist or a physician other than the practitioner providing treatment must provide the services; and
(ii) A client must be referred by the agency for the services to be covered.
(2) Professional visits. The agency covers:
(a) Up to two house/extended care facility calls (visits) per facility, per provider. The agency limits payment to two facilities per day, per provider.
(b) One hospital visit, including emergency care, per day, per provider, per client, and not in combination with a surgical code unless the decision for surgery is a result of the visit.
(c) Emergency office visits after regularly scheduled hours. The agency limits payment to one emergency visit per day, per client, per provider.
(3) Drugs and medicaments (pharmaceuticals).
(a) The agency covers oral sedation medications only when prescribed and the prescription is filled at a pharmacy. The agency does not cover oral sedation medications that are dispensed in the provider's office for home use.
(b) The agency covers therapeutic parenteral drugs as follows:
(i) Includes antibiotics, steroids, anti-inflammatory drugs, or other therapeutic medications. This does not include sedative, anesthetic, or reversal agents.
(ii) Only one single-drug injection or one multiple-drug injection per date of service.
(c) For clients age twenty and younger, the agency covers other drugs and medicaments dispensed in the provider's office for home use. This includes, but is not limited to, oral antibiotics and oral analgesics. The agency does not cover the time spent writing prescriptions.
(d) For clients enrolled in an agency-contracted managed care organization (MCO), the client's MCO pays for dental prescriptions.
(4) Miscellaneous services. The agency covers:
(a) Behavior management provided by a dental provider or clinic. The agency does not cover assistance with managing a client's behavior provided by a dental provider or staff member delivering the client's dental treatment.
(i) Documentation supporting the need for behavior management must be in the client's record and including the following:
(A) A description of the behavior to be managed;
(B) The behavior management technique used; and
(C) The identity of the additional professional staff used to provide the behavior management.
(ii) Clients, who meet one of the following criteria and whose documented behavior requires the assistance of one additional professional staff employed by the dental provider or clinic to protect the client and the professional staff from injury while treatment is rendered, may receive behavior management:
(A) Clients age eight and younger;
(B) Clients age nine through twenty, only on a case-by-case basis and when prior authorized;
(C) Clients any age of the developmental disabilities administration of DSHS;
(D) Clients diagnosed with autism;
(E) Clients who reside in an alternate living facility (ALF) as defined in WAC 182-513-1301, or in a nursing facility as defined in WAC 182-500-0075.
(iii) Behavior management can be performed in the following settings:
(A) Clinics (including independent clinics, tribal health clinics, federally qualified health centers, rural health clinics, and public health clinics);
(B) Offices;
(C) Homes (including private homes and group homes); and
(D) Facilities (including nursing facilities and alternate living facilities).
(b) Treatment of post-surgical complications (e.g., dry socket). Documentation supporting the medical necessity of the service must be in the client's record.
(c) Occlusal guards when medically necessary and prior authorized. (Refer to WAC 182-535-1094(3) for occlusal orthotic device coverage and coverage limitations.) The agency covers:
(i) An occlusal guard only for clients age twelve through twenty when the client has permanent dentition; and
(ii) An occlusal guard only as a laboratory processed full arch appliance.
(5) Nonclinical procedures.
(a) The agency covers teledentistry according to the department of health, health systems quality assurance office of health professions, current guidelines, appropriate use of teledentistry, and as follows (see WAC 182-531-1730 for coverage limitations not listed in this section):
(i) Synchronous teledentistry at the distant site for clients of all ages; and
(ii) Asynchronous teledentistry at the distant site for clients of all ages.
(b) The client's record must include the following supporting documentation regarding teledentistry:
(i) Service provided via teledentistry;
(ii) Location of the client;
(iii) Location of the provider; and
(iv) Names and credentials of all persons involved in the teledentistry visit and their role in providing the service at both the originating and distant sites.
AMENDATORY SECTION(Amending WSR 14-08-032, filed 3/25/14, effective 4/30/14)
WAC 182-535-1350Payment methodology for dental-related services.
The agency uses the description of dental services described in the American Dental Association's Current Dental Terminology (CDT), and the American Medical Association's Physician's Current Procedural Terminology (CPT).
(1) For covered dental-related services provided to eligible clients, the agency pays dentists and other eligible providers on a fee-for-service or contractual basis, subject to the exceptions and restrictions listed under WAC 182-535-1100 and 182-535-1400.
(2) The agency sets maximum allowable fees for dental services as follows:
(a) The agency's historical reimbursement rates for various procedures are compared to usual and customary charges.
(b) The agency consults with representatives of the provider community to identify program areas and concerns that need to be addressed.
(c) The agency consults with dental experts and public health professionals to identify and prioritize dental services and procedures for their effectiveness in improving or promoting dental health.
(d) Legislatively authorized vendor rate increases and/or earmarked appropriations for dental services are allocated to specific procedures based on the priorities identified in (c) of this subsection and considerations of access to services.
(e) Larger percentage increases may be given to those procedures which have been identified as most effective in improving or promoting dental health.
(f) Budget-neutral rate adjustments are made as appropriate based on the agency's evaluation of utilization trends, effectiveness of interventions, and access issues.
(3) The agency pays eligible fee-for-service providers listed in WAC 182-535-1070 for conscious sedation with parenteral and multiple oral agents, or for general anesthesia when the provider meets the criteria in this chapter and other applicable WAC. For clients enrolled in an agency-contracted managed care organization (MCO), the client's MCO pays for dental prescriptions.
(4) Dental hygienists who have a contract with the agency are paid at the same rate as dentists who have a contract with the agency, for services allowed under the Dental Hygienist Practice Act.
(5) Licensed denturists who have a contract with the agency are paid at the same rate as dentists who have a contract with the agency, for providing dentures and partials.
(6) The agency makes fee schedule changes whenever the legislature authorizes vendor rate increases or decreases.
(7) The agency may adjust maximum allowable fees to reflect changes in services or procedure code descriptions.
(8) The agency does not pay separately for chart or record setup, or for completion of reports, forms, or charting. The fees for these services are included in the agency's reimbursement for comprehensive oral evaluations or limited oral evaluations.