WSR 23-01-013
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed December 8, 2022, 10:06 a.m., effective January 8, 2023]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The agency amended WAC 182-550-3830 to align with ESSB 5693 by extending the rate for an additional year and added language for an additional increased rate for providers who take single bed certifications. Language was also updated for readability.
Citation of Rules Affected by this Order: Amending WAC 182-550-3830.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Other authority: ESSB 5693, section 211(52), chapter 297, Laws of 2022.
Adopted under notice filed as WSR 22-22-051 on October 27, 2022.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 8, 2022.
Wendy Barcus
Rules Coordinator
OTS-4151.1
AMENDATORY SECTION(Amending WSR 22-03-008, filed 1/6/22, effective 2/6/22)
WAC 182-550-3830Adjustments to inpatient rates.
(1) The medicaid agency updates all of the following components of a hospital's specific diagnosis-related group (DRG) factor and per diem rates at rebase:
(a) Wage index adjustment;
(b) Direct graduate medical education (DGME); and
(c) Indirect medical education (IME).
(2) Effective January 1, 2015, the agency updates the sole community hospital adjustment.
(3) The agency does not update the statewide average DRG factor between rebasing periods, except:
(a) To satisfy the budget neutrality conditions in WAC 182-550-3850; and
(b) When directed by the legislature.
(4) The agency updates the wage index to reflect current labor costs in the core-based statistical area (CBSA) where a hospital is located. The agency:
(a) Determines the labor portion by multiplying the base factor or rate by the labor factor established by medicare; then
(b) Multiplies the amount in (a) of this subsection by the most recent wage index information published by the Centers for Medicare and Medicaid Services (CMS) when the rates are set; then
(c) Adds the nonlabor portion of the base rate to the amount in (b) of this subsection to produce a hospital-specific wage adjusted factor.
(5) DGME. The agency obtains DGME information from the hospital's most recently filed medicare cost report that is available in the CMS health care cost report information system (HCRIS) dataset.
(a) The hospital's medicare cost report must cover a period of ((twelve))12 consecutive months in its medicare cost report year.
(b) If a hospital's medicare cost report is not available on HCRIS, the agency may use the CMS Form 2552-10 to calculate DGME.
(c) If a hospital has not submitted a CMS medicare cost report in more than ((eighteen))18 months from the end of the hospital's cost reporting period, the agency considers the current DGME costs to be zero.
(d) The agency calculates the hospital-specific DGME by dividing the DGME cost reported on worksheet B, part 1 of the CMS cost report by the adjusted total costs from the CMS cost report.
(6) IME. The agency sets the IME adjustment equal to the "IME adjustment factor for Operating PPS" available in the most recent CMS final rule impact file on CMS's website as of May 1st of the rate-setting year.
(7) ((The agency considers an in-state hospital to qualify for a rate enhancement if all of the following conditions apply. The hospital must:
(a)))Sole community hospitals.
(a) For sole community hospitals' rate enhancements, the agency multiplies an in-state hospital's specific conversion factor and per diem rates by a multiplier if the hospital meets all the following criteria per RCW 74.09.5225:
(i) Be certified by CMS as a sole community hospital as of January 1, 2013;
(((b)))(ii) Have a level III adult trauma service designation from the Washington state department of health (DOH) as of January 1, 2014;
(((c)))(iii) Have less than ((one hundred fifty))150 acute care licensed beds in fiscal year 2011;
(((d)))(iv) Be owned and operated by the state or a political subdivision; and
(((e)))(v) Not participate in the certified public expenditures (CPE) payment program defined in WAC 182-550-4650((; and
(f) Accept single bed certification patients as of July 1, 2021, according to RCW 71.05.745.
(8) If an in-state hospital qualifies for the rate enhancement in subsection (7) of this section, effective:
(a) January 1, 2015, through June 30, 2018, the agency multiplies the hospital's specific conversion factor and per diem rates by 1.25.
(b) July 1, 2018, through June 30, 2023, the agency multiplies the hospital's specific conversion factor and per diem rates by 1.50.
(c) July 1, 2023, the agency multiplies the hospital's specific conversion factor and per diem rates by 1.25)).
(b) As of July 1, 2021, an additional increase is applied for hospitals that accept single bed certifications per RCW 71.05.745.
Enhancement Multiplier by Year
Provider Category
Effective For the Dates
07/01/2015 - 06/30/2020
07/01/2020 - 06/30/2021
07/01/2021 - 06/30/2022
07/01/2022 - 06/30/2023
Sole community hospital
1.25
1.5
N/A
1.25
Sole community hospital accepting single bed certifications
N/A
N/A
1.5
1.5