WSR 24-21-166
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed October 23, 2024, 10:00 a.m., effective November 23, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority (agency) amended WAC 182-550-5130 to remove subsections (5) and (6). The agency does not distribute any state funded grants for the institution for mental diseases disproportionate share hospital; there is no state money allocated to the institution for mental diseases. The agency repealed WAC 182-550-5210, 182-550-5220, and 182-550-5380; old information, the programs have not been funded by the legislature for over 10 years.
Citation of Rules Affected by this Order: Repealing WAC 182-550-5210, 182-550-5220 and 182-550-5380; and amending WAC 182-550-5130.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Adopted under notice filed as WSR 24-19-090 on September 17, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 3.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 3.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 3.
Date Adopted: October 23, 2024.
Wendy Barcus
Rules Coordinator
OTS-5665.1
AMENDATORY SECTION(Amending WSR 15-18-065, filed 8/27/15, effective 9/27/15)
WAC 182-550-5130Payment methodInstitution for mental diseases disproportionate share hospital (IMDDSH) and institution for mental diseases (IMD) state grants.
(1) A psychiatric hospital owned and operated by the state of Washington is eligible to receive payments under the institution for mental diseases disproportionate share hospital (IMDDSH) program.
(2) For the purposes of the IMDDSH program, the following definitions apply:
(a) "Institution for mental diseases (IMD)" means a hospital, nursing facility, or other institution of more than ((sixteen))16 beds, that is primarily engaged in providing diagnosis, treatment, or care of people with mental diseases, including medical attention, nursing care, and related services.
(b) "Psychiatric community hospital" means a psychiatric hospital other than a state-owned and operated hospital.
(c) "Psychiatric hospital" means an institution which is primarily engaged in providing psychiatric services for the diagnosis and treatment of mentally ill people. The term applies to a medicare-certified distinct psychiatric care unit, a medicare-certified psychiatric hospital, or a state-designated pediatric distinct psychiatric unit in a medicare-certified acute care hospital.
(d) "State-owned and operated psychiatric hospital" means eastern state hospital and western state hospital.
(3) Except as provided in subsection (4) of this section, a psychiatric community hospital, regardless of location, is not eligible to receive:
(a) IMDDSH payments; or
(b) Any other disproportionate share hospital (DSH) payment from the medicaid agency. See WAC 182-550-4800 regarding payment for psychiatric claims for clients eligible under the medical care services programs.
(4) A psychiatric community hospital within the state of Washington that is designated by the agency as an IMD is eligible to receive IMDDSH payment if:
(a) IMDDSH funds remain available after the amounts appropriated for state-owned and operated psychiatric hospitals are exhausted; and
(b) The legislature provides funds specifically for this purpose.
(5) ((A psychiatric community hospital within the state of Washington that is designated by the agency as an IMD is eligible to receive a state grant amount from the agency if the legislature appropriates funds specifically for this purpose.
(6) An institution for mental diseases located out-of-state, including an IMD located in a designated bordering city, is not eligible to receive a Washington state grant amount.
(7))) Under federal law, 42 U.S.C. 1396r-4 (h)(2), the state's annual IMDDSH expenditures are capped at ((thirty-three))33 percent of the state's annual statewide DSH cap. This amount represents the maximum that the state can spend in any given fiscal year on IMDDSH, but the state is under no obligation to actually spend that amount.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 182-550-5210
Payment methodSmall rural indigent assistance disproportionate share hospital (SRIADSH).
WAC 182-550-5220
Payment methodNonrural indigent assistance disproportionate share hospital (NRIADSH).
WAC 182-550-5380
Payment methodSole community disproportionate share hospital (SCDSH).