H-3525              _______________________________________________

                                                   HOUSE BILL NO. 2410

                        _______________________________________________

                                                                            C 025 L 90

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Anderson, Wolfe, Prentice, Brooks, Locke, Scott, Miller, Wood, Wineberry and Brekke

Read first time 1/12/90 and referred to Committee on Health Care.

AN ACT Relating to extending hospice benefits to the end of the biennium; reenacting and amending RCW 74.09.520; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 5, chapter 30, Laws of 1967 ex. sess. as last amended by section 3, chapter 400, Laws of 1989 and by section 10, chapter 427, Laws of 1989 and RCW 74.09.520 are each reenacted and amended to read as follows:

          (1) The term "medical assistance" may include the following care and services:  (a) Inpatient hospital services; (b) outpatient hospital services; (c) other laboratory and x-ray services; (d) skilled nursing home services; (e) physicians' services, which shall include prescribed medication and instruction on birth control devices; (f) medical care, or any other type of remedial care as may be established by the secretary; (g) home health care services; (h) private duty nursing services; (i) dental services; (j) physical therapy and related services; (k) prescribed drugs, dentures, and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select; (l) personal care services, as provided in this section; (m) hospice services; (n) other diagnostic, screening, preventive, and rehabilitative services; and (o) like services when furnished to a handicapped child by a school district as part of an individualized education program established pursuant to chapter 28A.13 RCW.  For the purposes of this section, the department may not cut off any prescription medications, oxygen supplies, respiratory services, or other life-sustaining medical services or supplies.

          "Medical assistance," notwithstanding any other provision of law, shall not include routine foot care, or dental services delivered by any health care provider, that are not mandated by Title XIX of the social security act unless there is a specific appropriation for these services.  Services included in an individualized education program for a handicapped child under chapter 28A.13 RCW shall not qualify as medical assistance prior to the implementation of the funding process developed under RCW 74.09.524.

          (2) The department shall amend the state plan for medical assistance under Title XIX of the federal social security act to include personal care services, as defined in 42 C.F.R. 440.170(f), in the categorically needy program.

          (3) The department shall adopt, amend, or rescind such administrative rules as are necessary to ensure that Title XIX personal care services are provided to eligible persons in conformance with federal regulations.

          (a) These administrative rules shall include financial eligibility indexed according to the requirements of the social security act providing for medicaid eligibility.

          (b) The rules shall require clients be assessed as having a medical condition requiring assistance with personal care tasks.  Plans of care must be approved by a physician and reviewed by a nurse every ninety days.

          (4) The department shall design and implement a means to assess the level of functional disability of persons eligible for personal care services under this section.  The personal care services benefit shall be provided to the extent funding is available according to the assessed level of functional disability.  Any reductions in services made necessary for funding reasons should be accomplished in a manner that assures that priority for maintaining services is given to persons with the greatest need as determined by the assessment of functional disability.

          (5) The department shall report to the appropriate fiscal committees of the legislature on the utilization and associated costs of the personal care option under Title XIX of the federal social security act, as defined in 42 C.F.R. 440.170(f), in the categorically needy program.  This report shall be submitted by January 1, 1990, and submitted on a yearly basis thereafter.

          (6) Effective July 1, 1989, the department shall offer hospice services in accordance with available funds.  The department shall provide a complete accounting of the costs of providing hospice services under this section by December 20, ((1989)) 1990.  The report shall include an assessment of cost savings which may result by providing hospice to persons who otherwise would use hospitals, nursing homes, or more expensive care.  The hospice benefit under this section shall terminate on ((April 1, 1990)) June 30, 1991, unless extended by the legislature.

NEW SECTION. Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                        Passed the House February 9, 1990.

                                                                                                                                         Speaker of the House.

                                                                                                                      Passed the Senate February 26, 1990.

                                                                                                                                       President of the Senate.