Original Notice.

Preproposal statement of inquiry was filed as WSR 00-21-020.

Title of Rule: Chapter 182-20 WAC, clarification and simplification of existing language.

Purpose: Clarification and simplification of existing language.

Statutory Authority for Adoption: Chapter 41.05 RCW.

Statute Being Implemented: RCW 41.05.220.

Summary: Amend chapter 182-20 WAC to include dental hygienists. Elimination of outdated funding formula language for the community health clinics funding under the community health services program.

Reasons Supporting Proposal: The revisions were a joint effort between the community clinics and the Health Care Authority/Community Health Services to clarify and simplify existing chapter 182-20 WAC for ease of use and understanding.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Blacksmith, Health Care Authority, 923-2755.

Name of Proponent: Health Care Authority, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amend chapter 182-20 WAC to include dental hygienists. Elimination of outdated funding formula language for the community health clinics funding under the community health services program.

     The revisions were a joint effort between the community clinics and the Health Care Authority/Community Health Services to clarify and simplify existing chapter 182-20 WAC for ease of use and understanding.

Proposal does not change existing rules. Amend chapter 182-20 WAC to include dental hygienists. Elimination of outdated funding formula language for the community health clinics funding under the community health services program.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required. The Joint Administrative Rules Review Committee has not requested the filing of a small business economic impact statement, and there will be no costs to small businesses.

RCW 34.05.328 does not apply to this rule adoption. RCW 34.05.328 does not apply to Health Care Authority (HCA) rules unless requested by the Joint Administrative Rules Review Committee or applied voluntarily by the HCA.

Hearing Location: Health Care Authority, 4th Floor, Puget Conference Room, 676 Woodland Square Loop S.E., Building [B], Lacey, WA, on January 11, 2001, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Nikki Johnson, TDD 1-888-923-5622 or (360) 923-2805.

Submit Written Comments to: Bob Blacksmith, Community Health Services, 676 Woodland Square Loop S.E., Building B, Olympia, WA 98504-2721, fax (360) 923-2614, by January 11, 2001.

Date of Intended Adoption: February 7, 2001.

December 6, 2000

Melodie H. Bankers

Rules Coordinator

OTS-4354.1

AMENDATORY SECTION(Amending WSR 95-12-010, filed 5/26/95, effective 6/26/95)

WAC 182-20-001   Purpose.   The purpose of this chapter is to establish procedures at the Washington state health care authority for determining eligibility and distribution of funds for medical, dental, and migrant services to community health clinics under section 214(3), chapter 19, Laws of 1989 1st ex. sess., including other state general fund appropriations for medical, dental, and migrant services in community health clinics since 1985.

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-001, filed 5/26/95, effective 6/26/95.]

     (1) "Community health clinic" means a public or private nonprofit tax exempt corporation with the mission of providing primary health care to low income individuals at a charge based upon ability to pay.

     (2) "Authority" means the Washington state health care authority.

     (3) "Encounter" means a face-to-face contact between a patient and a health care provider exercising independent judgment, providing primary health care, and documenting the care in the individual's health record.

     (4) "Health care provider" means any person having direct or supervisory responsibility for the delivery of health care including:

     (a) Physicians under chapters 18.57 and 18.71 RCW;

     (b) Dentists under chapter 18.32 RCW;

     (c) Advanced registered nurse practitioner under chapter 18.88 RCW;

     (d) Physician's assistant under chapters 18.71A and 18.57A RCW;

     (e) Dental hygienist under chapter 18.29 RCW;

     (f) Licensed midwife under chapter 18.50 RCW;

     (g) Federal uniformed service personnel lawfully providing health care within Washington state.

     (5) "Low-income individual" means a person with income at or below two hundred percent of federal poverty level.      The poverty level has been established by Public Law 97-35 § 652 (codified at 42 USC 9847), § 673(2) (codified at 42 USC 9902 (2)) as amended; and the Poverty Income Guideline updated annually in the Federal Register.

     (6) "Primary health care" means comprehensive care that includes a basic level of preventive and therapeutic medical and/or dental care, usually delivered in an outpatient setting, and focused on improving and maintaining the individual's general health.

     (7) "Relative value unit" means a standard measure of performance based upon time to complete a clinical procedure.      The formula is one unit equals ten minutes.      A table is available from the authority stating the actual values.

     (8) "Administrator" means the administrator of the health care authority or the administrator's designee.

     (9) "User" means an individual having one or more primary health care encounters and counted only once during a calendar year.

     (10) "Contractor" means the community health clinic or other entity performing services funded by chapter 182-20 WAC, and shall include all employees of the contractor.

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-010, filed 5/26/95, effective 6/26/95.]

     (1) Developing criteria for the selection of community health clinics to receive funding;

     (2) Establishing statewide standards governing the granting of awards and assistance to community health clinics;

     (3) Disbursing funds appropriated for community health clinics only to those clinics meeting the criteria in WAC 182-20-160;

     (4) Distributing available state funds to community health clinics according to the following priority in the order listed:

     (a) First, to community health clinics that are private, nonprofit corporations classified exempt under Internal Revenue Service Rule 501 (c)(3) ((when)) and governed by a board of directors including representatives from the populations served;

     (b) Second, to local health jurisdictions with an organized primary health clinic or division;

     (c) Third, to private nonprofit or public hospitals with an organized primary health clinic or department.

     (5) Reviewing records and conducting on-site visits of contractors or applicants as necessary to assure compliance with these rules; and

     (6) Withholding funding from a contractor or applicant until such time as satisfactory evidence of corrective action is received and approved by the authority, if the authority determines:

     (a) Noncompliance with applicable state law or rule; or

     (b) Noncompliance with the contract; or

     (c) Failure to provide such records and data required by the authority to establish compliance with section 214(3), chapter 19, Laws of 1989 1st ex. sess., this chapter, and the contract; or

     (d) The contractor or applicant provided inaccurate information in the application.

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-100, filed 5/26/95, effective 6/26/95.]

     (1) Demonstrate private, nonprofit, tax exempt status incorporated in Washington state or public agency status under the jurisdiction of a local or county government;

     (2) Receive other funds from at least one of the following sources:

     (a) Section 329 of the Public Health Services Act;

     (b) Section 330 of the Public Health Services Act;

     (c) Community development block grant funds;

     (d) Title V Urban Indian Health Service funds; or

     (e) Other public or private funds providing the clinic demonstrates:

     (i) Fifty-one percent of total clinic population are low income;

     (ii) Fifty-one percent or greater of funds come from sources other than programs under WAC 182-20-160;

     (3) Operate as a community health clinic providing primary health care for at least eighteen months prior to applying for funding;

     (4) Provide primary health care services with:

     (a) Twenty-four-hour coverage of the clinic including provision or arrangement for medical and/or dental services after clinic hours;

     (b) Direct clinical services provided by one or more of the following:

     (i) Physician licensed under chapters 18.57 and 18.71 RCW;

     (ii) Physician's assistant licensed under chapters 18.71A and 18.57A RCW;

     (iii) Advanced registered nurse practitioner under chapter 18.88 RCW;

     (iv) Dentist under chapter 18.32 RCW;

     (v) Dental hygienist under chapter 18.29 RCW;

     (c) Provision or arrangement for services as follows:

     (i) Preventive health services on-site or elsewhere including:

     (A) Eye and ear examinations for children;

     (B) Perinatal services;

     (C) Well-child services; and

     (D) Family planning services;

     (ii) Diagnostic and treatment services of physicians and where feasible a physician's assistant and/or advanced registered nurse practitioner, on-site;

     (iii) Services of a dental professional licensed under Title 18 RCW on-site or elsewhere;

     (iv) Diagnostic laboratory and radiological services on-site or elsewhere;

     (v) Emergency medical services on-site or elsewhere;

     (vi) Arrangements for transportation services;

     (vii) Preventive dental services on-site or elsewhere; and

     (viii) Pharmaceutical services, as appropriate, on-site or elsewhere;

     (5) Demonstrate eligibility to receive and receipt of reimbursement from:

     (a) Public insurance programs; and

     (b) Public assistant programs, where feasible and possible;

     (6) Have established ((a)) for at least eighteen months an operating sliding scale fee schedule for adjustment of charges, based upon the individual's ability to pay for low-income individuals;

     (7) Provide health care regardless of the individual's ability to pay; and

     (8) Establish policies and procedures reflecting sensitivity to cultural and linguistic differences of individuals served and provide sufficient staff with the ability to communicate with the individuals.

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-160, filed 5/26/95, effective 6/26/95.]

     (1) Medical.

     (a) The authority may withhold appropriated funds as follows:

     (i) As specified under law or up to ten percent to provide funding for new contractors, special projects, and emergency needs:

     (A) With distribution of any remaining portion of this ten percent among contractors by ((April 1)) the end of each funding year;

     (B) Prorated according to the percentage of total medical contract funds distributed to each contractor;

     (ii) Up to ten percent for administration.

     (b) The remainder of the appropriated funds is referred to as the "medical base." The medical base means the total amount of money appropriated by the legislature for the medical program minus the amounts specified in (a)(i) and (ii) of this subsection.      The medical base is distributed to medical contractors based upon the following formulas:

     (i) ((The medical base is distributed to medical contractors based upon the following formula until June 30, 1995:

     (A) Forty percent of the medical base is distributed equally among all medical contractors;

     (B) Thirty percent of the medical base is distributed by the ratio of the contractor's primary health care (PHC) medical users divided by the total medical sliding fee users of all contractors as reported in the prior calendar year annual reports.

individual contractor's medical users
	X 30% medical base
total of all contractors' medical users

     (C) Thirty percent of the medical base is distributed by the ratio of the contractor's primary health care (PHC) medical encounters by the total number of medical encounters reported by all contractors as reported in the prior calendar year annual reports.

individual contractor's medical encounters
	X 30% medical base
total of all contractors' medical encounters

     (ii) Starting July 1, 1995, the medical base is distributed to medical contractors based upon the following formula:

     (A) Forty percent of the medical base is distributed equally among all medical contractors;

     (B) Sixty percent of the medical base is distributed by the ratio of the contractor's primary health care (PHC) medical sliding fee users divided by the total medical sliding fee users of all contractors as reported in the prior calendar year annual reports.

individual contractor's medical sliding fee users
	X 60% medical base
total of all contractors' medical sliding fee users

     (iii))) Starting July 1, 1996, the medical base is distributed to medical contractors based upon the following formula:

     (A) Forty percent of the medical base is distributed equally among all medical contractors;

     (B) Thirty percent of the medical base is distributed by the ratio of the contractor's primary health care (PHC) medical sliding fee users divided by the total medical sliding fee users of all contractors as reported in the prior calendar year annual reports.

individual contractor's medical sliding fee users
	X 30% medical base
total of all contractors' medical sliding fee users

     (C) Thirty percent of the medical base is distributed by the ratio of the contractor's primary health care (PHC) medical sliding fee encounters by the total number of medical sliding fee encounters reported by all contractors as reported in the prior calendar year annual reports.

individual contractor's medical sliding fee encounters
	X 30% medical base
total of all contractors' medical sliding fee encounters

     (2) Dental.

     (a) The authority may withhold appropriated funds as follows:

     (i) As specified under law or up to ten percent of appropriated funds to provide funding for new contractors, special projects, and emergency needs:

     (A) With distribution of any remaining portion of this ten percent among contractors by ((April 1)) the end of each funding year;

     (B) Prorated according to the percentage of total dental contract funds distributed to each contractor.

     (ii) Up to ten percent for administration.

     (b) The remainder of the funds is referred to as the dental base.      The dental base means the total amounts appropriated by the legislature for dental programs minus the amounts specified in (a)(i) and (ii) of this subsection and as follows:

     (i) ((The dental base is distributed to dental contractors based upon the following formula until June 30, 1995:

     (A) Forty percent of the dental base distributed equally among all dental contractors;

     (B) Thirty percent of the dental base distributed by the ratio of contractor primary health care (PHC) medical users divided by the total medical users of all contractors as reported in the prior calendar year annual reports.

individual contractor's medical users
	X 30% dental base
total of all contractors' users

     (C) Thirty percent of the dental base is distributed by the ratio of the contractor's relative value units (RVU) divided by the total relative value units of all contractors as reported in the prior calendar year annual reports.

individual contractor's RVU
	X 30% dental base
total of all contractors' RVU

     (ii) Starting July 1, 1995, the dental base is distributed to dental contractors based upon the following formula:

     (A) Forty percent of the dental base is distributed equally among all dental contractors;

     (B) Sixty percent of the dental base is distributed by the ratio of the contractor's primary health care (PHC) dental sliding fee users divided by the total dental sliding fee users of all contractors as reported in the prior calendar year annual reports.

individual contractor's dental sliding fee users
	X 60% dental base
total of all contractors' dental sliding fee users

     (iii))) Starting July 1, 1996, the dental base is distributed to dental contractors based upon the following formula:

     (A) Forty percent of the dental base is distributed equally among all dental contractors;

     (B) Thirty percent of the dental base is distributed by the ratio of the contractor's primary health care (PHC) dental sliding fee users divided by the total dental sliding fee users of all contractors as reported in the prior calendar year annual reports.

individual contractor's dental sliding fee users
	X 30% dental base
total of all contractors' dental sliding fee users

     (C) Thirty percent of the dental base is distributed by the ratio of the contractor's primary health care (PHC) dental sliding fee relative value units (RVU) divided by the total number of dental sliding fee relative value units (RVU) reported by all contractors as reported in the prior calendar year annual reports.

individual contractor's dental sliding fee RVUs
	X 30% dental base
total of all contractors' dental sliding fee RVUs

     (3) Migrant.

     (a) The authority may withhold appropriated funds as follows:

     (i) As specified under law or up to ten percent to provide funding for new contractors, special projects, and emergency needs:

     (A) With distribution of any remaining portion of this ten percent among contractors by ((April 1)) the end of each funding year;

     (B) Prorated according to the percentage of total migrant contract funds distributed to each contractor.

     (ii) Up to ten percent for administration.

     (b) The remainder of the appropriated funds is referred to as the "migrant base." The migrant base means the total amount of money appropriated by the legislature for the migrant program minus the amounts specified in (a)(i) and (ii) of this subsection.      The migrant base is distributed to migrant contractors based upon the following formula:

     The migrant base is distributed to migrant contractors based upon the following formula starting July 1, 1995: One hundred percent of the migrant base is distributed by the ratio of the contractor's primary health care (PHC) migrant users divided by the total migrant users of all contractors as reported in the prior calendar year annual reports.

individual contractor's migrant users
	X 100% migrant base
total of all contractors' migrant users

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-200, filed 5/26/95, effective 6/26/95.]

     (((1) Until June 30, 1995:

     (a) Any approved contractor shall initially receive no more than one hundred ten percent of that contractor's previous year's initial allotment.

     (b) Any approved contractor shall initially receive no less than ninety percent of that contractor's previous year's initial allotment.      In the event that funding is inadequate to provide ninety percent, criteria shall be established to equitably allocate the available funds.

     (c) Funds in excess of the initial allocation shall be distributed in a supplemental allotment pursuant to WAC 182-20-200.

     (2) Between July 1, 1995, and June 30, 1996:

     (a) Any approved contractor shall initially receive no more than one hundred twenty-five percent of that contractor's previous year's initial allotment.

     (b) Any approved contractor shall initially receive no less than eighty-five percent of that contractor's previous year's initial allotment.      In the event that funding is inadequate to provide eighty-five percent, criteria shall be established to equitably allocate the available funds.

     (c) Funds in excess of the initial allocation shall be distributed in a supplemental allotment pursuant to WAC 182-20-200.

     (3) Between July 1, 1996, and June 30, 1997:

     (a) Any approved contractor shall initially receive no more than one hundred twenty-five percent of that contractor's previous year's initial allotment.

     (b) Any approved contractor shall initially receive no less than eighty percent of that contractor's previous year's initial allotment.      In the event that funding is inadequate to provide eighty percent, criteria shall be established to equitably allocate the available funds.

     (c) Funds in excess of the initial allocation shall be distributed in a supplemental allotment pursuant to WAC 182-20-200.

     (4))) Starting July 1, 1997:

     (((a))) (1) Any approved contractor shall initially receive no more than one hundred twenty-five percent of that contractor's previous year's initial allotment.

     (((b))) (2) Any approved contractor shall initially receive no less than seventy-five percent of that contractor's previous year's initial allotment.      In the event that funding is inadequate to provide seventy-five percent, criteria shall be established to equitably allocate the available funds.

     (((c))) (3) Funds in excess of the initial allocation shall be distributed in a supplemental allotment pursuant to WAC 182-20-200.

[Statutory Authority: RCW 43.70.040.      95-12-010, § 182-20-400, filed 5/26/95, effective 6/26/95.]

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