WSR 08-19-041



(Health and Recovery Services Administration)

[ Filed September 11, 2008, 9:45 a.m. , effective September 12, 2008 ]

Effective Date of Rule: September 12, 2008.

Purpose: The department recently reorganized and updated chapter 388-544 WAC, Vision care. The permanent rule was filed on June 24, 2008, under WSR 08-14-052. In the newly revised rule, a new section (WAC 388-544-0575 Noncovered vision) was created to replace the repealed WAC 388-544-0475 Noncovered vision. When the permanent rule was filed, the department inadvertently missed listing WAC 388-544-0475 as repealed. This emergency is necessary so that two duplicate noncovered sections do not exist.

Citation of Existing Rules Affected by this Order: Amending WAC 388-544-0475.

Statutory Authority for Adoption: RCW 74.08.090.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: To bring the department into compliance with state law (Administrative Procedure Act). This emergency continues the emergency rule that is currently in effect under WSR 08-11-048 while the department completes the permanent rule process to repeal this section. The department held a public hearing for the proposed permanent repeal of the rule (WSR 08-15-086) on August 26, 2008, and is preparing to immediately file the permanent rule adoption order.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 1.

Date Adopted: September 3, 2008.

Stephanie E. Schiller

Rules Coordinator

AMENDATORY SECTION(Amending WSR 05-13-038, filed 6/6/05, effective 7/7/05)

WAC 388-544-0475   Vision care -- Noncovered services, eyeglasses, and contact lenses.   ((The medical assistance administration (MAA) does not cover the following:

(1) Executive style eyeglass lenses;

(2) Bifocal contact lenses;

(3) Daily and two week disposable contact lenses;

(4) Extended wear soft contact lenses, except when used as therapeutic contact bandage lenses or for aphakic clients;

(5) Services for cosmetic purposes only;

(6) Glass lenses including those that darken when exposed to light;

(7) Group vision screening for eyeglasses;

(8) Nonglare or anti-reflective lenses;

(9) Orthoptics and visual training therapy;

(10) Progressive lenses;

(11) Refractive surgery of any type that changes the eye's refractive error. The intent of the refractive surgery procedure is to reduce or eliminate the need for eyeglass or contact lens corrections. This does not include intraocular lens implantation following cataract surgery.

(12) Sunglasses and accessories that function as sunglasses (e.g., "clip-ons");

(13) Upgrades at private expense to avoid MAA's contract limitations (e.g., frames that are not available through MAA's contract or noncontract frames or lenses for which the client or other person pays the difference between MAA's payment and the total cost))) Reserved.

[Statutory Authority: RCW 74.08.090, 74.09.510, 74.09.520 and 42 C.F.R. 440.120 and 440.225. 05-13-038, 388-544-0475, filed 6/6/05, effective 7/7/05.]

Washington State Code Reviser's Office