Effective Date of Rule: January 1, 2011.

     Purpose: Upon order of the governor, the medicaid purchasing administration (MPA) must reduce its budget expenditures for the current fiscal year ending June 30, 2011, by 6.3%. To achieve this expenditure reduction, MPA is eliminating the following optional medical service(s): Nonemergency dental and dental-related services for clients age twenty-one and older.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-535-1247, 388-535-1255, 388-535-1257, 388-535-1259, 388-535-1261, 388-535-1263, 388-535-1266, 388-535-1267, 388-535-1269, 388-535-1271 and 388-535-1280; and amending WAC 388-535-1060, 388-535-1065, 388-535-1084, 388-535-1090, 388-535-1099, 388-535-1100, 388-535-1350, 388-535-1400, 388-535-1450, 388-535-1500, and 388-535-1550.

     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; that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule; and that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal years 2009, 2010, or 2011, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: Governor Gregoire issued Executive Order 10-04 on September 13, 2010, under the authority of RCW 43.88.110(7). In the executive order, the governor required DSHS and all other state agencies to reduce their expenditures in state fiscal year 2011 by approximately 6.3%. As a consequence of the executive order, funding will no longer be available as of January 1, 2011, for the benefits that are being eliminated as part of these regulatory amendments. Delaying the adoption of these cuts to optional services could jeopardize the state's ability to maintain the mandatory medicaid programs for the majority of DSHS clients.

     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 11, Repealed 11.

     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 11, Repealed 11.

     Date Adopted: December 23, 2010.

Katherine I. Vasquez

Rules Coordinator

     (1) ((Children eligible for the)) Dental-related services are available to a client age twenty years or younger who is eligible for services under one of the following medical assistance programs:

     (a) Categorically needy program (CN or CNP);

     (b) Categorically needy program - children's health insurance program (CNP-CHIP); ((and))

     (c) ((Limited casualty program - )) Medically needy program (((LCP-MNP))) (MNP); or

     (d) Disability lifeline (formerly general assistance-unemployable (GAU) or alcohol and drug abuse treatment and support act (ADATSA).

     (2) ((Adults eligible for the:

     (a) Categorically needy program (CN or CNP); and

     (b) Limited casualty program - medically needy program (LCP-MNP).

     (3) Clients eligible for medical care services under the following state-funded only programs are eligible only for the limited dental-related services described in WAC 388-535-1065:

     (a) General assistance - Unemployable (GA-U); and

     (b) General assistance - Alcohol and Drug Abuse Treatment and Support Act (ADATSA) (GA-W).

     (4))) (2) Eligible clients who are enrolled in a department-contracted managed care ((plan)) organization are eligible ((for medical assistance administration (MAA)-covered dental services that are not covered by their plan,)) under fee-for-service for covered services that are not covered by their plan, subject to the provisions of ((chapter 388-535 WAC and)) other applicable ((WAC)) department rules.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-077, § 388-535-1060, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1060, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1060, filed 3/10/99, effective 4/10/99.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 07-17-107, filed 8/17/07, effective 9/17/07)

WAC 388-535-1065   Coverage limits for dental-related services provided under the ((GA-U)) disability lifeline and ADATSA programs.   This section applies only to clients who are twenty years of age and younger and eligible under the disability lifeline program (formerly general assistance-unemployable (GA-U)) and alcohol and drug abuse treatment and support act (ADATSA).

     (1) ((Clients who receive medical care services under the following programs may receive the dental-related services described in this section:

     (a) General assistance unemployable (GA-U); and

     (b) Alcohol and drug abuse treatment and support act (ADATSA).

     (2))) The department covers the following dental-related services for a client ((eligible under the GA-U)) who is twenty years of age or younger and eligible under the disability lifeline or ADATSA program:

     (a) Services provided only as part of dental treatment for:

     (i) Limited oral evaluation;

     (ii) Periapical or bite-wing radiographs that are medically necessary to diagnose only the client's chief complaint;

     (iii) Palliative treatment to relieve dental pain;

     (iv) Pulpal debridement to relieve dental pain; or

     (v) Endodontic (root canal only) treatment for maxillary and mandibular anterior teeth (cuspids and incisors) when prior authorized(())).

     (b) Tooth extraction when at least one of the following apply:

     (i) The tooth has a radiograph apical lesion;

     (ii) The tooth is endodontically involved, infected, or abscessed;

     (iii) The tooth is not restorable; or

     (iv) The tooth is not periodontally stable.

     (((3))) (2) Tooth extractions require prior authorization when:

     (i) The extraction of a tooth or teeth results in the client becoming edentulous in the maxillary arch or mandibular arch; and

     (ii) A full mouth extraction is necessary because of radiation therapy for cancer of the head and neck.

     (((4))) (3) Each dental-related procedure described under this section is subject to the coverage limitations listed in chapter 388-535 WAC.

     (((5))) (4) The department does not cover any dental-related services not listed in this section for ((clients eligible under the GA-U or ADATSA program)) a disability lifeline client or an ADATSA client who is twenty-one years of age or older, including any type of removable prosthesis (denture).

[Statutory Authority: RCW 74.04.050, 74.08.090. 07-17-107, § 388-535-1065, filed 8/17/07, effective 9/17/07. Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520. 07-06-041, § 388-535-1065, filed 3/1/07, effective 4/1/07. Statutory Authority: RCW 74.04.050, 74.04.057, and 74.09.530. 04-14-100, § 388-535-1065, filed 7/6/04, effective 8/6/04. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-077, § 388-535-1065, filed 9/12/03, effective 10/13/03.]

     (1) Restorative/operative procedures. The department covers restorative/operative procedures performed in a hospital or an ambulatory surgical center for:

     (a) Clients ages eight and younger;

     (b) Clients ages nine through twenty only on a case-by-case basis and when prior authorized; and

     (c) Clients of the division of developmental disabilities according to WAC 388-535-1099.

     (2) Amalgam restorations for primary and permanent teeth. The department considers:

     (a) Tooth preparation, all adhesives (including amalgam bonding agents), liners, bases, and polishing as part of the amalgam restoration.

     (b) The occlusal adjustment of either the restored tooth or the opposing tooth or teeth as part of the amalgam restoration.

     (c) Buccal or lingual surface amalgam restorations, regardless of size or extension, as a one surface restoration. The department covers one buccal and one lingual surface per tooth.

     (d) Multiple amalgam restorations of fissures and grooves of the occlusal surface of the same tooth as a one surface restoration.

     (e) Amalgam restorations placed within six months of a crown preparation by the same provider or clinic to be included in the payment for the crown.

     (3) Amalgam restorations for primary posterior teeth only. The department covers amalgam restorations for a maximum of two surfaces for a primary first molar and maximum of three surfaces for a primary second molar. (See subsection (9)(c) of this section for restorations for a primary posterior tooth requiring additional surfaces.) The department does not pay for additional amalgam restorations.

     (4) Amalgam restorations for permanent posterior teeth only. The department:

     (a) Covers two occlusal amalgam restorations for teeth one, two, three fourteen, fifteen, and sixteen, if the restorations are anatomically separated by sound tooth structure.

     (b) Covers amalgam restorations for a maximum of five surfaces per tooth for a permanent posterior tooth, once per client, per provider or clinic, in a two-year period.

     (c) Covers amalgam restorations for a maximum of six surfaces per tooth for teeth one, two, three, fourteen, fifteen, and sixteen, once per client, per provider or clinic, in a two-year period (see (a) of this subsection).

     (d) Does not pay for replacement of amalgam restoration on permanent posterior teeth within a two-year period unless the restoration has an additional adjoining carious surface. The department pays for the replacement restoration as one multi-surface restoration. The client's record must include radiographs and documentation supporting the medical necessity for the replacement restoration.

     (5) Resin-based composite restorations for primary and permanent teeth. The department:

     (a) Considers tooth preparation, acid etching, all adhesives (including resin bonding agents), liners and bases, polishing, and curing as part of the resin-based composite restoration.

     (b) Considers the occlusal adjustment of either the restored tooth or the opposing tooth or teeth as part of the resin-based composite restoration.

     (c) Considers buccal or lingual surface resin-based composite restorations, regardless of size or extension, as a one surface restoration. The department covers only one buccal and one lingual surface per tooth.

     (d) Considers resin-based composite restorations of teeth where the decay does not penetrate the dentoenamel junction (DEJ) to be sealants (see WAC 388-535-1082(4) for sealants coverage).

     (e) Considers multiple preventive restorative resin, flowable composite resin, or resin-based composites for the occlusal, buccal, lingual, mesial, and distal fissures and grooves on the same tooth as a one surface restoration.

     (f) Does not cover preventive restorative resin or flowable composite resin on the interproximal surfaces (mesial and/or distal) when performed on posterior teeth or the incisal surface of anterior teeth.

     (g) Considers resin-based composite restorations placed within six months of a crown preparation by the same provider or clinic to be included in the payment for the crown.

     (6) Resin-based composite restorations for primary teeth only. The department covers:

     (a) Resin-based composite restorations for a maximum of three surfaces for a primary anterior tooth (see subsection (9)(b) of this section for restorations for a primary anterior tooth requiring a four or more surface restoration). The department does not pay for additional composite or amalgam restorations on the same tooth after three surfaces.

     (b) Resin-based composite restorations for a maximum of two surfaces for a primary first molar and a maximum of three surfaces for a primary second molar. (See subsection (9)(c) of this subsection for restorations for a primary posterior tooth requiring additional surfaces.) The department does not pay for additional composite restorations on the same tooth.

     (c) Glass ((ionimer)) ionomer restorations only for primary teeth, and only for clients ages five and younger. The department pays for these restorations as a one surface resin-based composite restoration.

     (7) Resin-based composite restorations for permanent teeth only. The department covers:

     (a) Two occlusal resin-based composite restorations for teeth one, two, fourteen, fifteen, and sixteen if the restorations are anatomically separated by sound tooth structure.

     (b) Resin-based composite restorations for a maximum of five surfaces per tooth for a permanent posterior tooth, once per client, per provider or clinic, in a two-year period.

     (c) Resin-based composite restorations for a maximum of six surfaces per tooth for permanent posterior teeth one, two, three, fourteen, fifteen, and sixteen, once per client, per provider or clinic, in a two-year period (see (a) of this subsection).

     (d) Resin-based composite restorations for a maximum of six surfaces per tooth for a permanent anterior tooth, once per client, per provider or clinic, in a two-year period.

     (e) Replacement of resin-based composite restoration on permanent teeth within a two-year period only if the restoration has an additional adjoining carious surface. The department pays the replacement restoration as a one multi-surface restoration. The client's record must include radiographs and documentation supporting the medical necessity for the replacement restoration.

     (8) Crowns. The department:

     (a) Covers the following crowns once every five years, per tooth, for permanent anterior teeth for clients ages twelve through twenty when the crowns meet prior authorization criteria in WAC 388-535-1220 and the provider follows the prior authorization requirements in (d) of this subsection:

     (i) Porcelain/ceramic crowns to include all porcelains, glasses, glass-ceramic, and porcelain fused to metal crowns; and

     (ii) Resin crowns and resin metal crowns to include any resin-based composite, fiber, or ceramic reinforced polymer compound.

     (b) ((Covers full coverage metal crowns once every five years, per tooth, for permanent posterior teeth to include high noble, titanium, titanium alloys, noble, and predominantly base metal crowns for clients ages eighteen through twenty when they meet prior authorization criteria and the provider follows the prior authorization requirements in (d) and (e) of this subsection.

     (c))) Considers the following to be included in the payment for a crown:

     (i) Tooth and soft tissue preparation;

     (ii) Amalgam and resin-based composite restoration, or any other restorative material placed within six months of the crown preparation. Exception: The department covers a one surface restoration on an endodontically treated tooth, or a core buildup or cast post and core;

     (iii) Temporaries, including but not limited to, temporary restoration, temporary crown, provisional crown, temporary prefabricated stainless steel crown, ion crown, or acrylic crown;

     (iv) Packing cord placement and removal;

     (v) Diagnostic or final impressions;

     (vi) Crown seating (placement), including cementing and insulating bases;

     (vii) Occlusal adjustment of crown or opposing tooth or teeth; and

     (viii) Local anesthesia.

     (((d))) (c) Requires the provider to submit the following with each prior authorization request:

     (i) Radiographs to assess all remaining teeth;

     (ii) Documentation and identification of all missing teeth;

     (iii) Caries diagnosis and treatment plan for all remaining teeth, including a caries control plan for clients with rampant caries;

     (iv) Pre- and post-endodontic treatment radiographs for requests on endodontically treated teeth; and

     (v) Documentation supporting a five-year prognosis that the client will retain the tooth or crown if the tooth is crowned.

     (((e))) (d) Requires a provider to bill for a crown only after delivery and seating of the crown, not at the impression date.

     (9) Other restorative services. The department covers:

     (a) All recementations of permanent indirect crowns.

     (b) Prefabricated stainless steel crowns with resin window, resin-based composite crowns, prefabricated esthetic coated stainless steel crowns, and fabricated resin crowns for primary anterior teeth once every three years without prior authorization if the tooth requires a four or more surface restoration.

     (c) Prefabricated stainless steel crowns for primary posterior teeth once every three years without prior authorization if:

     (i) Decay involves three or more surfaces for a primary first molar;

     (ii) Decay involves four or more surfaces for a primary second molar; or

     (iii) The tooth had a pulpotomy.

     (d) Prefabricated stainless steel crowns for permanent posterior teeth once every three years when prior authorized.

     (e) Prefabricated stainless steel crowns for clients of the division of developmental disabilities according to WAC 388-535-1099.

     (f) Core buildup, including pins, only on permanent teeth, when prior authorized at the same time as the crown prior authorization.

     (g) Cast post and core or prefabricated post and core, only on permanent teeth, when prior authorized at the same time as the crown prior authorization.

[Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520. 07-06-042, § 388-535-1084, filed 3/1/07, effective 4/1/07.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 07-06-042, filed 3/1/07, effective 4/1/07)

WAC 388-535-1090   Covered dental-related services for clients through age twenty--Prosthodontics (removable).   The department covers medically necessary prosthodontics (removable) services, subject to the coverage limitations listed, for clients through age twenty as follows:

     (1) Prosthodontics. The department:

     (a) Requires prior authorization for all removable prosthodontic and prosthodontic-related procedures, except as stated in (c)(ii)(B) of this subsection. Prior authorization requests must meet the criteria in WAC 388-535-1220. In addition, the department requires the dental provider to submit:

     (i) Appropriate and diagnostic radiographs of all remaining teeth.

     (ii) A dental record which identifies:

     (A) All missing teeth for both arches;

     (B) Teeth that are to be extracted; and

     (C) Dental and periodontal services completed on all remaining teeth.

     (iii) A prescription written by a dentist when a denturist's prior authorization request is for an immediate denture or a cast metal partial denture.

     (b) Covers complete dentures, as follows:

     (i) A complete denture, including an immediate denture or overdenture, is covered when prior authorized.

     (ii) Three-month post-delivery care (e.g., adjustments, soft relines, and repairs) from the seat (placement) date of the complete denture, is considered part of the complete denture procedure and is not paid separately.

     (iii) Replacement of an immediate denture with a complete denture is covered if the complete denture is prior authorized at least six months after the seat date of the immediate denture.

     (iv) Replacement of a complete denture or overdenture is covered only if prior authorized at least five years after the seat date of the complete denture or overdenture being replaced. The replacement denture must be prior authorized.

     (c) Covers partial dentures, as follows:

     (i) A partial denture, including a resin ((or flexible base)) partial denture, is covered for anterior and posterior teeth when the partial denture meets the following department coverage criteria.

     (A) The remaining teeth in the arch must have a reasonable periodontal diagnosis and prognosis;

     (B) The client has established caries control;

     (C) One or more anterior teeth are missing or four or more posterior teeth are missing;

     (D) There is a minimum of four stable teeth remaining per arch; and

     (E) There is a three-year prognosis for retention of the remaining teeth.

     (ii) Prior authorization of partial dentures:

     (A) Is required for clients ages nine and younger; and

     (B) Not required for clients ages ten through twenty. Documentation supporting the medical necessity for the service must be included in the client's file.

     (iii) Three-month post-delivery care (e.g., adjustments, soft relines, and repairs) from the seat date of the partial denture, is considered part of the partial denture procedure and is not paid separately.

     (iv) Replacement of a resin or flexible base denture is covered only if prior authorized at least three years after the seat date of the resin or flexible base partial denture being replaced. The replacement denture must be prior authorized and meet department coverage criteria in (c)(i) of this subsection.

     (d) Covers cast-metal framework partial dentures, as follows:

     (i) Cast-metal framework with resin-based partial dentures, including any conventional clasps, rests, and teeth, are covered for clients ages eighteen through twenty only once in a five-year period, on a case-by-case basis, when prior authorized and department coverage criteria listed in subsection (d)(v) of this subsection are met.

     (ii) Cast-metal framework partial dentures for clients ages seventeen and younger are not covered.

     (iii) Three-month post-delivery care (e.g., adjustments, soft relines, and repairs) from the seat date of the cast metal partial denture is considered part of the partial denture procedure and is not paid separately.

     (iv) Replacement of a cast metal framework partial denture is covered on a case-by-case basis and only if placed at least five years after the seat date of the partial denture being replaced. The replacement denture must be prior authorized and meet department coverage criteria listed in (d)(v) of this subsection.

     (v) Department authorization and payment for cast metal framework partial dentures is based on the following criteria:

     (A) The remaining teeth in the arch must have a stable periodontal diagnosis and prognosis;

     (B) The client has established caries control;

     (C) All restorative and periodontal procedures must be completed before the request for prior authorization is submitted;

     (D) There are fewer than eight posterior teeth in occlusion;

     (E) There is a minimum of four stable teeth remaining per arch; and

     (F) There is a five-year prognosis for the retention of the remaining teeth.

     (vi) The department may consider resin partial dentures as an alternative if the department determines the criteria for cast metal framework partial dentures listed in (d)(v) of this subsection are not met.

     (e) Requires a provider to bill for removable prosthetic procedures only after the seating of the prosthesis, not at the impression date. Refer to subsection (2)(e) and (f) for what the department may pay if the removable prosthesis is not delivered and inserted.

     (f) Requires a provider to submit the following with a prior authorization request for removable prosthetics for a client residing in an alternate living facility (ALF) as defined in WAC 388-513-1301 or in a nursing facility:

     (i) The client's medical diagnosis or prognosis;

     (ii) The attending physician's request for prosthetic services;

     (iii) The attending dentist's or denturist's statement documenting medical necessity;

     (iv) A written and signed consent for treatment from the client's legal guardian when a guardian has been appointed; and

     (v) A completed copy of the denture/partial appliance request for skilled nursing facility client form (DSHS 13-788) available from the department's published billing instructions.

     (g) Limits removable partial dentures to resin-based partial dentures for all clients residing in one of the facilities listed in (f) of this subsection. The department may consider cast metal partial dentures if the criteria in subsection (1)(d) are met.

     (h) Requires a provider to deliver services and procedures that are of acceptable quality to the department. The department may recoup payment for services that are determined to be below the standard of care or of an unacceptable product quality.

     (2) Other services for removable prosthodontics. The department covers:

     (a) Adjustments to complete and partial dentures three months after the date of delivery.

     (b) Repairs to complete and partial dentures, once in a twelve month period. The cost of repairs cannot exceed the cost of replacement. The department covers additional repairs on a case-by-case basis and when prior authorized.

     (c) A laboratory reline or rebase to a complete or cast-metal partial denture, once in a three-year period when performed at least six months after the seating date. An additional reline or rebase may be covered for complete or cast-metal partial dentures on a case-by-case basis when prior authorized.

     (d) Up to two tissue conditionings, and only when performed within three months after the seating date.

     (e) Laboratory fees, subject to the following:

     (i) The department does not pay separately for laboratory or professional fees for complete and partial dentures; and

     (ii) The department may pay part of billed laboratory fees when the provider obtains prior authorization, and the client:

     (A) Is not eligible at the time of delivery of the prosthesis;

     (B) Moves from the state;

     (C) Cannot be located;

     (D) Does not participate in completing the complete, immediate, or partial dentures; or

     (E) Dies.

     (f) A provider must submit copies of laboratory prescriptions and receipts or invoices for each claim when billing for laboratory fees.

[Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520. 07-06-042, § 388-535-1090, filed 3/1/07, effective 4/1/07.]

     (1) Preventive services.

     (a) Dental prophylaxis. The department covers dental prophylaxis or periodontal maintenance up to three times in a twelve-month period (see subsection (3) of this section for limitations on periodontal scaling and root planing).

     (b) Topical fluoride treatment. The department covers topical fluoride varnish, rinse, foam or gel, up to three times within a twelve-month period.

     (c) Sealants. The department covers sealants:

     (i) Only when used on the occlusal surfaces of:

     (A) Primary teeth A, B, I, J, K, L, S, and T; or

     (B) Permanent teeth two, three, four, five, twelve, thirteen, fourteen, fifteen, eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, and thirty-one.

     (ii) Once per tooth in a two-year period.

     (2) Crowns. The department covers stainless steel crowns every two years for the same tooth and only for primary molars and permanent premolars and molars, as follows:

     (a) For clients ages twenty and younger, the department does not require prior authorization for stainless steel crowns. Documentation supporting the medical necessity of the service must be in the client's record.

     (b) For clients ages twenty-one and older, the department requires prior authorization for stainless steel crowns.

     (3) Periodontic services.

     (a) Surgical periodontal services. The department covers:

     (i) Gingivectomy/gingivoplasty once every three years. Documentation supporting the medical necessity of the service must be in the client's record (e.g., drug induced gingival hyperplasia).

     (ii) Gingivectomy/gingivoplasty with periodontal scaling and root planing or periodontal maintenance when the services are performed:

     (A) In a hospital or ambulatory surgical center; or

     (B) For clients under conscious sedation, deep sedation, or general anesthesia.

     (b) Nonsurgical periodontal services. The department covers:

     (i) Periodontal scaling and root planing, up to two times per quadrant in a twelve-month period.

     (ii) Periodontal scaling (four quadrants) substitutes for an eligible periodontal maintenance or oral prophylaxis, twice in a twelve-month period.

     (4) Adjunctive general services.

     (a) Adjunctive general services. The department covers:

     (i) Oral parenteral conscious sedation, deep sedation, or general anesthesia for any dental services performed in a dental office or clinic. Documentation supporting the medical necessity must be in the client's record.

     (ii) Sedations services according to WAC 388-535-1098 (1)(c) and (e).

     (b) Nonemergency dental services. The department covers nonemergency dental services performed in a hospital or an ambulatory surgical center for services listed as covered in WAC 388-535-1082, 388-535-1084, 388-535-1086, 388-535-1088, and 388-535-1094. Documentation supporting the medical necessity of the service must be included in the client's record.

     (5) Miscellaneous services--Behavior management. The department covers behavior management provided in dental offices or dental clinics ((for clients of any age)). Documentation supporting the medical necessity of the service must be included in the client's record.

[Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520. 07-06-042, § 388-535-1099, filed 3/1/07, effective 4/1/07.]

     (a) The dental-related services described in subsection (2) of this section unless the services are covered under the early periodic screening, diagnosis and treatment (EPSDT) program. See WAC 388-534-0100 for information about the EPSDT program.

     (b) Any service specifically excluded by statute.

     (c) More costly services when less costly, equally effective services as determined by the department are available.

     (d) Services, procedures, treatment, devices, drugs, or application of associated services:

     (i) Which the department or the Centers for Medicare and Medicaid Services (CMS) considers investigative or experimental on the date the services were provided.

     (ii) That are not listed as covered in one or both of the following:

     (A) Washington Administrative Code (WAC).

     (B) The department's current published documents.

     (2) The department does not cover dental-related services listed under the following categories of service for clients through age twenty (see subsection (1)(a) of this section for services provided under the EPSDT program):

     (a) Diagnostic services. The department does not cover:

     (i) Extraoral radiographs.

     (ii) Comprehensive periodontal evaluations.

     (b) Preventive services. The department does not cover:

     (i) Nutritional counseling for control of dental disease.

     (ii) Tobacco counseling for the control and prevention of oral disease.

     (iii) Removable space maintainers of any type.

     (iv) Sealants placed on a tooth with the same-day occlusal restoration, preexisting occlusal restoration, or a tooth with occlusal decay.

     (v) Space maintainers for clients ages nineteen through twenty.

     (c) Restorative services. The department does not cover:

     (i) Restorations for wear on any surface of any tooth without evidence of decay through the enamel or on the root surface;

     (ii) Gold foil restorations.

     (((ii))) (iii) Metallic, resin-based composite, or porcelain/ceramic inlay/onlay restorations.

     (((iii))) (iv) Preventive restorations.

     (v) Crowns for cosmetic purposes (e.g., peg laterals and tetracycline staining).

     (((iv))) (vi) Permanent crowns for ((third molars one, sixteen, seventeen, and thirty-two)) bicuspids or molar teeth.

     (((v))) (vii) Temporary or provisional crowns (including ion crowns).

     (((vi))) (viii) Labial veneer resin or porcelain laminate restorations.

     (((vii))) (ix) Any type of coping.

     (((viii))) (x) Crown repairs.

     (((ix))) (xi) Polishing or recontouring restorations or overhang removal for any type of restoration.

     (d) Endodontic services. The department does not cover:

     (i) Any endodontic therapy on primary teeth, except as described in WAC 388-535-1086 (3)(a).

     (ii) Apexification/recalcification for root resorption of permanent anterior teeth.

     (iii) Any apexification/recalcification procedures for bicuspid or molar teeth.

     (iv) Any apicoectomy/periradicular services for bicuspid or molar teeth.

     (v) Any surgical endodontic procedures including, but not limited to, retrograde fillings (except for anterior teeth), root amputation, reimplantation, and hemisections.

     (e) Periodontic services. The department does not cover:

     (i) Surgical periodontal services including, but not limited to:

     (A) Gingival flap procedures.

     (B) Clinical crown lengthening.

     (C) Osseous surgery.

     (D) Bone or soft tissue grafts.

     (E) Biological material to aid in soft and osseous tissue regeneration.

     (F) Guided tissue regeneration.

     (G) Pedicle, free soft tissue, apical positioning, subepithelial connective tissue, soft tissue allograft, combined connective tissue and double pedicle, or any other soft tissue or osseous grafts.

     (H) Distal or proximal wedge procedures.

     (ii) Nonsurgical periodontal services including, but not limited to:

     (A) Intracoronal or extracoronal provisional splinting.

     (B) Full mouth or quadrant debridement.

     (C) Localized delivery of chemotherapeutic agents.

     (D) Any other type of nonsurgical periodontal service.

     (f) Removable prosthodontics. The department does not cover:

     (i) Removable unilateral partial dentures.

     (ii) Any interim complete or partial dentures.

     (iii) Flexible base partial dentures.

     (iv) Any type of permanent soft reline (e.g., molloplast).

     (v) Precision attachments.

     (((iv))) (vi) Replacement of replaceable parts for semi-precision or precision attachments.

     (g) Implant services. The department does not cover:

     (i) Any type of implant procedures, including, but not limited to, any tooth implant abutment (e.g., periosteal implant, eposteal implant, and transosteal implant), abutments or implant supported crown, abutment supported retainer, and implant supported retainer.

     (ii) Any maintenance or repairs to procedures listed in (g)(i) of this subsection.

     (iii) The removal of any implant as described in (g)(i) of this subsection.

     (h) Fixed prosthodontics. The department does not cover:

     (i) Any type of fixed partial denture pontic or fixed partial denture retainer.

     (ii) Any type of precision attachment, stress breaker, connector bar, coping, cast post, or any other type of fixed attachment or prosthesis.

     (i) Oral and maxillofacial surgery. The department does not cover:

     (i) Any oral surgery service not listed in WAC 388-535-1094.

     (ii) Any oral surgery service that is not listed in the department's list of covered current procedural terminology (CPT) codes published in the department's current rules or billing instructions.

     (j) Adjunctive general services. The department does not cover:

     (i) Anesthesia, including, but not limited to:

     (A) Local anesthesia as a separate procedure.

     (B) Regional block anesthesia as a separate procedure.

     (C) Trigeminal division block anesthesia as a separate procedure.

     (D) Medication for oral sedation, or therapeutic intramuscular (IM) drug injections, including antibiotic and injection of sedative.

     (E) Application of any type of desensitizing medicament or resin.

     (ii) Other general services including, but not limited to:

     (A) Fabrication of an athletic mouthguard.

     (B) Occlusion analysis.

     (C) Occlusal adjustment, tooth or restoration adjustment or smoothing, or odontoplasties.

     (D) Enamel microabrasion.

     (E) Dental supplies such as toothbrushes, toothpaste, floss, and other take home items.

     (F) Dentist's or dental hygienist's time writing or calling in prescriptions.

     (G) Dentist's or dental hygienist's time consulting with clients on the phone.

     (H) Educational supplies.

     (I) Nonmedical equipment or supplies.

     (J) Personal comfort items or services.

     (K) Provider mileage or travel costs.

     (L) Fees for no-show, cancelled, or late arrival appointments.

     (M) Service charges of any type, including fees to create or copy charts.

     (N) Office supplies used in conjunction with an office visit.

     (O) Teeth whitening services or bleaching, or materials used in whitening or bleaching.

[Statutory Authority: RCW 74.08.090, 74.09.500, 74.09.520. 07-06-042, § 388-535-1100, filed 3/1/07, effective 4/1/07. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-078, § 388-535-1100, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1100, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1100, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1100, filed 12/6/95, effective 1/6/96.]

     (1) For covered dental-related services provided to eligible clients, ((MAA)) the department pays dentists and other eligible providers on a fee-for-service or contractual basis, subject to the exceptions and restrictions listed under WAC 388-535-1100 and 388-535-1400.

     (2) ((MAA)) The department sets maximum allowable fees for dental services provided to ((children)) clients twenty years of age and younger as follows:

     (a) ((MAA's)) The department's historical reimbursement rates for various procedures are compared to usual and customary charges.

     (b) ((MAA)) The department consults with representatives of the provider community to identify program areas and concerns that need to be addressed.

     (c) ((MAA)) The department consults with dental experts and public health professionals to identify and prioritize dental services and procedures for their effectiveness in improving or promoting children's dental health.

     (d) Legislatively authorized vendor rate increases and/or earmarked appropriations for children's dental services are allocated to specific procedures based on the priorities identified in (c) of this subsection and considerations of access to services.

     (e) Larger percentage increases may be given to those procedures which have been identified as most effective in improving or promoting children's dental health.

     (f) Budget-neutral rate adjustments are made as appropriate based on the department's evaluation of utilization trends, effectiveness of interventions, and access issues.

     (3) ((MAA)) The department reimburses dental general anesthesia services for eligible clients on the basis of base anesthesia units plus time. Payment for dental general anesthesia is calculated as follows:

     (a) Dental procedures are assigned an anesthesia base unit of five;

     (b) Fifteen minutes constitute one unit of time. When a dental procedure requiring dental general anesthesia results in multiple time units and a remainder (less than fifteen minutes), the remainder or fraction is considered as one time unit;

     (c) Time units are added to the anesthesia base unit of five and multiplied by the anesthesia conversion factor;

     (d) The formula for determining payment for dental general anesthesia is: (5.0 base anesthesia units + time units) x conversion factor = payment.

     (4) When billing for anesthesia, the provider must show the actual beginning and ending times on the claim. Anesthesia time begins when the provider starts to physically prepare the client for the induction of anesthesia in the operating room area (or its equivalent), and ends when the provider is no longer in constant attendance (i.e., when the client can be safely placed under postoperative supervision).

     (5) ((MAA)) The department pays eligible providers listed in WAC 388-535-1070 for conscious sedation with parenteral and multiple oral agents, or for general anesthesia when the provider meets the criteria in this chapter and other applicable WAC.

     (6) Dental hygienists who have a contract with ((MAA)) the department are paid at the same rate as dentists who have a contract with ((MAA)) the department, for services allowed under The Dental Hygienist Practice Act.

     (7) Licensed denturists who have a contract with ((MAA)) the department are paid at the same rate as dentists who have a contract with ((MAA)) the department, for providing dentures and partials.

     (8) ((MAA)) The department makes fee schedule changes whenever the legislature authorizes vendor rate increases or decreases.

     (9) ((MAA)) The department may adjust maximum allowable fees to reflect changes in services or procedure code descriptions.

     (10) ((MAA)) The department does not pay separately for chart or record setup, or for completion of reports, forms, or charting. The fees for these services are included in ((MAA's)) the department's reimbursement for comprehensive oral evaluations or limited oral evaluations.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-080, § 388-535-1350, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1350, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1350, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1350, filed 12/6/95, effective 1/6/96.]

     (2) Participating providers must bill ((MAA)) the department their usual and customary fees.

     (3) Payment for dental services is based on ((MAA's)) the department's schedule of maximum allowances. Fees listed in the ((MAA)) department's fee schedule are the maximum allowable fees.

     (4) ((MAA)) The department pays the provider the lesser of the billed charge (usual and customary fee) or ((MAA's)) the department's maximum allowable fee.

     (5) ((MAA)) The department pays "by report" on a case-by-case basis, for a covered service that does not have a set fee.

     (6) Participating providers must bill a client according to WAC 388-502-0160, unless otherwise specified in this chapter.

     (7) If the client's eligibility for dental services ends before the conclusion of the dental treatment, payment for any remaining treatment is the client's responsibility. The exception to this is dentures and partial dentures as described in WAC 388-535-1240 and 388-535-1290.

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-080, § 388-535-1400, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1400, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1400, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1400, filed 12/6/95, effective 1/6/96.]

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.530, 2003 1st sp.s. c 25, P.L. 104-191. 03-19-080, § 388-535-1450, filed 9/12/03, effective 10/13/03. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1450, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1450, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1450, filed 12/6/95, effective 1/6/96.]

[Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1500, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1500, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1500, filed 12/6/95, effective 1/6/96.]

[Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, and 74.09.035. 08-08-064, § 388-535-1550, filed 3/31/08, effective 5/1/08. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.500, 74.09.520, 42 U.S.C. 1396d(a), 42 C.F.R. 440.100 and 440.225. 02-13-074, § 388-535-1550, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 74.08.090, 74.09.035, 74.09.520 and 74.09.700, 42 USC 1396d(a), CFR 440.100 and 440.225. 99-07-023, § 388-535-1550, filed 3/10/99, effective 4/10/99. Statutory Authority: Initiative 607, 1995 c 18 2nd sp.s. and 74.08.090. 96-01-006 (Order 3931), § 388-535-1550, filed 12/6/95, effective 1/6/96.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-535-1247	Dental-related services for clients age twenty-one and older -- General.
WAC 388-535-1255	Covered dental-related services -- Adults.
WAC 388-535-1257	Covered dental-related services for clients age twenty-one and older -- Preventive services.
WAC 388-535-1259	Covered dental-related services for clients age twenty-one and older -- Restorative services.
WAC 388-535-1261	Covered dental-related services for clients age twenty-one and older -- Endodontic services.
WAC 388-535-1263	Covered dental-related services for clients age twenty-one and older -- Periodontic services.
WAC 388-535-1266	Covered dental-related services for clients age twenty-one and older -- Prosthodontics (removable).
WAC 388-535-1267	Covered dental-related services for clients age twenty-one and older -- Oral and maxillofacial surgery services.
WAC 388-535-1269	Covered dental-related services for clients age twenty-one and older -- Adjunctive general services.
WAC 388-535-1271	Dental-related services not covered for clients age twenty-one and older.
WAC 388-535-1280	Obtaining prior authorization for dental-related services for clients age twenty-one and older.

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