WSR 20-10-109
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed May 6, 2020, 10:47 a.m.]
Continuance of WSR 20-09-032.
Preproposal statement of inquiry was filed as WSR 19-20-106.
Title of Rule and Other Identifying Information: WAC 182-550-8000 Hospital safety net assessment (HSNA) program—Purpose, and 182-550-8100 Assessment notices—Process and timelines.
Hearing Location(s): On June 23, 2020, at 10:00 a.m.
In response to the governor's extended orders for Stay Home, Stay Safe, this public hearing will be held virtually. This will not be an in-person hearing and there is not a physical location available.
You must register for the public hearing at https://attendee.gotowebinar.com/register/6057562907361355533.
After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: Not sooner than June 24, 2020.
Submit Written Comments to: Health Care Authority (HCA) Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by June 23, 2020.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication relay services 711, email amber.lougheed@hca.wa.gov, by June 5, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In response to the governor's extended orders for Stay Home, Stay Safe and to protect the public's health due to the COVID-19 pandemic, the agency is not able to hold the originally scheduled in-person public hearing on May 26, 2020, filed under WSR 20-09-032. The date of this public hearing is being moved to June 23, 2020, and the location of the public hearing is changed from an in-person hearing to a virtual public hearing.
The agency is establishing rules for the hospital safety net assessment program. The proposed rules:
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| • | Describe the payment due date and the notifications sent out by the agency. |
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| • | Describe how and when the agency offsets amounts from scheduled payments to a hospital when that hospital has not timely paid its assessment. |
| • | Establish a process to appeal the agency's action to offset amounts from scheduled payments. |
Reasons Supporting Proposal: This rule making is authorized by RCW
74.60.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Melinda Froud, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1408; Implementation and Enforcement: Clinton Fridley, P.O. Box 45510, Olympia, WA 98504-5510, 360-725-1577.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. RCW
34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
May 6, 2020
Wendy Barcus
Rules Coordinator
NEW SECTION
WAC 182-550-8000Hospital safety net assessment (HSNA) program—Purpose.
Chapter
74.60 RCW establishes the hospital safety net assessment (HSNA) program. The HSNA program imposes an assessment on certain Washington state hospitals that is used solely to increase funding from all other sources and support additional payments to hospitals for authorized medicaid services. The medicaid agency has authority to issue rules associated with the HSNA program under RCW
41.05.021 (1)(m)(iv) and
74.60.050(1).
NEW SECTION
WAC 182-550-8100Assessment notices—Process and timelines.
(1)
Notification. The medicaid agency sends hospital safety net assessment (HSNA) notices on or about thirty calendar days prior to the end of each quarter as required by RCW
74.60.030 (1)(a).
(2) Payment due date. Each hospital must pay its assessment in full by the due date listed in the HSNA notice.
(3) First past-due notification. If a hospital does not pay its HSNA assessment in full by the due date, the agency sends the hospital a past-due notice. The past-due notice informs the hospital of the actions the agency may take if the hospital's assessment becomes ninety calendar days past due.
(4) Final past-due notification. If a hospital does not pay its assessment in full within ninety calendar days of its due date stated in the HSNA notice, the agency sends the hospital a final past-due notice.
(a) The final past-due notice informs the hospital of the actions the agency takes, as required by RCW
74.60.050(2), to offset funds from the agency's scheduled payments to the hospital.
(b) The agency does not offset funds from managed care capitation payments, as described in RCW
74.60.130.
(5) Appeal. A hospital may appeal the actions the agency takes to offset funds by following the process outlined in WAC 182-502-0050.