WSR 02-10-115



(Medical Assistance Administration)

[ Filed April 30, 2002, Filed 4:33 p.m., ]

Supplemental Notice to WSR 01-21-106.

Preproposal statement of inquiry was filed as WSR 01-05-027.

Title of Rule: Amending WAC 388-543-1000 Definitions for durable medical equipment (DME) etc., 388-543-1100 Scope of coverage and coverage limitations for DME, etc., 388-543-1300 Equipment, etc. not covered, and 388-543-2200 Augmentative communication devices (ACD).

Purpose: The amended sections were previously proposed under WSR 01-21-106. Since that proposal, MAA met with interested stakeholders to further discuss balancing department policy and fiscal restraints with client needs. The rules are necessary in order to change the name of augmentative communication device (ACD) to speech generating device (SGD) to reflect Medicare terminology; to further explain criteria for department-covered SGDs; and to ensure that department policy follows Medicare guidelines.

Statutory Authority for Adoption: RCW 74.08.090, 74.09.530.

Statute Being Implemented: RCW 74.08.090, 74.09.530.

Summary: See Purpose above.

Reasons Supporting Proposal: To clarify department policy regarding SGDs.

Name of Agency Personnel Responsible for Drafting: Ann Myers, DPS/RIP, P.O. Box 45533, Olympia, WA 98504-5533, (360) 725-1345; Implementation and Enforcement: Sharon Morrison, DHSQS/QU, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1671.

Name of Proponent: Department of Social and Health Services, Medical Assistance Administration, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule proposed above clarifies department policy regarding SGDs (formerly known as augmentative communication devices (ACDs)), especially the criteria for a device to be classified as a department-covered SGD. The purpose of the rule is to clearly state department policy. The anticipated effect is to make department policy clearly understandable to providers and clients.

Proposal Changes the Following Existing Rules: The rules above amend WAC 388-543-1000, 388-543-1100, 388-543-1300, and 388-543-2200 to clarify current policy. This includes amending the definition of SGD and further explaining the criteria for a device to be classified as a department-covered SGD.

No small business economic impact statement has been prepared under chapter 19.85 RCW. MAA analyzed the proposed rules and concluded that they will not place "a more than minor" impact on the businesses affected by them. Therefore, a comprehensive small business economic impact statement is not required.

RCW 34.05.328 applies to this rule adoption. MAA has analyzed the proposed rules and concludes that they meet the definition of a "significant legislative rule." MAA evaluated the probable costs and probable benefits of the proposed rules, taking into account both the qualitative and quantitative benefits and costs. MAA's analysis revealed that any new costs imposed on the businesses affected by them would be minor. The probable benefits of allowing providers to furnish specific, prior authorized computer-based SGDs to clients exceed the probable costs. A complete evaluation is available from the department representatives identified above.

Hearing Location: Office Building 2 Auditorium (DSHS Headquarters) (parking entrance at 12th and Washington), 1115 Washington, Olympia, WA, on June 25, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Andy Fernando, Rules Coordinator, by June 15, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail

Submit Written Comments to: Identify WAC Numbers, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail, by 5:00 p.m., June 25, 2002.

Date of Intended Adoption: Not sooner than June 26, 2002.

April 26, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-11 issue of the Register.

Washington State Code Reviser's Office