WSR 09-16-039



(Health and Recovery Services Administration)

[ Filed July 28, 2009, 9:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-05-057.

Title of Rule and Other Identifying Information: The department is amending WAC 388-543-1150 Limits and limitation extensions, 388-543-1300 Equipment, related supplies, or other nonmedical supplies, and devices that are not covered, 388-543-1600 Items and services which require authorization, and 388-543-2300 Bathroom/shower equipment.

Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at or by calling (360) 664-6094), on September 22, 2009, at 10:00 a.m.

Date of Intended Adoption: Not sooner than September 23, 2009.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail, fax (360) 664-6185, by 5 p.m. on September 22, 2009.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by September 8, 2009, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is: (1) Eliminating the coverage of the following items for adults: Bathroom and shower equipment, disinfectant sprays, surgical stockings, custom vascular supports, graduated compression stockings, and blood pressure monitoring equipment; (2) reducing coverage of the following items for adults and children: Nonsterile and sterile gloves, incontinent supplies, and diabetes test supplies (lancets and test strips); and (3) adding light boxes, bumper pads, surgical masks, and handheld showers to the noncovered list.

Reasons Supporting Proposal: These amendments are necessary for the department to fully meet the legislatively-mandated appropriation reduction in section 1109, chapter 564, Laws of 2009 (ESHB 1244) for durable medical equipment for fiscal years 2010-2011 and to further clarify the department's coverage policy.

Statutory Authority for Adoption: Section 1109, chapter 564, Laws of 2009 (ESHB 1244), RCW 74.04.050, 74.04,057 [74.04.057], 74.08.090.

Statute Being Implemented: Section 1109, chapter 564, Laws of 2009 (ESHB 1244).

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Erin Mayo, P.O. Box 45560, Olympia, WA 98504-5560, (360) 725-1729.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department analyzed the proposed rule amendments and concludes that they will impose no new costs on small businesses. The preparation of a comprehensive small business economic impact statement is not required.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Erin Mayo, DME Program Manager, P.O. Box 45560, Olympia, WA 98504-5560, phone (360) 725-1729, fax (360) 586-9727, e-mail

July 29, 2009

Stephanie E. Schiller

Rules Coordinator

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 09-17 issue of the Register.

Washington State Code Reviser's Office