WSR 10-03-109



(Health and Recovery Services Administration)

[ Filed January 20, 2010, 11:45 a.m. ]

Subject of Possible Rule Making: The department is making amendments to 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, 388-543-2800 Reusable and disposable medical supplies, and other related rules and [as] necessary.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.04.050, 74.04.057, 74.08.090, section 1109, chapter 564, Laws of 2009 (ESHB 1244), WAC 388-501-0055.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: These amendments are necessary to meet the legislative requirements of sections 201 and 209 of the operating budget for fiscal years 2010 and 2011 for durable medical equipment. Specifically, the department is eliminating coverage for electrical neural stimulation devices and supplies (including battery chargers and supplies for client-owned devices) for in-home use.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Wendy L. Boedigheimer, Rules Program Manager, P.O. Box 45504, Olympia, WA 98504-5504, phone (360) 725-1306, fax (360) 586-9727, TTY (800) 848-5429, e-mail

January 20, 2010

Don Goldsby, Manager

Rules and Policies Assistance Unit

Washington State Code Reviser's Office