WSR 11-10-070

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Medicaid Purchasing Administration)

[ Filed May 3, 2011, 7:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-04-073.

Title of Rule and Other Identifying Information: Amending WAC 388-546-5000 Nonemergency transportation program definitions, 388-546-5100 Nonemergency transportation program scope of coverage, 388-546-5200 Nonemergency transportation program broker and provider requirements, 388-546-5300 Nonemergency transportation program client requirements, 388-546-5400 Nonemergency transportation program general reimbursement limitations and 388-546-5500 Modifications of privately owned vehicles -- Noncovered; and new sections WAC 388-546-5550 Nonemergency transportation -- Exclusions and limitations, 388-546-5600 Nonemergency transportation -- Intermediate stops or delays, 388-546-5700 Nonemergency transportation -- Local provider and trips outside client's local community, 388-546-5800 Nonemergency transportation -- Trips out-of-state/out-of-country, 388-546-5900 Nonemergency transportation -- Meals, lodging, escort/guardian, 388-546-6000 Nonemergency transportation -- Authorization, 388-546-6100 Nonemergency transportation -- Noncovered, and 388-546-6200 Nonemergency transportation -- Reimbursement.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on June 21, 2011, at 10:00 a.m.

Date of Intended Adoption: Not sooner than June 22, 2011.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 21, 2011.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by May 24, 2011, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of social and health services' medicaid purchasing administration (MPA) is proposing [changes] to WAC 388-546-5000 through 388-546-6200, Nonemergency medical transportation. The department reorganized the sections, added/removed/updated definitions, included a section on "covered trips," added a section for "exclusions and limitations," included a section for "intermediate stops or delays," added a new section regarding local provider and trips outside the client's local community, further clarified meals/lodging/escort/guardian, and expanded the section on reimbursement.

Reasons Supporting Proposal: These rule amendments are necessary to support the requirements for contracted nonemergency transportation brokers. Contracted brokers are responsible for the management of overall day-to-day operations necessary for the delivery of cost-efficient, appropriate medical transportation services, the maintenance of appropriate records, and meeting the requirements of these proposed rules. These rules also protect the health and safety of DSHS clients and further ensure program integrity.

Statutory Authority for Adoption: RCW 74.04.057, 74.08.090, 74.09.500.

Statute Being Implemented: RCW 74.08.090.

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

Name of Proponent: DSHS, MPA, governmental.

Name of Agency Personnel Responsible for Drafting: Wendy L. Boedigheimer, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1306; Implementation and Enforcement: Walter Neal, P.O. Box 45530, Olympia, WA 98504-5506 [98504-5530], (360) 725-1703.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rule amendments and determined that there are no new costs associated with these changes and they do not impose disproportionate costs on small businesses.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Walter Neal, P.O. Box 45530, Olympia, WA 98504-5530, phone (360) 725-1703, fax (360) 586-9727, e-mail Nealw@dshs.wa.gov.

April 28, 2011

Katherine I. Vasquez

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 11-11 issue of the Register.

Washington State Code Reviser's Office