Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-07-075.

     Title of Rule and Other Identifying Information: Amends WAC 182-507-0110 Alien medical programs, 182-507-0115 Alien emergency medical program (AEM), and 182-507-0120 Alien medical for dialysis and cancer treatment.

     Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Sue Crystal Conference Room 106A, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://maa.dshs.wa.gov/pdf/CherryStreetDirectionsNMap.pdf or directions can be obtained by calling (360) 725-1000), on November 27, 2012, at 10:00 a.m.

     Date of Intended Adoption: Not sooner than November 28, 2012.

     Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on November 27, 2012.

     Assistance for Persons with Disabilities: Contact Kelly Richters by November 19, 2012, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The HCA is changing the titles of these rules to clarify the rules' content, removing reference to "state-only" funding from WAC 182-507-0120, changing references to the "department" to the "agency," and correcting cross-references.

     Statutory Authority for Adoption: RCW 41.05.021.

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

     Name of Proponent: HCA, governmental.

     Name of Agency Personnel Responsible for Drafting: Jason R. P. Crabbe, P.O. Box 45504, Olympia, WA 98504-5504, (360) 725-1346; Implementation and Enforcement: Dody McAlpine, P.O. Box 45504, Olympia, WA 98504-5534, (360) 725-9964.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The HCA has analyzed the proposed new and amended rules and determines they will not have an adverse economic impact on small businesses. The preparation of a comprehensive small business economic impact statement therefore is not required.

     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.

October 23, 2012

Kevin M. Sullivan

Rules Coordinator

OTS-5077.1

AMENDATORY SECTION(Amending WSR 12-13-056, filed 6/15/12, effective 7/1/12)

WAC 182-507-0110   Alien medical programs.   (1) To qualify for an alien medical program (AMP) a person must:

     (a) Be ineligible for medicaid or other ((DSHS)) medicaid agency medical program due to the citizenship/alien status requirements described in WAC 388-424-0010;

     (b) Meet the requirements described in WAC ((388-438-0115, 388-438-0120, or 388-438-0125)) 182-507-0115, 182-507-0120, or 182-507-0125; and

     (c) Meet categorical eligibility criteria for one of the following programs, except for the Social Security number or citizenship/alien status requirements:

     (i) WAC 388-475-0050, for an SSI-related person;

     (ii) WAC ((388-505-0220)) 182-505-0240, for family medical programs;

     (iii) WAC ((388-505-0210)) 182-505-0210, for a child under the age of nineteen;

     (iv) WAC ((388-462-0015)) 182-505-0115, for a pregnant woman;

     (v) WAC 388-462-0020, for the breast and cervical cancer treatment program for women; or

     (vi) WAC ((388-523-0100)) 182-523-0100, for medical extensions.

     (2) AMP medically needy (MN) coverage is available for children, adults age sixty-five or over, or persons who meet SSI disability criteria. See WAC 388-519-0100 for MN eligibility and 388-519-0110 for spending down excess income under the MN program.

     (3) The ((department)) agency or its designee does not consider a person's date of arrival in the United States when determining eligibility for AMP.

     (4) The ((department)) agency or its designee does not consider a sponsor's income and resources when determining eligibility for AMP, unless the sponsor makes the income or resources available.

     (5) A person is not eligible for AMP if that person entered the state specifically to obtain medical care.

     (6) A person who the ((department)) agency or its designee determines is eligible for AMP may be eligible for retroactive coverage as described in WAC 388-416-0015.

     (7) Once the ((department)) agency or its designee determines financial and categorical eligibility for AMP, the ((department)) agency or its designee then determines whether a person meets the requirements described in WAC ((388-438-0115, 388-438-0120, or 388-438-0125)) 182-507-0115, 182-507-0120, or 182-507-0125.

[12-13-056, recodified as WAC 182-507-0110, filed 6/15/12, effective 7/1/12. Statutory Authority: RCW 74.04.050, 74.08.090, and 2009 c 564 §§ 1109, 201, 209. 10-19-085, § 388-438-0110, filed 9/17/10, effective 10/18/10. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530. 07-07-024, § 388-438-0110, filed 3/9/07, effective 4/9/07; 06-04-047, § 388-438-0110, filed 1/26/06, effective 2/26/06. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. 04-15-057, § 388-438-0110, filed 7/13/04, effective 8/13/04. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, and Section 1903 (v)(2)(c) of the Social Security Act. 03-24-058, § 388-438-0110, filed 12/1/03, effective 1/1/04. Statutory Authority: RCW 74.08.090, 74.08A.100, 74.09.080, and 74.09.415. 02-17-030, § 388-438-0110, filed 8/12/02, effective 9/12/02. Statutory Authority: RCW 74.08.090 and C.F.R. 436.128, 436.406(c) and 440.255. 01-05-041, § 388-438-0110, filed 2/14/01, effective 3/17/01. Statutory Authority: RCW 74.08.090, 74.04.050, 74.04.057, 74.09.530, 42 C.F.R. 435.139 and 42 C.F.R. 440.255. 99-23-082, § 388-438-0110, filed 11/16/99, effective 12/17/99. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057 and 74.08.090. 98-16-044, § 388-438-0110, filed 7/31/98, effective 9/1/98.]

     (a) The ((department's health and recovery services administration)) medicaid agency determines that the primary condition requiring treatment meets the definition of an emergency medical condition as defined in WAC ((388-500-0005)) 182-500-0030, and the condition is confirmed through review of clinical records; and

     (b) The person's qualifying emergency medical condition is treated in one of the following hospital settings:

     (i) Inpatient;

     (ii) Outpatient surgery;

     (iii) Emergency room services, which must include an evaluation and management (E&M) visit by a physician; or

     (c) Involuntary Treatment Act (ITA) and voluntary inpatient admissions to a hospital psychiatric setting that are authorized by the ((department's)) agency's inpatient mental health designee (see subsection (5) of this section).

     (2) If a person meets the criteria in subsection (1) of this section, the ((department)) agency will cover and pay for all related medically necessary health care services and professional services provided:

     (a) By ((a)) physicians in ((his)) their office or in a clinic setting immediately prior to the transfer to the hospital, resulting in a direct admission to the hospital; and

     (b) During the specific emergency room visit, outpatient surgery or inpatient admission. These services include, but are not limited to:

     (i) Medications;

     (ii) Laboratory, X ray, and other diagnostics and the professional interpretations;

     (iii) Medical equipment and supplies;

     (iv) Anesthesia, surgical, and recovery services;

     (v) Physician consultation, treatment, surgery, or evaluation services;

     (vi) Therapy services;

     (vii) Emergency medical transportation; and

     (viii) Nonemergency ambulance transportation to transfer the person from a hospital to a long term acute care (LTAC) or an inpatient physical medicine and rehabilitation (PM&R) unit, if that admission is prior authorized by the ((department)) agency or its designee as described in subsection (3) of this section.

     (3) The ((department)) agency will cover admissions to an LTAC facility or an inpatient PM&R unit if:

     (a) The original admission to the hospital meets the criteria as described in subsection (1) of this section;

     (b) The person is transferred directly to this facility from the hospital; and

     (c) The admission is prior authorized according to LTAC and PM&R program rules (see WAC ((388-550-2590)) 182-550-2590 for LTAC and WAC ((388-550-2561)) 182-550-2561 for PM&R).

     (4) The ((department)) agency does not cover any services, regardless of setting, once the person is discharged from the hospital after being treated for a qualifying emergency medical condition authorized by the ((department)) agency or its designee under this program. Exception: Pharmacy services, drugs, devices, and drug-related supplies listed in WAC ((388-530-2000)) 182-530-2000, prescribed on the same day and associated with the qualifying visit or service (as described in subsection (1) of this section) will be covered for a one-time fill and retrospectively reimbursed according to pharmacy program rules.

     (5) Medical necessity of inpatient psychiatric care in the hospital setting must be determined, and any admission must be authorized by the ((department's)) agency's inpatient mental health designee according to the requirements in WAC ((388-550-2600)) 182-550-2600.

     (6) There is no precertification or prior authorization for eligibility under this program. Eligibility for the AEM program does not have to be established before an individual begins receiving emergency treatment.

     (7) Under this program, certification is only valid for the period of time the person is receiving services under the criteria described in subsection (1) of this section. The exception for pharmacy services is also applicable as described in subsection (4) of this section.

     (a) For inpatient care, the certification is only for the period of time the person is in the hospital, LTAC, or PM&R facility - The admission date through the discharge date. Upon discharge the person is no longer eligible for coverage.

     (b) For an outpatient surgery or emergency room service the certification is only for the date of service. If the person is in the hospital overnight, the certification will be the admission date through the discharge date. Upon release from the hospital, the person is no longer eligible for coverage.

     (8) Under this program, any visit or service not meeting the criteria described in subsection (1) of this section is considered not within the scope of service categories as described in WAC ((388-501-0060)) 182-501-0060. This includes, but is not limited to:

     (a) Hospital services, care, surgeries, or inpatient admissions to treat any condition which is not considered by the ((department)) agency to be a qualifying emergency medical condition, including but not limited to:

     (i) Laboratory X ray, or other diagnostic procedures;

     (ii) Physical, occupational, speech therapy, or audiology services;

     (iii) Hospital clinic services; or

     (iv) Emergency room visits, surgery, or hospital admissions.

     (b) Any services provided during a hospital admission or visit (meeting the criteria described in subsection (1) of this section), which are not related to the treatment of the qualifying emergency medical condition;

     (c) Organ transplants, including preevaluations, post operative care, and anti-rejection medication;

     (d) Services provided outside the hospital settings described in subsection (1) of this section((,)) including, but not limited to:

     (i) Office or clinic-based services rendered by a physician, an ARNP, or any other licensed practitioner;

     (ii) Prenatal care, except labor and delivery;

     (iii) Laboratory, radiology, and any other diagnostic testing;

     (iv) School-based services;

     (v) Personal care services;

     (vi) Physical, respiratory, occupational, and speech therapy services;

     (vii) Waiver services;

     (viii) Nursing facility services;

     (ix) Home health services;

     (x) Hospice services;

     (xi) Vision services;

     (xii) Hearing services;

     (xiii) Dental services;

     (xiv) Durable and nondurable medical supplies;

     (xv) Nonemergency medical transportation;

     (xvi) Interpreter services; and

     (xvii) Pharmacy services, except as described in subsection (4) of this section.

     (9) The services listed in subsection (8) of this section are not within the scope of service categories for this program and therefore the exception to rule process is not available.

     (10) Providers must not bill the ((department)) agency for visits or services that do not meet the qualifying criteria described in this section. The ((department)) agency will identify and recover payment for claims paid in error.

[12-13-056, recodified as WAC 182-507-0115, filed 6/15/12, effective 7/1/12. Statutory Authority: RCW 74.04.050, 74.08.090, and 2009 c 564 §§ 1109, 201, 209. 10-19-085, § 388-438-0115, filed 9/17/10, effective 10/18/10.]

     (1) A person nineteen years of age or older who is not pregnant and meets the eligibility criteria under WAC ((388-438-0110)) 182-507-0110 may be eligible for the scope of service categories under this program if the condition requires:

     (a) Surgery, chemotherapy, and/or radiation therapy to treat cancer;

     (b) Dialysis to treat acute renal failure or end stage renal disease (ESRD); or

     (c) Anti-rejection medication, if the person has had an organ transplant.

     (2) When related to treating the qualifying medical condition, covered services include but are not limited to:

     (a) Physician and ARNP services, except when providing a service that is not within the scope of this medical program (as described in subsection (7) of this section);

     (b) Inpatient and outpatient hospital care;

     (c) Dialysis;

     (d) Surgical procedures and care;

     (e) Office or clinic based care;

     (f) Pharmacy services;

     (g) Laboratory, X ray, or other diagnostic studies;

     (h) Oxygen services;

     (i) Respiratory and intravenous (IV) therapy;

     (j) Anesthesia services;

     (k) Hospice services;

     (l) Home health services, limited to two visits;

     (m) Durable and nondurable medical equipment;

     (n) Nonemergency transportation; and

     (o) Interpreter services.

     (3) All hospice, home health, durable and nondurable medical equipment, oxygen and respiratory, IV therapy, and dialysis for acute renal disease services require prior authorization. Any prior authorization requirements applicable to the other services listed above must also be met according to specific program rules.

     (4) To be qualified and eligible for coverage for cancer treatment under this program, the diagnosis must be already established or confirmed. There is no coverage for cancer screening or diagnostics for a workup to establish the presence of cancer.

     (5) Coverage for dialysis under this program starts the date the person begins dialysis treatment, which includes fistula placement and other required access. There is no coverage for diagnostics or predialysis intervention, such as surgery for fistula placement anticipating the need for dialysis, or any services related to preparing for dialysis.

     (6) Certification for eligibility will range between one to twelve months depending on the qualifying condition, the proposed treatment plan, and whether the client is required to meet a spenddown liability.

     (7) The following are not within the scope of service categories for this program:

     (a) Cancer screening or work-ups to detect or diagnose the presence of cancer;

     (b) Fistula placement while the person waits to see if dialysis will be required;

     (c) Services provided by any health care professional to treat a condition not related to, or medically necessary to, treat the qualifying condition;

     (d) Organ transplants, including preevaluations and post operative care;

     (e) Health department services;

     (f) School-based services;

     (g) Personal care services;

     (h) Physical, occupational, and speech therapy services;

     (i) Audiology services;

     (j) Neurodevelopmental services;

     (k) Waiver services;

     (l) Nursing facility services;

     (m) Home health services, more than two visits;

     (n) Vision services;

     (o) Hearing services;

     (p) Dental services, unless prior authorized and directly related to dialysis or cancer treatment;

     (q) Mental health services;

     (r) Podiatry services;

     (s) Substance abuse services; and

     (t) Smoking cessation services.

     (8) The services listed in subsection (7) of this section are not within the scope of service categories for this program. The exception to rule process is not available.

     (9) Providers must not bill the ((department)) agency for visits or services that do not meet the qualifying criteria described in this section.

[12-13-056, recodified as WAC 182-507-0120, filed 6/15/12, effective 7/1/12. Statutory Authority: RCW 74.04.050, 74.08.090, and 2009 c 564 §§ 1109, 201, 209. 10-19-085, § 388-438-0120, filed 9/17/10, effective 10/18/10.]