WSR 14-17-044
(Washington Apple Health)
[Filed August 14, 2014, 10:58 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-060.
Title of Rule and Other Identifying Information: WAC 182-543-6000 DME and related supplies, medical supplies and related servicesNoncovered.
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 or directions can be obtained by calling (360) 725-1000), on September 23, 2014, at 10:00 a.m.
Date of Intended Adoption: Not sooner than September 24, 2014.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail, fax (360) 586-9727, by 5:00 p.m. on September 23, 2014.
Assistance for Persons with Disabilities: Contact Kelly Richters by September 15, 2014, TTY (800) 848-5429 or (360) 725-1307 or e-mail
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Remove lumbar supports for pregnancy from the list of personal and/or comfort items which the agency does not cover.
Reasons Supporting Proposal: Lumbar supports require prior authorization.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160.
Statute Being Implemented: RCW 41.05.021, 41.05.160.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Wendy Barcus, HCA, Rules and Publications, (360) 725-1306; Implementation and Enforcement: Erin Mayo, HCA, Health Care Services, (360) 725-1729.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed rules and concludes they do not impose more than minor costs for affected small businesses.
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.
August 14, 2014
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 14-08-035, filed 3/25/14, effective 4/25/14)
WAC 182-543-6000 DME and related supplies, medical supplies and related servicesNoncovered.
The medicaid agency pays for DME and related supplies, medical supplies and related services only when listed as covered in this chapter. The agency evaluates a request for any durable medical equipment (DME) and related supplies, prosthetics, orthotics, and medical supplies listed as noncovered in this chapter under the provisions of WAC 182-501-0160. In addition to the noncovered services found in WAC 182-501-0070, the agency does not cover:
(1) A client's utility bills, even if the operation or maintenance of medical equipment purchased or rented by the agency for the client contributes to an increased utility bill;
(2) Instructional materials such as pamphlets and video tapes;
(3) Hairpieces or wigs;
(4) Material or services covered under manufacturers' warranties;
(5) Shoe lifts less than one inch, arch supports for flat feet, and nonorthopedic shoes;
(6) Supplies and equipment used during a physician office visit, such as tongue depressors and surgical gloves;
(7) Prosthetic devices dispensed for cosmetic reasons;
(8) Home improvements and structural modifications, including but not limited to the following:
(a) Automatic door openers for the house or garage;
(b) Electrical rewiring for any reason;
(c) Elevator systems and elevators;
(d) Installation of, or customization of existing, bathtubs or shower stalls;
(e) Lifts or ramps for the home;
(f) Overhead ceiling track lifts;
(g) Saunas;
(h) Security systems, burglar alarms, call buttons, lights, light dimmers, motion detectors, and similar devices;
(i) Swimming pools; and
(j) Whirlpool systems, such as jacuzzis, hot tubs, or spas.
(9) Nonmedical equipment, supplies, and related services, including but not limited to, the following:
(a) Back-packs, pouches, bags, baskets, or other carrying containers;
(b) Bedboards/conversion kits, and blanket lifters (e.g., for feet);
(c) Car seats for children seven years of age and younger or less than four feet nine inches tall, except for prior authorized positioning car seats under WAC 182-543-3200;
(d) Cleaning brushes and supplies, except for ostomy-related cleaners/supplies;
(e) Diathermy machines used to produce heat by high frequency current, ultrasonic waves, or microwave radiation;
(f) Electronic communication equipment, installation services, or service rates, including but not limited to, the following:
(i) Devices intended for amplifying voices (e.g., microphones);
(ii) Interactive communications computer programs used between patients and health care providers (e.g., hospitals, physicians), for self care home monitoring, or emergency response systems and services;
(iii) Two-way radios;
(iv) Rental of related equipment or services; and
(v) Devices requested for the purpose of education.
(g) Environmental control devices, such as air conditioners, air cleaners/purifiers, dehumidifiers, portable room heaters or fans (including ceiling fans), heating or cooling pads, and light boxes;
(h) Ergonomic equipment;
(i) DME that is used in a clinical setting;
(j) Exercise classes or equipment such as exercise mats, exercise balls, bicycles, tricycles, stair steppers, weights, or trampolines;
(k) Generators;
(l) Computer software other than speech generating software, printers, and computer accessories (such as anti-glare shields, backup memory cards);
(m) Computer utility bills, telephone bills, internet service bills, or technical support for computers or electronic notebooks;
(n) Any communication device that is useful to someone without severe speech impairment (including but not limited to cellular telephone and associated hardware, walkie-talkie, two-way radio, pager, or electronic notebook);
(o) Racing strollers/wheelchairs and purely recreational equipment;
(p) Room fresheners/deodorizers;
(q) Bidet or hygiene systems, "sharps" containers, paraffin bath units, and shampoo rings;
(r) Timers or electronic devices to turn things on or off, which are not an integral part of the equipment;
(s) Vacuum cleaners, carpet cleaners/deodorizers, and/or pesticides/insecticides; or
(t) Wheeled reclining chairs, lounge and/or lift chairs (including but not limited to geri-chair, posture guard, or lazy boy).
(10) Blood pressure monitoring:
(a) Sphygmomanometer/blood pressure apparatus with cuff and stethoscope;
(b) Blood pressure cuff only; and
(c) Automatic blood pressure monitor.
(11) Transcutaneous electrical nerve stimulation (TENS) devices and supplies, including battery chargers;
(12) Functional electrical stimulation (FES) bike;
(13) Wearable defibrillators;
(14) Disinfectant spray;
(15) Periwash;
(16) Bathroom equipment used inside or outside of the physical space of a bathroom:
(a) Bath stools;
(b) Bathtub wall rail (grab bars);
(c) Bed pans;
(d) Bedside commode chair;
(e) Control unit for electronic bowel irrigation/evacuation system;
(f) Disposable pack for use with electronic bowel system;
(g) Potty chairs;
(h) Raised toilet seat;
(i) Safety equipment (including but not limited to belt, harness or vest);
(j) Shower chairs;
(k) Shower/commode chairs;
(l) Sitz type bath or equipment;
(m) Standard and heavy duty bath chairs;
(n) Toilet rail;
(o) Transfer bench for tub or toilet;
(p) Urinal male/female.
(17) Personal and/or comfort items, including but not limited to the following:
(a) Bathroom and hygiene items, such as antiperspirant, astringent, bath gel, conditioner, deodorant, moisturizer, mouthwash, powder, shampoo, shaving cream, shower cap, shower curtains, soap (including antibacterial soap), toothpaste, towels, and weight scales;
(b) Full electric beds;
(c) Bedding items, such as mattress pads, blankets, mattress covers/bags, pillows, pillow cases/covers, sheets, and bumper pads;
(d) Bedside items, such as bed trays, carafes, and over-the-bed tables;
(e) Clothing and accessories, such as coats, gloves (including wheelchair gloves), hats, scarves, slippers, socks, custom vascular supports (CVS), surgical stockings, gradient compression stockings, and custom compression garments ((and lumbar supports for pregnancy));
(f) Clothing protectors, surgical masks, and other protective cloth furniture coverings;
(g) Cosmetics, including corrective formulations, hair depilatories, and products for skin bleaching, commercial sun screens, and tanning;
(h) Diverter valves and handheld showers for bathtub;
(i) Eating/feeding utensils;
(j) Emesis basins, enema bags, and diaper wipes;
(k) Health club memberships;
(l) Hot or cold temperature food and drink containers/holders;
(m) Hot water bottles and cold/hot packs or pads not otherwise covered by specialized therapy programs;
(n) Impotence devices;
(o) Insect repellants;
(p) Massage equipment;
(q) Medication dispensers, such as med-collators and count-a-dose, except as obtained under the compliance packaging program. See chapter 182-530 WAC;
(r) Medicine cabinet and first-aid items, such as adhesive bandages (e.g., Band-Aids, Curads), cotton balls, cotton-tipped swabs, medicine cups, thermometers, and tongue depressors;
(s) Page turners;
(t) Radio and television;
(u) Telephones, telephone arms, cellular phones, electronic beepers, and other telephone messaging services;
(v) Toothettes and toothbrushes, waterpics, and periodontal devices whether manual, battery-operated, or electric;
(18) Certain wheelchair features and options including, but not limited to, the following:
(a) Attendant controls (remote control devices);
(b) Canopies, including those used for strollers and other equipment;
(c) Clothing guards to protect clothing from dirt, mud, or water thrown up by the wheels (similar to mud flaps for cars);
(d) Decals;
(e) Hub Lock brake;
(f) Identification devices (such as labels, license plates, or name plates);
(g) Lighting systems;
(h) Replacement key or extra key;
(i) Speed conversion kits; and
(j) Trays for clients in a skilled nursing facility.
(19) New DME, supplies, or related technology that the agency has not evaluated for coverage. See WAC 182-543-2100.