WSR 15-01-186
(Washington Apple Health)
[Filed December 23, 2014, 5:16 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-19-037.
Title of Rule and Other Identifying Information: WAC 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 106B, 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 January 27, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than January 28, 2015.
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 January 27, 2015.
Assistance for Persons with Disabilities: Contact Kelly Richters by January 19, 2015, 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: The agency is updating language to include treatment for life threatening benign tumors.
The updated language reflects the original intent of the rule.
Reasons Supporting Proposal: See Purpose statement above.
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: Amy Emerson, P.O. Box 42716, Olympia, WA 98504-2716, (360) 725-1348; Implementation and Enforcement: Lisa Humphrey, P.O. Box 45506, Olympia, WA 98504-5506, (360) 725-1617.
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.
December 23, 2014
Kevin M. Sullivan
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-24-038, filed 11/29/12, effective 12/30/12)
WAC 182-507-0120 Alien medical for dialysis and cancer treatment, and treatment of life-threatening benign tumors.
In addition to the provisions for emergency care described in WAC 182-507-0115, the medicaid agency also considers the conditions in this section as an emergency, as defined in WAC 182-500-0030.
(1) A person nineteen years of age or older who is not pregnant and meets the eligibility criteria under WAC 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 or life-threatening benign tumors;
(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 or treatment of life-threatening benign tumors 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 or life-threatening benign tumors.
(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 or life-threatening benign tumors;
(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 agency for visits or services that do not meet the qualifying criteria described in this section.