WSR 18-04-021
[Filed January 29, 2018, 10:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-23-149.
Title of Rule and Other Identifying Information: WAC 182-531-1500 Sleep studies.
Hearing Location(s): On March 13, 2018, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal 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.
Date of Intended Adoption: Not sooner than March 14, 2018.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email, fax 360-586-9727, by March 13, 2018.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, TTY 800-848-5429 or 711, email, by March 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending this rule to revise the requirements for a sleep center to become an agency-approved center of excellence. The agency plans to reduce the number of documents that must be submitted for each sleep center. The agency will instead use the sleep center's certification by the American Academy of Sleep Medicine, which requires the same documentation as listed in the current rule.
Reasons Supporting Proposal: See purpose 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: Melinda Froud, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1408; Implementation and Enforcement: Joan Chappell, P.O. Box 45502, Olympia, WA 98504-5502, 360-725-1071.
A school district fiscal impact statement is not required under RCW 28A.305.135.
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.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The rules does not impose any costs on businesses.
January 29, 2018
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-13-158, filed 6/22/16, effective 7/23/16)
WAC 182-531-1500 Sleep studies.
(1) Purpose. For the purposes of this section, sleep studies include polysomnography (PSG), unattended home sleep test (HST), and multiple sleep latency testing (MSLT). The medicaid agency covers attended, full-channel, PSG, MSLT, and unattended HSTs when:
(a) Ordered by the client's physician;
(b) Performed by an agency-designated center of excellence (COE) that is an independent diagnostic testing facility, sleep laboratory, or outpatient hospital; and
(c) Results are used to:
(i) Establish a diagnosis of narcolepsy or sleep apnea; or
(ii) Evaluate a client's response to therapy, such as continuous positive airway pressure (CPAP).
(2) Definitions. The following definitions, those found in chapter 182-500 WAC, and definitions found in other sections of this chapter, apply to this section:
(a) "American Academy of Sleep Medicine" or "AASM" - The only professional society dedicated exclusively to the medical subspecialty of sleep medicine. AASM sets standards and promotes excellence in health care, education, and research. Members specialize in studying, diagnosing, and treating disorders of sleep and daytime alertness such as insomnia, narcolepsy, and obstructive sleep apnea.
(b) "Continuous positive airway pressure" or "CPAP" - See WAC 182-552-0005.
(c) "Core provider agreement" or "CPA" - The basic contract the agency holds with providers serving medical assistance clients.
(d) "Multiple sleep latency test" or "MSLT" - A sleep disorder diagnostic tool used to measure the time elapsed from the start of a daytime nap period to the first signs of sleep, called sleep latency. The MSLT is used extensively to test for narcolepsy, to distinguish between physical tiredness and true excessive daytime sleepiness, or to assess whether treatments for breathing disorders are working.
(e) "Obstructive sleep apnea" or "OSA" - See WAC 182-552-0005.
(f) "Polysomnogram" - The test results from a polysomnography.
(g) "Polysomnography" - A multiparametric test that electronically transmits and records specific physical activities while a person sleeps. The recordings become data that are analyzed by a qualified sleep specialist to determine whether or not a person has a sleep disorder.
(h) "PSG" - The abbreviation for both "polysomnography" and "polysomnogram."
(i) "Registered polysomnographic technologist" or "RPSGT" - A sleep technologist credentialed by the board of registered polysomnographic technologists to assist sleep specialists in the clinical assessment, physiological monitoring and testing, diagnosis, management, and prevention of sleep-related disorders with the use of various diagnostic and therapeutic tools. These tools include, but are not limited to, polysomnograph, positive airway pressure devices, oximeter, capnograph, actigraph, nocturnal oxygen, screening devices, and questionnaires. To become certified as a registered polysomnographic technologist, a sleep technologist must have the necessary clinical experience, hold CPR certification or its equivalent, adhere to the board of registered polysomnographic technologists standards of conduct, and pass the registered polysomnographic technologist examination for polysomnographic technologists.
(3) Client eligibility. Clients in the following agency programs are eligible to receive sleep studies as described in this section:
(a) Categorically needy (CN);
(b) Apple health for kids and other children's medical assistance programs as defined in WAC 182-505-0210;
(c) Medical care services as described in WAC 182-508-0005 (within Washington state or border areas only); and
(d) Medically needy (MN) only when the client is either:
(i) Twenty years of age or younger and referred by a screening provider under the early and periodic screening, diagnosis, and treatment program as described in chapter 182-534 WAC; or
(ii) Receiving home health care services as described in chapter 182-551 WAC, subchapter II.
(4) Provider requirements. To be paid for providing sleep studies as described in this section to eligible clients, the facility must:
(a) Be a sleep study COE. Refer to subsection (5) of this section for information on becoming an agency-approved sleep study COE;
(b) Be currently accredited by AASM and continuously meet the accreditation standards of AASM;
(c) Have at least one physician on staff who is board certified in sleep medicine; and
(d) Have at least one registered polysomnographic technologist (RPSGT) in the sleep lab when studies are being performed.
(5) Documentation.
(a) To become an agency-approved COE, a sleep center must send the following documentation to the Health Care Authority, c/o Provider Enrollment, P.O. Box 45510, Olympia, WA 98504-5510:
(i) A completed CPA; and
(ii) ((Copies)) A copy of the ((following:
(A) The)) sleep center's current accreditation certificate by AASM((;
(B) Either of the following certifications for at least one physician on staff:
(I) Current certification in sleep medicine by the American Board of Sleep Medicine (ABSM); or
(II) Current subspecialty certification in sleep medicine by a member of the American Board of Medical Specialties (ABMS); and
(C) The certification of an RPSGT who is employed by the sleep center)).
(b) Facilities accredited by the AASM must be in compliance with all accreditation standards at the time of application and throughout the accreditation period.
(c) Sleep centers must request reaccreditation from AASM in time to avoid expiration of COE status with the agency.
(((c))) (d) At least one physician on staff at the sleep center must be board certified in sleep medicine. If the only physician on staff who is board certified in sleep medicine resigns, the sleep center must ensure another physician on staff at the sleep center obtains board certification or another board-certified physician is hired. The sleep center must then send provider enrollment a copy of the physician's board certification.
(((d))) (e) If a certified medical director leaves a COE, the COE status does not transfer with the medical director to another sleep center.
(((e))) (f) The COE must maintain a record of the physician's order for the sleep study.
(6) Coverage.
(a) The agency pays for only medically necessary sleep studies. The need for the sleep study must be confirmed by medical evidence (e.g., physician examination and laboratory tests).
(b) For clients age twenty-one and older, the agency covers:
(i) An unattended home sleep test (HST) as follows:
(A) Using one of the following HST devices:
(I) Type II home sleep monitoring device;
(II) Type III home sleep monitoring device; or
(III) Type IV home sleep monitoring device that measures at least three channels.
(B) To confirm obstructive sleep apnea (OSA) in an individual with signs or symptoms consistent with OSA (e.g., loud snoring, awakening with gasping or choking, excessive daytime sleepiness, observed cessation of breathing during sleep, etc.).
(ii) Full-night, in-laboratory PSG for either of the following:
(A) Confirmation of obstructive sleep apnea (OSA) in an individual with signs or symptoms consistent with OSA (e.g., loud snoring, awakening with gasping or choking, excessive daytime sleepiness, observed cessation of breathing during sleep, etc.); or
(B) Titration of positive airway pressure therapy when initial PSG confirms the diagnosis of OSA, and positive airway pressure is ordered; or
(iii) Split-night, in-laboratory PSG in which the initial diagnostic portion of the PSG is followed by positive airway pressure titration when the PSG meets either of the following criteria:
(A) The apnea-hypopnea index (AHI) or respiratory disturbance index (RDI) is greater than or equal to fifteen events per hour; or
(B) The AHI or RDI is greater than or equal to five and less than or equal to fourteen events per hour with documentation of either of the following:
(I) Excessive daytime sleepiness, impaired cognition, mood disorders, or insomnia; or
(II) Hypertension, ischemic heart disease, or history of stroke.
(c) The agency considers any of the following indications medically necessary for clients age twenty and younger:
(i) OSA suspected based on clinical assessment;
(ii) Obesity, Trisomy 21, craniofacial abnormalities, neuromuscular disorders, sickle cell disease, or mucopolysaccharidosis (MPS), prior to adenotonsillectomy in a child;
(iii) Residual symptoms of OSA following mild preoperative OSA;
(iv) Residual symptoms of OSA in a child with preoperative evidence of moderate to severe OSA, obesity, craniofacial anomalies that obstruct the upper airway, or neurologic disorder following adenotonsillectomy;
(v) Titration of positive airway pressure in a child with OSA;
(vi) Suspected congenital central alveolar hypoventilation syndrome or sleep related hypoventilation due to neuromuscular disorder or chest wall deformities;
(vii) Primary apnea of infancy;
(viii) Evidence of a sleep-related breathing disorder in an infant who has experienced an apparent life threatening event;
(ix) Child being considered for adenotonsillectomy to treat OSA; or
(x) Clinical suspicion of an accompanying sleep-related breathing disorder in a child with chronic asthma, cystic fibrosis, pulmonary hypertension, bronchopulmonary dysplasia, or chest wall abnormality.
(7) Noncoverage. The agency does not cover sleep studies:
(a) When documentation for a repeat study does not indicate medical necessity (e.g., no new clinical documentation indicating the need for a repeat study); or
(b) For the following indications, except when an underlying physiology exists (e.g., loud snoring, awakening with gasping or choking, excessive daytime sleepiness, observed cessation of breathing during sleep, etc.):
(i) Chronic insomnia; and
(ii) Snoring.