WSR 18-06-048
[Filed March 2, 2018, 9:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-087.
Title of Rule and Other Identifying Information: WAC 182-550-3830 Adjustments to inpatient rates and 182-550-7300 OPPSPayment limitations.
Hearing Location(s): On April 10, 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 April 11, 2018.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email, fax 360-586-9727, by April 10, 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 April 6, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is amending WAC 182-550-3830 Adjustments to inpatient rates, to make changes to the timing of adjusting inpatient rates. The agency is amending WAC 182-550-7300 OPPSPayment limitations, to strike subsection (5) that limits the agency's payment to the total billed charges.
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: Katie Pounds, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1346; Implementation and Enforcement: Grant Stromsdorfer, P.O. Box 45500, Olympia, WA 98504-5500, 360-725-1678.
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 updates to WAC 182-550-3830 and 182-550-7300 do not impose additional compliance costs or requirements on providers.
March 2, 2018
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-10-014, filed 4/23/15, effective 5/24/15)
WAC 182-550-3830 Adjustments to inpatient rates.
(1) The medicaid agency updates all of the following components of a hospital's specific diagnosis-related group (DRG) factor and per diem rates ((between rebasing periods)) at rebase:
(a) ((Effective July 1st of each year, the agency updates all of the following:
(i))) Wage index adjustment;
(((ii))) (b) Direct graduate medical education (DGME); and
(((iii))) (c) Indirect medical education (IME).
(((b))) (2) Effective January 1, 2015, the agency updates the sole community hospital adjustment.
(((2))) (3) The agency does not update the statewide average DRG factor between rebasing periods, except:
(a) To satisfy the budget neutrality conditions in WAC 182-550-3850; and
(b) When directed by the legislature.
(((3))) (4) The agency updates the wage index to reflect current labor costs in the core-based statistical area (CBSA) where a hospital is located. The agency:
(a) Determines the labor portion by multiplying the base factor or rate by the labor factor established by medicare; then
(b) Multiplies the amount in (a) of this subsection by the most recent wage index information published by the Centers for Medicare and Medicaid Services (CMS) when the rates are set; then
(c) Adds the nonlabor portion of the base rate to the amount in (b) of this subsection to produce a hospital-specific wage adjusted factor.
(((4))) (5) DGME. The agency obtains DGME information from the hospital's most recently filed medicare cost report that is available in the CMS health care cost report information system (HCRIS) dataset.
(a) The hospital's medicare cost report must cover a period of twelve consecutive months in its medicare cost report year.
(b) If a hospital's medicare cost report is not available on HCRIS, the agency may use the CMS Form 2552-10 to calculate DGME.
(c) If a hospital has not submitted a CMS medicare cost report in more than eighteen months from the end of the hospital's cost reporting period, the agency considers the current DGME costs to be zero.
(d) The agency calculates the hospital-specific DGME by dividing the DGME cost reported on worksheet B, part 1 of the CMS cost report by the adjusted total costs from the CMS cost report.
(((5))) (6) IME. The agency sets the IME adjustment equal to the "IME adjustment factor for Operating PPS" available in the most recent CMS final rule impact file on CMS's web site as of May 1st of the rate-setting year.
(((6))) (7)(a) Effective January 1, 2015, the agency multiplies the hospital's specific conversion factor and per diem rates by 1.25 if the hospital meets the criteria in this subsection.
(b) The agency considers an in-state hospital to qualify for the rate enhancement if all of the following conditions apply. The hospital must:
(i) Be certified by CMS as a sole community hospital as of January 1, 2013;
(ii) Have a level III adult trauma service designation from the department of health as of January 1, 2014;
(iii) Have less than one hundred fifty acute care licensed beds in fiscal year 2011; and
(iv) Be owned and operated by the state or a political subdivision.
(v) Not participate in the certified public expenditures (CPE) payment program defined in WAC 182-550-4650.
AMENDATORY SECTION (Amending WSR 14-14-049, filed 6/25/14, effective 7/26/14)
WAC 182-550-7300 OPPSPayment limitations.
(1) The medicaid agency limits payment for covered outpatient hospital services to the current published maximum allowable units of services listed in the outpatient fee schedule published on the agency's web site, subject to the following limitations:
(a) To receive payment for services, providers must bill claims according to national correct coding initiative (NCCI) standards. When a unit limit for services is not stated in the outpatient fee schedule, the agency pays for services according to the program's unit limits stated in applicable WAC and published provider guides.
(b) The average resource, including units of service, are factored into the enhanced ambulatory patient group (EAPG) weight determination, and the allowable units of service for EAPGs is equal to one.
(2) The following service categories are included in the EAPG payment for significant procedure(s) on the claim and do not receive separate payments under EAPG:
(a) Services classified as the same or clinically related to the main significant procedure;
(b) Routine ancillary services;
(c) Chemotherapy services grouped as class I, class II, or minor; and
(d) Pharmacotherapy services grouped as class I, class II, or minor.
(3) The agency reduces the EAPG payment by fifty percent based on the default EAPG grouper settings for services subject to one or more of the following discounts:
(a) Multiple procedures;
(b) Repeat ancillary services; or
(c) A terminated procedure.
(4) The agency limits outpatient services billing to one claim per episode of care. If any line of the claim is denied, or a service that was provided was not stated on the initial submitted claim, the agency requires the entire claim to be adjusted.
(((5) The agency limits payments to the total billed charges.))