WSR 18-07-041 PROPOSED RULES HEALTH CARE AUTHORITY [Filed March 13, 2018, 3:30 p.m.] Original Notice.
Preproposal statement of inquiry was filed as WSR 18-01-134. Title of Rule and Other Identifying Information: WAC 182-535-1084 Dental-related services—Covered—Restorative services. Hearing Location(s): On April 24, 2018, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, 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 www.hca.wa.gov/documents/directions_to_csp.pdf, or directions can be obtained by calling 360-725-1000. Date of Intended Adoption: Not sooner than April 26, 2018. Submit Written Comments to: HCA Rules Coordinator, P.O. Box 42716, Olympia, WA 98504-2716, email arc@hca.wa.gov, fax 360-586-9727, by April 24, 2018. Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, TTY 800-848-5429 or 711, email amber.lougheed@hca.wa.gov, by April 20, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is revising WAC 182-535-1084 to (1) allow for payment of silver diamine fluoride as a topical preventative agent in lieu of the topical fluoride treatment; (2) clarify that the coverage policy for silver diamine fluoride is per tooth not to exceed six teeth per visit in a twelve-month period; and (3) clarify that silver diamine fluoride cannot be performed and billed with interim therapeutic restoration on the same tooth when arresting caries or as a preventive agent. Reasons Supporting Proposal: This revision aligns with the department of health's (DOH) decision to designate silver diamine fluoride as a topical preventative agent in lieu of the topical fluoride treatment and DOH's confirmation that silver diamine fluoride is within the scope of practice for dental hygienists working under RCW 18.29.056. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: HCA, governmental. Name of Agency Personnel Responsible for Drafting: Vance Taylor, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1344; Implementation and Enforcement: Ruth Needham, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-9967. 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. This change aligns with DOH's decision and allows for coverage of silver diamine fluoride to be used as a topical preventative agent in lieu of the topical fluoride treatment. This change has no cost impact on businesses. March 13, 2018 Wendy Barcus Rules Coordinator
AMENDATORY SECTION (Amending WSR 17-20-097, filed 10/3/17, effective 11/3/17)
WAC 182-535-1084 Dental-related services—Covered—Restorative services.
Clients described in WAC 182-535-1060 are eligible for the dental-related restorative services listed in this section, subject to coverage limitations, restrictions, and client age requirements identified for a specific service.
(1) Amalgam and resin restorations for primary and permanent teeth. The medicaid agency considers:
(a) Tooth preparation, acid etching, all adhesives (including bonding agents), liners and bases, indirect and direct pulp capping, polishing, and curing as part of the restoration.
(b) Occlusal adjustment of either the restored tooth or the opposing tooth or teeth as part of the restoration.
(c) Restorations placed within six months of a crown preparation by the same provider or clinic to be included in the payment for the crown.
(2) Limitations for all restorations. The agency:
(a) Considers multiple restoration involving the proximal and occlusal surfaces of the same tooth as a multisurface restoration, and limits reimbursement to a single multisurface restoration.
(b) Considers multiple restorative resins, flowable composite resins, or resin-based composites for the occlusal, buccal, lingual, mesial, and distal fissures and grooves on the same tooth as a one-surface restoration.
(c) Considers multiple restorations of fissures and grooves of the occlusal surface of the same tooth as a one-surface restoration.
(d) Considers resin-based composite restorations of teeth where the decay does not penetrate the dentinoenamel junction (DEJ) to be sealants. (See WAC 182-535-1082 for sealant coverage.)
(e) Reimburses proximal restorations that do not involve the incisal angle on anterior teeth as a two-surface restoration.
(f) Covers only one buccal and one lingual surface per tooth. The agency reimburses buccal or lingual restorations, regardless of size or extension, as a one-surface restoration.
(g) Does not cover preventive restorative resin or flowable composite resin on the interproximal surfaces (mesial or distal) when performed on posterior teeth or the incisal surface of anterior teeth.
(h) Does not pay for replacement restorations within a two-year period unless the restoration is cracked or broken or has an additional adjoining carious surface. The agency pays for the replacement restoration as one multisurface restoration. The client's record must include X rays or documentation supporting the medical necessity for the replacement restoration.
(3) Additional limitations for restorations on primary teeth. The agency covers:
(a) A maximum of two surfaces for a primary first molar. (See subsection (6) of this section for a primary first molar that requires a restoration with three or more surfaces.) The agency does not pay for additional restorations on the same tooth.
(b) A maximum of three surfaces for a primary second molar. (See subsection (6) of this section for a primary posterior tooth that requires a restoration with four or more surfaces.) The agency does not pay for additional restorations on the same tooth.
(c) A maximum of three surfaces for a primary anterior tooth. (See subsection (6) of this section for a primary anterior tooth that requires a restoration with four or more surfaces.) The agency does not pay for additional restorations on the same tooth after three surfaces.
(4) Additional limitations for restorations on permanent teeth. The agency covers:
(a) Two occlusal restorations for the upper molars on teeth one, two, three, fourteen, fifteen, and sixteen if, the restorations are anatomically separated by sound tooth structure.
(b) A maximum of five surfaces per tooth for permanent posterior teeth, except for upper molars. The agency allows a maximum of six surfaces per tooth for teeth one, two, three, fourteen, fifteen, and sixteen.
(c) A maximum of six surfaces per tooth for resin-based composite restorations for permanent anterior teeth.
(5) Crowns. The agency:
(a) Covers the following indirect crowns once every five years, per tooth, for permanent anterior teeth for clients age fifteen through twenty when the crowns meet prior authorization criteria in WAC 182-535-1220 and the provider follows the prior authorization requirements in (c) of this subsection:
(i) Porcelain/ceramic crowns to include all porcelains, glasses, glass-ceramic, and porcelain fused to metal crowns; and
(ii) Resin crowns and resin metal crowns to include any resin-based composite, fiber, or ceramic reinforced polymer compound.
(b) Considers the following to be included in the payment for a crown:
(i) Tooth and soft tissue preparation;
(ii) Amalgam and resin-based composite restoration, or any other restorative material placed within six months of the crown preparation. Exception: The agency covers a one-surface restoration on an endodontically treated tooth, or a core buildup or cast post and core;
(iii) Temporaries, including but not limited to, temporary restoration, temporary crown, provisional crown, temporary prefabricated stainless steel crown, ion crown, or acrylic crown;
(iv) Packing cord placement and removal;
(v) Diagnostic or final impressions;
(vi) Crown seating (placement), including cementing and insulating bases;
(vii) Occlusal adjustment of crown or opposing tooth or teeth; and
(viii) Local anesthesia.
(c) Requires the provider to submit the following with each prior authorization request:
(i) Radiographs to assess all remaining teeth;
(ii) Documentation and identification of all missing teeth;
(iii) Caries diagnosis and treatment plan for all remaining teeth, including a caries control plan for clients with rampant caries;
(iv) Pre- and post-endodontic treatment radiographs for requests on endodontically treated teeth; and
(v) Documentation supporting a five-year prognosis that the client will retain the tooth or crown if the tooth is crowned.
(d) Requires a provider to bill for a crown only after delivery and seating of the crown, not at the impression date.
(6) Other restorative services. The agency covers the following restorative services:
(a) All recementations of permanent indirect crowns.
(b) Prefabricated stainless steel crowns, including stainless steel crowns with resin window, resin-based composite crowns (direct), prefabricated esthetic coated stainless steel crowns, and prefabricated resin crowns for primary anterior teeth once every three years only for clients age twenty and younger as follows:
(i) For age twelve and younger without prior authorization if the tooth requires a four or more surface restoration; and
(ii) For age thirteen through twenty with prior authorization.
(c) Prefabricated stainless steel crowns, including stainless steel crowns with resin window, resin-based composite crowns (direct), prefabricated esthetic coated stainless steel crowns, and prefabricated resin crowns, for primary posterior teeth once every three years without prior authorization if:
(i) Decay involves three or more surfaces for a primary first molar;
(ii) Decay involves four or more surfaces for a primary second molar; or
(iii) The tooth had a pulpotomy.
(d) Prefabricated stainless steel crowns, including stainless steel crowns with resin window, and prefabricated resin crowns, for permanent posterior teeth excluding one, sixteen, seventeen, and thirty-two once every three years, for clients age twenty and younger, without prior authorization.
(e) Prefabricated stainless steel crowns for clients of the developmental disabilities administration of the department of social and health services (DSHS) without prior authorization according to WAC 182-535-1099.
(f) Core buildup, including pins, only on permanent teeth, only for clients age twenty and younger, and only allowed in conjunction with crowns and when prior authorized. For indirect crowns, prior authorization must be obtained from the agency at the same time as the crown. Providers must submit pre- and post-endodontic treatment radiographs to the agency with the authorization request for endodontically treated teeth.
(g) Cast post and core or prefabricated post and core, only on permanent teeth, only for clients age twenty and younger, and only when in conjunction with a crown and when prior authorized.
(7) Silver diamine fluoride. The agency covers silver diamine fluoride ((per application)), as follows:
(a) Allowed only when used ((for stopping the progression of caries only;)):
(i) For stopping the progression of caries; or
(ii) As a topical preventative agent in lieu of the topical fluoride treatment found in WAC 182-535-1082(2).
(b) ((May be provided)) Allowed two times per client, per tooth. Not to exceed six teeth per visit in a twelve-month period((; and)).
(c) Cannot be performed and billed with interim therapeutic restoration on the same tooth when arresting caries or as a preventive agent.
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