WSR 19-20-108
[Filed October 2, 2019, 8:26 a.m.]
Subject of Possible Rule Making: WAC 182-546-5100 Nonemergency transportation (NEMT)Definitions, 182-546-5550 NEMTExclusions and limitations, 182-546-5900 NEMTMeals, lodging, escort/guardian, 182-546-6200 NEMTReimbursement, and other related rules as appropriate.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 41.05.021, 41.05.160; 42 C.F.R. 431.53 and 440.170.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The agency is revising these sections to clarify services in accordance with 42 C.F.R. 431.53 and 440.170. Specifically, the agency is considering:
(1) Revising the definition of "extended stay" to mean a period of time spanning thirty consecutive days, revising the definition of "short stay" to mean a period of time spanning twenty-nine days, and adding a definition for service animal;
(2) Revising WAC 182-546-5550 (exclusion and limitations) to include substance use disorder;
(3) Revising where NEMT is not provided;
(4) Clarifying that NEMT for clients in the program of all-inclusive care for elderly (PACE) program is the responsibility of the PACE contractor and is not provided through brokers;
(5) Adding a requirement that brokers may not authorize payment for alcohol, cannabis, or other nonfood items;
(6) Clarifying that for short stays, the cost of meals may not exceed the state per diem rate;
(7) Revising the requirement that receipts for mileage, fuel, parking, bridge tolls, or ferry fees must be itemized.
During the course of this review, the agency may identify additional related changes that are required in order to improve clarity or update policy.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Center for Medicare and Medicaid Services.
Process for Developing New Rule: The agency welcomes the public to take part in developing this rule. If interested, contact the person identified below to receive an early rule draft to review. After the early review, the agency will send a notice of proposed rule making (CR-102) to everyone receiving this notice and anyone who requests a copy.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Valerie Smith, P.O. Box 42716, Olympia, WA 98504-2716, phone 360-725-1344, fax 360-586-9727, telecommunication relay services (TRS) 711, email, web site; or James Walters, P.O. Box 45530, Olympia, WA 98504-5530, phone 360-725-1721, fax 360-586-9727, TRS 711, email, web site
October 2, 2019
Wendy Barcus
Rules Coordinator