Seizure detection devices

AN ACT Relating to seizure detection devices; and amending RCW 1
74.09.520. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 74.09.520 and 2025 c 367 s 1 are each amended to 4
read as follows: 5
(1) The term "medical assistance" may include the following care 6
and services subject to rules adopted by the authority or department: 7
(a) Inpatient hospital services; (b) outpatient hospital services; 8
(c) other laboratory and X-ray services; (d) nursing facility 9
services; (e) physicians' services, which shall include prescribed 10
medication and instruction on birth control devices; (f) medical 11
care, or any other type of remedial care as may be established by the 12
secretary or director; (g) home health care services; (h) private 13
duty nursing services; (i) dental services; (j) physical and 14
occupational therapy and related services; (k) prescribed drugs, 15
dentures, and prosthetic devices; and eyeglasses prescribed by a 16
physician skilled in diseases of the eye or by an optometrist, 17
whichever the individual may select; (l) personal care services, as 18
provided in this section; (m) hospice services; (n) other diagnostic, 19
screening, preventive, and rehabilitative services; and (o) like 20
services when furnished to a child by a school district in a manner 21
H-3191.1
HOUSE BILL 2677
State of Washington 69th Legislature 2026 Regular Session
By Representative Kloba
Read first time 01/27/26. Referred to Committee on Health Care &
Wellness.
p. 1 HB 2677
consistent with the requirements of this chapter. For the purposes of 1
this section, neither the authority nor the department may cut off 2
any prescription medications, oxygen supplies, respiratory services, 3
or other life-sustaining medical services or supplies.4
"Medical assistance," notwithstanding any other provision of law, 5
shall not include routine foot care, or dental services delivered by 6
any health care provider, that are not mandated by Title XIX of the 7
social security act unless there is a specific appropriation for 8
these services. 9
(2) The department shall adopt, amend, or rescind such 10
administrative rules as are necessary to ensure that Title XIX 11
personal care services are provided to eligible persons in 12
conformance with federal regulations. 13
(a) These administrative rules shall include financial 14
eligibility indexed according to the requirements of the social 15
security act providing for medicaid eligibility. 16
(b) The rules shall require clients be assessed as having a 17
medical condition requiring assistance with personal care tasks. 18
Plans of care for clients requiring health-related consultation for 19
assessment and service planning may be reviewed by a nurse.20
(c) The department shall determine by rule which clients have a 21
health-related assessment or service planning need requiring 22
registered nurse consultation or review. This definition may include 23
clients that meet indicators or protocols for review, consultation, 24
or visit. 25
(3) The department shall design and implement a means to assess 26
the level of functional disability of persons eligible for personal 27
care services under this section. The personal care services benefit 28
shall be provided to the extent funding is available according to the 29
assessed level of functional disability. Any reductions in services 30
made necessary for funding reasons should be accomplished in a manner 31
that assures that priority for maintaining services is given to 32
persons with the greatest need as determined by the assessment of 33
functional disability. 34
(4) Effective July 1, 1989, the authority shall offer hospice 35
services in accordance with available funds. 36
(5) For Title XIX personal care services administered by the 37
department, the department shall contract with area agencies on aging 38
or may contract with a federally recognized Indian tribe under RCW 39
74.39A.090(3): 40
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(a) To provide case management services to individuals receiving 1
Title XIX personal care services in their own home; and2
(b) To reassess and reauthorize Title XIX personal care services 3
or other home and community services as defined in RCW 74.39A.009 in 4
home or in other settings for individuals consistent with the intent 5
of this section: 6
(i) Who have been initially authorized by the department to 7
receive Title XIX personal care services or other home and community 8
services as defined in RCW 74.39A.009; and 9
(ii) Who, at the time of reassessment and reauthorization, are 10
receiving such services in their own home. 11
(6) In the event that an area agency on aging or federally 12
recognized Indian tribe is unwilling to enter into or satisfactorily 13
fulfill a contract or an individual consumer's need for case 14
management services will be met through an alternative delivery 15
system, the department is authorized to: 16
(a) Obtain the services through competitive bid; and17
(b) Provide the services directly until a qualified contractor 18
can be found. 19
(7) Subject to the availability of amounts appropriated for this 20
specific purpose, the authority may offer medicare part D 21
prescription drug copayment coverage to full benefit dual eligible 22
beneficiaries. 23
(8) Effective January 1, 2016, the authority shall require 24
universal screening and provider payment for autism and developmental 25
delays as recommended by the bright futures guidelines of the 26
American academy of pediatrics, as they existed on August 27, 2015. 27
This requirement is subject to the availability of funds.28
(9) Subject to the availability of amounts appropriated for this 29
specific purpose, effective January 1, 2018, the authority shall 30
require provider payment for annual depression screening for youth 31
ages twelve through eighteen as recommended by the bright futures 32
guidelines of the American academy of pediatrics, as they existed on 33
January 1, 2017. Providers may include, but are not limited to, 34
primary care providers, public health nurses, and other providers in 35
a clinical setting. This requirement is subject to the availability 36
of funds appropriated for this specific purpose. 37
(10) Subject to the availability of amounts appropriated for this 38
specific purpose, effective January 1, 2018, the authority shall 39
require provider payment for maternal depression screening for 40
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mothers of children ages birth to six months. This requirement is 1
subject to the availability of funds appropriated for this specific 2
purpose. 3
(11) Subject to the availability of amounts appropriated for this 4
specific purpose, the authority shall: 5
(a) Allow otherwise eligible reimbursement for the following 6
related to mental health assessment and diagnosis of children from 7
birth through five years of age: 8
(i) Up to five sessions for purposes of intake and assessment, if 9
necessary; 10
(ii) Assessments in home or community settings, including 11
reimbursement for provider travel; and 12
(b) Require providers to use the current version of the DC:0-5 13
diagnostic classification system for mental health assessment and 14
diagnosis of children from birth through five years of age.15
(12) Effective January 1, 2024, the authority shall require 16
coverage for noninvasive preventive colorectal cancer screening tests 17
assigned either a grade of A or grade of B by the United States 18
preventive services task force and shall require coverage for 19
colonoscopies performed as a result of a positive result from such a 20
test. 21
(13)(a) The authority shall require or provide payment to the 22
hospital for any day of a hospital stay in which an adult or child 23
patient enrolled in medical assistance, including home and community 24
services or with a medicaid managed care organization, under this 25
chapter: 26
(i) Does not meet the criteria for acute inpatient level of care 27
as defined by the authority; 28
(ii) Meets the criteria for discharge, as defined by the 29
authority or department, to any appropriate placement including, but 30
not limited to: 31
(A) A nursing home licensed under chapter 18.51 RCW;32
(B) An assisted living facility licensed under chapter 18.20 RCW;33
(C) An adult family home licensed under chapter 70.128 RCW; or34
(D) A setting in which residential services are provided or 35
funded by the developmental disabilities administration of the 36
department, including supported living as defined in RCW 71A.10.020; 37
and 38
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(iii) Is not discharged from the hospital because placement in 1
the appropriate location described in (a)(ii) of this subsection is 2
not available. 3
(b) Pharmacy services and pharmaceuticals shall be billed by and 4
paid to the hospital separately. 5
(c) The requirements of this subsection do not alter requirements 6
for billing or payment for inpatient care. 7
(d) The authority shall adopt, amend, or rescind such 8
administrative rules as necessary to facilitate calculation and 9
payment of the amounts described in this subsection, including for 10
clients of medicaid managed care organizations. 11
(e) The authority shall adopt rules requiring medicaid managed 12
care organizations to establish specific and uniform administrative 13
and review processes for payment under this subsection.14
(f) For patients meeting the criteria in (a)(ii)(A) of this 15
subsection, hospitals must utilize swing beds or skilled nursing beds 16
to the extent the services are available within their facility and 17
the associated reimbursement methodology prior to the billing under 18
the methodology in (a) of this subsection, if the hospital determines 19
that such swing bed or skilled nursing bed placement is appropriate 20
for the patient's care needs, the patient is appropriate for the 21
existing patient mix, and appropriate staffing is available.22
(14)(a) Effective January 1, 2026, the authority shall require 23
coverage for seizure detection devices as durable medical equipment 24
if:25
(i) The seizure detection device is deemed medically appropriate 26
based on the recipient's medical condition or status;27
(ii) The recipient's health care provider has determined that the 28
seizure detection device would:29
(A) Likely assist in reducing bodily harm to or death of the 30
recipient as a result of the recipient experiencing a seizure; or31
(B) Provide data to the health care provider necessary to 32
appropriately diagnose or treat a health condition of the recipient 33
that causes seizure activity.34
(b) The authority shall require that the costs of the seizure 35
detection device be fully covered, including any related service or 36
subscription supporting the prescribed use of the device. The 37
reimbursement rate for a subscription supporting the use of a seizure 38
detection device shall be set at 100 percent of the rate for monthly 39
remote monitoring under the authority's telemonitoring benefit.40
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(c) The authority shall conduct a biennial review of the list of 1
covered seizure detection devices and update the list as necessary to 2
include the latest United States food and drug administration-3
approved technologies, assuring that recipients have access to the 4
most effective and current devices.5
(d) For the purposes of this subsection:6
(i) "Durable medical equipment" means equipment that is used to 7
serve a medical purpose, is reusable, and is able to withstand 8
repeated use; and9
(ii) "Seizure detection device" means a monitoring device 10
approved by the United States food and drug administration and 11
related service or subscription that supports the prescribed use of 12
the device, including technology that provides ongoing patient 13
monitoring and alert services to detect seizure activity, transmits 14
notification of the seizure activity to a caregiver for appropriate 15
medical response, or collects data on the seizure activity of the 16
recipient that can be used by a health care provider to diagnose or 17
appropriately treat a health care condition causing the seizure 18
activity.19
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