Subject of Possible Rule Making: The department is creating a new rule that pertains specifically to the certification and/or licensing of applied behavior analysis (ABA) autism services provided in a behavioral health treatment agency. Other rules are being amended as necessary due to the requirements of the new rule. The department may adopt other new rules or repeal other rules as necessary.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 34.05.350, 43.20A.550, 71.24.035, 74.04.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Creating a new rule and amending other rules specific to the certification and/or licensing of ABA autism services is necessary due to the results of a settlement agreement between Washington Autism Alliance and Advocacy, et al., and the health care authority (HCA). The settlement agreement requires HCA to provide coverage of ABA autism services for individuals eligible under medicaid's "early periodic screening diagnosis and treatment" (EPSDT) benefit. The new rules will establish certification standards for ABA program services. Behavioral health services agencies that choose to provide ABA autism services will be affected by these rules. The rules will coordinate with the department's proposal of new chapters 388-877 and 388-877A WAC that will allow DBHR-licensed and/or DBHR-certified agencies that treat patients with substance abuse, gambling, autism, and/or mental health conditions to meet one set of rules rather than multiple sets of rules. Other policy changes on these subjects may be incorporated into this rule making; other WAC sections may need to be updated as a result of this rule making.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department is coordinating this rule making with HCA.

     Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to 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 Kathy Sayre, DBHR Rules Manager, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 586-0341, TTY 1-800-848-5429, e-mail kathy.sayre@dshs.wa.gov.

December 31, 2012

Katherine I. Vasquez

Rules Coordinator