WSR 19-06-083
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed March 6, 2019, 9:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-02-089.
Title of Rule and Other Identifying Information: New WAC 182-531-0425 Collaborative care.
Hearing Location(s): On April 9, 2019, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal 106A, 626 8th Avenue, Olympia, WA 98504. Metered public parking is available street side around building. A map is available at https://www.hca.wa.gov/assets/program/Driving-parking-checkin-instructions.pdf or directions can be obtained by calling 360-725-1000.
Date of Intended Adoption: Not sooner than April 10, 2019.
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 9, 2019.
Assistance for Persons with Disabilities: Contact Amber Lougheed, phone 360-725-1349, fax 360-586-9727, telecommunication relay services 711, email amber.lougheed@hca.wa.gov, by April 5, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As authorized in SSB 5883, the agency is creating rules for a new model of care called collaborative care model which is part of the integration of mental health and physical health.
Reasons Supporting Proposal: See purpose.
Statutory Authority for Adoption: SSB 5779 Concerning behavioral health integration in primary care, RCW 41.05.021, 41.05.160.
Statute Being Implemented: SSB 5779 Concerning behavioral health integration in primary care, 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: Amy Emerson, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1348; Implementation and Enforcement: Tonja Nichols, P.O. Box 45506, 360-725-1658.
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. New WAC 182-531-0425 does not impose additional compliance costs or requirements on providers.
March 6, 2019
Wendy Barcus
Rules Coordinator
NEW SECTION
WAC 182-531-0425Collaborative care.
(1) Under the authority of RCW 74.09.497, and subject to available funds, the medicaid agency covers collaborative care provided in clinical care settings.
(2) For the purposes of this section:
(a) Collaborative care means a specific type of integrated care where medical providers and behavioral health providers work together to address behavioral health conditions, including mental health conditions and substance use disorders.
(b) Collaborative care model is a model of behavior health integration that enhances usual clinical care by adding two key services:
(i) Care management support for clients receiving behavioral health treatment; and
(ii) Regular psychiatric or board certified addiction medicine consultation with the clinical care team, particularly for clients whose conditions are not improving.
(c) Collaborative care team means a team of licensed behavioral health professionals operating within their scope of practice who participate on the clinical care team along with the collaborative care billing provider to provide collaborative care to eligible clients. The team must include a collaborative care billing provider, a behavioral health care manager, and a psychiatric consultant. Professionals making up this team include, but are not limited to:
(i) Advanced registered nurses;
(ii) Chemical dependency professionals;
(iii) Chemical dependency professional trainees under the supervision of a certified chemical dependency professional;
(iv) Marriage and family therapists;
(v) Marriage and family therapist associates under the supervision of a licensed marriage and family therapist or equally qualified mental health practitioner;
(vi) Mental health counselors;
(vii) Mental health counselor associates under the supervision of a licensed mental health counselor, psychiatrist, or physician;
(viii) Physicians;
(ix) Physician assistants under the supervision of a licensed physician;
(x) Psychiatrists;
(xi) Psychiatric advanced registered nurses;
(xii) Psychologists;
(xiii) Registered nurses;
(xiv) Social workers;
(xv) Social worker associate-independent clinical, under the supervision of a licensed independent clinical social worker or equally qualified mental health practitioner; and
(xvi) Social worker associate-advanced, under the supervision of a licensed independent clinical social worker, advanced social worker, or equally qualified mental health practitioner.
(3) The behavioral health care manager is a designated licensed professional with formal education or specialized training in behavioral health (including social work, nursing, or psychology), working under the oversight and direction of the treating medical provider.
(4) The collaborative care billing provider must meet all of the following:
(a) Be enrolled with the agency as one of the following:
(i) A physician licensed under Titles 18 RCW and 246 WAC;
(ii) An advanced registered nurse practitioner licensed under Titles 18 RCW and 246 WAC;
(iii) A federally qualified health center (FQHC);
(iv) A rural health clinic (RHC); or
(v) A clinic that is not an FQHC or RHC that meets the requirements of Titles 70 RCW and 247 WAC.
(b) Complete, sign, and return the Attestation for Collaborative Care Model, form HCA 13-0017, to the agency; and
(c) Agree to follow the agency's guidelines for practicing a collaborative care model.
(5) Providers of collaborative care must:
(a) Use a registry to track the client's clinical outcomes;
(b) Use at least one validated clinical rating scale;
(c) Ensure the registry is used in conjunction with the practice's electronic health records (EHR);
(d) Include a plan of care; and
(e) Identify outcome goals of the treatments.
(6) If a provider no longer meets the agreed upon requirements in the agency's Attestation for Collaborative Care Model, form HCA 13-0017, the provider must immediately notify the agency. The agency does not pay for collaborative care if a provider does not meet the agreed upon requirements.
(7) Providers are subject to post pay review by the agency. The agency may recoup payment if the provider is found to have not met the requirements for providing collaborative care as agreed to in the agency's Attestation for Collaborative Care Model, form HCA 13-0017.