WSR 19-11-056
PROPOSED RULES
HEALTH CARE AUTHORITY
[Filed May 14, 2019, 9:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-18-094.
Title of Rule and Other Identifying Information: WAC 182-531-1400 Psychiatric physician-related services and other professional mental health services.
Hearing Location(s): On June 25, 2019, at 10:00 a.m., at the Health Care Authority (HCA), Cherry Street Plaza, Sue Crystal Room 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 June 26, 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 June 25, 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 June 21, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The agency is revising this section to remove outdated language and implement provisions of SSB 5779 that promote integrated practice by removing nonessential limitations that restrict the scope and practice of behavioral health and primary care services, which include place-of-service restrictions for behavioral health providers.
Reasons Supporting Proposal: See purpose.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Michael Williams, P.O. Box 42716, Olympia, WA 98504-2716, 360-725-1346; Implementation and Enforcement: Rebecca Peters, P.O. Box 45530, Olympia, WA 98504-2716 [98504-5530], 360-725-1194.
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. The revisions to this rule do not impose additional compliance costs or requirements on providers.
May 14, 2019
Wendy Barcus
Rules Coordinator
AMENDATORY SECTION(Amending WSR 16-06-053, filed 2/24/16, effective 4/1/16)
WAC 182-531-1400Psychiatric physician-related services and other professional mental health services.
(1) The mental health services covered in this section are different from the mental health services covered under ((chapter 388-865 WAC,))community mental health and involuntary treatment programs((, administered by the division of behavioral health and recovery within the department of social and health services))in chapter 182-538D WAC.
(2) Inpatient and outpatient mental health services not covered under chapter ((388-865))182-538D WAC((,)) may be covered by the agency under this section.
Inpatient mental health services
(3) For hospital inpatient psychiatric admissions, providers must comply with chapter ((388-865))182-538D WAC.
(4) The agency covers professional inpatient mental health services as follows:
(a) When provided by a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner (ARNP), or psychiatric mental health nurse practitioner-board certified (PMHNP-BC);
(b) The agency pays only for the total time spent on direct psychiatric client care during each visit, including services provided when making rounds. The agency considers services provided during rounds to be direct client care services and may include, but are not limited to:
(i) Individual psychotherapy up to one hour;
(ii) Family/group therapy; or
(iii) Electroconvulsive therapy.
(c) One electroconvulsive therapy or narcosynthesis per client, per day, and only when performed by a psychiatrist.
Outpatient mental health services
(5) The agency covers outpatient mental health services when provided by the following licensed health care professionals who are eligible providers under chapter 182-502 WAC:
(a) Psychiatrists;
(b) Psychologists;
(c) Psychiatric advanced registered nurse practitioners (ARNP);
(d) Psychiatric mental health nurse practitioners-board certified (PMHNP-BC);
(e) Mental health counselors;
(f) Independent clinical social workers;
(g) Advanced social workers; or
(h) Marriage and family therapists.
(6) With the exception of licensed psychiatrists and psychologists, qualified health care professionals who treat clients age eighteen and younger must:
(a) Have a minimum of ((two years' experience in the diagnosis and treatment of clients age eighteen and younger, including one year of supervision by a mental health professional trained in child and family mental health))one hundred actual hours of specialized study of child development and treatment and a minimum of one year of supervised experience in the diagnosis and treatment of clients age eighteen and younger; or
(b) Be working under supervision of a professional who meets these criteria.
(7) The agency does not limit the total number of outpatient mental health visits a licensed health care professional can provide.
(8) The agency evaluates a request for covered outpatient mental health services in excess of the limitations ((or restrictions)) in this section under WAC 182-501-0169. The agency covers outpatient mental health services with the following limitations:
(a) One psychiatric diagnostic evaluation, per provider, per client, per calendar year, unless significant change in the client's circumstances renders an additional evaluation medically necessary and is authorized by the agency.
(b) ((One individual or family/group psychotherapy visit, with or without the client, per day, per client.
(c))) One psychiatric medication management service, per client, per day, in an outpatient setting when performed by one of the following:
(i) Psychiatrist;
(ii) Psychiatric advanced registered nurse practitioner (ARNP); or
(iii) Psychiatric mental health nurse practitioner-board certified (PMHNP-BC).
(9) ((Clients enrolled in the alternative benefits plan (defined in WAC 182-500-0010) are eligible for outpatient mental health services when used as a habilitative service to treat a qualifying condition in accordance with WAC 182-545-400.
(10) Mental health services must be provided in the appropriate place of service. The provider is responsible for referring the client to the behavioral health organization (BHO) to assess whether the client meets the BHO access to care standards.
(11) If anytime during treatment the provider suspects the client meets the BHO access to care standards, an assessment must be conducted. This assessment may be completed by either a health care professional listed in subsection (5) of this section or a representative of the BHO.
(12) After the client completes fifteen outpatient mental health visits under this benefit, the agency may request a written attestation that the client has been assessed for meeting access to care standards. This written attestation verifies the mental health services are being provided in the appropriate place of service. The treating provider must respond to this request.
(13) To support continuity of care, the client may continue under the care of the provider until a BHO can receive the client.
(14) To be paid))To receive payment for providing mental health services, providers must bill the agency using the agency's published billing instructions.
(((15) The agency considers a provider's acceptance of multiple payments for the same client for the same service on the same date to be a duplication of payment. Duplicative payments may be recouped by the agency under WAC 182-502-0230. Providers must keep documentation identifying the type of service provided and the contract or agreement under which it is provided.))