WSR 13-16-103
(Behavioral Health and Service Integration Administration)
[Filed August 7, 2013, 11:21 a.m.]
Subject of Possible Rule Making:
Repeal WAC 388-865-0469 Applied behavior analysis (ABA) and create a new section for ABA services in chapter 388-877A WAC, Outpatient mental health services.
Repeal WAC 388-865-0400 Community support service providers, 388-865-0405 Competency requirements for staff, 388-865-0420 Intake evaluation, 388-865-0425 Individual service plan, and 388-865-0460 Counseling and psychotherapy services—Additional standards.
Amend sections in chapters 388-877, 388-877A, 388-877B, and 388-877C WAC.
Add a new section in chapter 388-877 WAC pertaining specifically to medicaid requirements.
Amend WAC 388-865-0511 Evaluation and treatment facility certification.
Update and/or repeal other rules as a result of this rule making.
Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapters 70.02, 70.96A, 71.05, 71.24, 71.34, 74.50 RCW; RCW 74.08.090, 43.20A.890; 42 C.F.R. Part 8.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The department proposes to:
Repeal WAC 388-865-0469 which provides the licensure, certification, and staffing requirements for agencies providing ABA services to assist children with autism spectrum disorders.
Add a new section in chapter 388-877A WAC, Outpatient mental health services, that replaces WAC 388-865-0469.
Repeal WAC 388-865-0400, 388-865-0405, 388-865-0420, 388-865-0425, and 388-865-0460 because the requirements in these sections are now included in chapters 388-877 and 388-877A WAC.
Amend sections in chapters 388-877, 388-877A, 388-877B, and 388-877C WAC in order to clarify and update language pertaining to licensing behavioral health agencies and certifying licensed agencies to provide mental health, chemical dependency, and/or problem and pathological gambling services.
Create a new section that pertains specifically to medicaid.
Remove evaluation and treatment facility bed fee language from WAC 388-877-0365 and place in WAC 388-865-0511.
Other clarifications, corrections, and policy changes that arise during this rule-making process may be incorporated, and other WAC chapters 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 will be coordinating the rule making for the ABA services rule with the health care authority which administers rules in Title 182 WAC for ABA services requirements.
Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact 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 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.
August 7, 2013
Katherine I. Vasquez
Rules Coordinator