WSR 25-09-161
PERMANENT RULES
HEALTH CARE AUTHORITY
[Filed April 23, 2025, 8:46 a.m., effective May 24, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The health care authority is amending this rule to correct the number of service hours in the eligibility criteria for Tier 4 and Tier 5 community behavioral support services and to list the service hours on the table in a consistent format.
Citation of Rules Affected by this Order: Amending WAC 182-561-0500.
Statutory Authority for Adoption: RCW 41.05.021 and 41.05.160.
Adopted under notice filed as WSR 25-07-037 on March 11, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: April 23, 2025.
Wendy Barcus
Rules Coordinator
RDS-6185.1
AMENDATORY SECTION(Amending WSR 24-10-081, filed 4/30/24, effective 7/1/24)
WAC 182-561-0500Service tiers.
(1) The agency has established tiers for community behavioral health support services using the needs-based criteria and risk criteria in WAC 182-561-0300.
(2) At a minimum, a person determined eligible for supportive supervision qualifies to receive Tier 1 services for an average of two hours per day.
(3) The agency determines tiers based on medical appropriateness and clinical acuity, using the following tier structure:
Tier Level
Eligibility Criteria
Renewal or Reassessment Criteria
Tier 1 Services
A person is eligible for Tier 1 services (0.5 - 2.0 hours per day) if they:
• Demonstrate a qualifying behavior that requires daily intermittent monitoring, redirection, and cueing to promote community stability and to ensure the safety of the person and other residents; or
• Have a significant history of behaviors that are well-managed in a highly structured setting but are at risk of recurring in a community setting if not met with the appropriate level of supportive supervision.
For renewal or assessment, the person has a history of behaviors meeting the guidelines for Tier 1, which are currently prevented only by additional skilled staff intervention.
Tier 2 Services
A person is eligible for Tier 2 services if they:
• Demonstrate current qualifying behaviors at a frequency that requires an average of 2.1 to ((6))6.0 hours per day of dedicated staff to redirect, deescalate, and cue to promote community stability and to ensure the safety of the person and the other residents; or
• Have demonstrated multiple qualifying behaviors requiring an average of 2.1 to ((6))6.0 hours per day of one-on-one staffing within the past month. Behaviors may be well-managed in a highly structured setting but are at risk of recurring in a community setting if not met with the appropriate level of supportive supervision.
For renewal or reassessment, the person has a history of behavior or behaviors meeting the guidelines for Tier 2, which are currently prevented only by additional skilled staff intervention at this tier level.
Tier 3 Services
A person is eligible for Tier 3 services if they:
• Demonstrate multiple qualifying behaviors at a frequency and intensity that requires an average of 6.1 to ((10))10.0 hours per day of one-on-one staffing to redirect, engage, deescalate, and cue to promote community stability and to ensure the safety of the person and other residents; or
• Have demonstrated multiple qualifying behaviors requiring an average of 6.1 to ((10))10.0 hours per day of one-on-one staffing within the past month. Behaviors may be well-managed in a highly structured setting but are at risk of recurring or increasing in frequency or severity in a community setting if not met with the appropriate level of supportive supervision.
For renewal or reassessment, the person has a history of behaviors meeting the guidelines for Tier 3, which are currently preventable only by additional skilled staff intervention at this tier level.
Tier 4 Services
A person is eligible for Tier 4 services if they:
• Demonstrate multiple qualifying behaviors at a frequency and intensity that requires an average of 10.1 to ((16))15.0 hours per day of one-on-one staffing to redirect, engage, deescalate, and cue to promote community stability and to ensure the safety of the person and other residents; or
• Have demonstrated multiple qualifying behaviors requiring an average of 10.1 to ((16))15.0 hours per day of one-on-one staffing within the past month. Behavior requires at least one-on-one intervention, even in a structured setting, but the behavior may be at risk of increasing in frequency, or severity, or both, in a community setting if not met with the appropriate level of supportive supervision.
For renewal or reassessment, the person has a history of behavior meeting the guidelines for Tier 4, which are currently prevented only by additional skilled staff interventions at this tier level.
Tier 5 Services
A person is eligible for Tier 5 services when:
• The person demonstrates multiple behaviors at a frequency and intensity that requires an average of ((16.1 to 20))15.1 to 20.0 hours per day of one-on-one staffing to redirect, engage, deescalate, and cue to promote community stability and to ensure the safety of the person and other residents; or
• The person's behavior requires daily one-on-one intervention even in the context of a structured setting, and there would be an imminent risk of harm if the person does not receive an average of ((16.1 to 20))15.1 to 20.0 hours per day of at least one-on-one staffing in a community setting.
For renewal or reassessment, the person has a history of behavior meeting the guidelines for Tier 5, which are currently prevented only by additional skilled staff intervention at this tier level.
Tier 6 Services
A person is eligible for Tier 6 services when:
• The person demonstrates multiple qualifying behaviors at a frequency and intensity that requires an average of 20.1 to 24 hours per day of one-on-one staffing or has regular episodes that require multiple staff to redirect, engage, deescalate, and cue to promote community stability and to ensure the safety of the person and other residents; or
• The person's behavior requires constant one-on-one monitoring and intervention, even in the context of a structured setting, and there would be an imminent risk of harm if the person does not receive an average of 20.1 to 24 hours per day of at least one-on-one staffing in a community setting.
For renewals or reassessment, the person has a history of behavior meeting the guidelines for Tier 6, which are currently prevented only by additional skilled staff intervention at this tier level.