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WAC 246-341-0728

Outpatient servicesRecovery supportApplied behavior analysis mental health services.

Applied behavior analysis (ABA) mental health services assist children and their families to improve the core symptoms associated with autism spectrum disorders or other developmental disabilities for which ABA services have been determined to be medically necessary.
(1) ABA services support learning, skill development, and assistance in any one or more of the following areas or domains:
(a) Social;
(b) Behavior;
(c) Adaptive;
(d) Motor;
(e) Vocational; or
(f) Cognitive.
(2) An agency providing ABA services must meet the:
(a) General requirements in WAC 246-341-0718 for recovery support services;
(b) Specific agency staff requirements in WAC 246-341-0718(4); and
(c) Specific clinical record content and documentation requirements in WAC 246-341-0640 and 246-341-0718(5).
(3) The health care authority (HCA) administers chapter 182-531A WAC for ABA services requirements. The rules in chapter 182-531A WAC include:
(a) Definitions that apply to ABA services;
(b) Program and clinical eligibility requirements;
(c) Prior authorization and recertification requirements;
(d) Specific ABA provider requirements;
(e) Covered and noncovered services;
(f) Billing requirements; and
(g) Requirements for:
(i) Referrals to and assessments by centers of excellence (COE) for evaluations and orders; and
(ii) ABA assessments and individualized ABA therapy treatment plans.
(4) The ABA therapy treatment plan must:
(a) Be developed and maintained by a lead behavior analysis therapist (LBAT) (see subsection (5) of this section);
(b) Identify the services to be delivered by the LBAT and the therapy assistant, if the agency employs a therapy assistant (see subsections (6) and (7) of this section);
(c) Be comprehensive and document treatment being provided by other health care professionals; and
(d) Document how all treatment will be coordinated, as applicable, with other members of the health care team.
(5) An agency certified to provide ABA services must employ a lead behavior analysis therapist (LBAT).
(a) To qualify as an LBAT, an individual must meet the professional requirements in chapter 182-531 WAC.
(b) The agency must ensure the LBAT meets other applicable requirements in chapter 182-531A WAC.
(6) An agency may choose to employ a therapy assistant.
(a) To qualify as a therapy assistant, an individual must meet the professional requirements in chapter 182-531A WAC.
(b) The agency must ensure the therapy assistant meets other applicable requirements in chapter 182-531A WAC.
(7) If the agency employs a therapy assistant(s), the agency must ensure the LBAT:
(a) Supervises the therapy assistant:
(i) For a minimum of five percent of the total direct care provided by the therapy assistant per week (for example, one hour of direct supervision per twenty hours of direct care); and
(ii) In accordance with agency policies and procedures;
(b) Meets the requirements in this section;
(c) Completes a review of an individual's ABA therapy treatment plan with the therapy assistant before services are provided;
(d) Assures the therapy assistant delivers services according to the individual's ABA therapy treatment plan; and
(e) Meets at least every two weeks with the therapy assistant and documents review of the individual's progress or response to the treatment, or both, and makes changes to the ABA therapy treatment plan as indicated by the individual's progress or response.
(8) To maintain department program-specific certification to provide ABA services, an agency must continue to ensure the requirements in this section are met.
[Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-0728, filed 4/16/19, effective 5/17/19.]
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