Current through Register Vol. 24-18, September 15, 2024
The department licenses behavioral health agencies and
certifies them to provide behavioral health services. To obtain and maintain
licensure and certification, an applicant shall meet the requirements of this
chapter, applicable local and state rules, and applicable state and federal
statutes and regulations.
(1) The
following licensure process in this section does not apply to a tribe that is
licensed or seeking licensure via attestation as described in WAC
246-341-0367.
(2) Initial licensure of a behavioral health
agency - Main site. The applicant shall submit a licensing application for a
main site to the department that is signed by the agency's designated official.
The application must include the following:
(a) The physical address of the
agency;
(b) The type of
certification(s) the agency is requesting, including the behavioral health
services the agency will provide under the type of certification(s);
(c) A statement assuring the location where
the services will be provided meets the Americans with Disabilities Act (ADA)
standards and that any agency-operated facility where behavioral health
services will be provided is:
(i) Suitable for
the purposes intended, including having adequate space for private personal
consultation with an individual and individual service record storage that
adheres to confidentiality requirements;
(ii) Not a personal residence; and
(iii) Approved as meeting all local and state
building and safety requirements, as applicable.
(d) Payment of associated fees according to
WAC 246-341-0365;
(e) A copy of the applicant's master business
license that authorizes the organization to do business in Washington
state;
(f) A copy of the disclosure
statement and report of findings from a background check of the administrator
completed within the previous three months of the application date;
and
(g) A copy of the policies and
procedures specific to the agency and the certifications and behavioral health
services for which the applicant is seeking approval that address all of the
applicable requirements of this chapter.
(3) The department may issue a single agency
license when the applicant identifies behavioral health treatment services will
be provided in multiple buildings and either:
(a) The applicant operates the multiple
buildings on the same campus as a single integrated system with governance by a
single authority or body over all staff and buildings; or
(b) All behavioral health treatment services
will be provided in buildings covered under a single hospital
license.
(4) Initial
licensure of a behavioral health agency - Branch site. To add a branch site, an
existing behavioral health agency shall meet the application requirements in
subsection (1)(a) through (c) of this section and submit to the department:
(a) A written declaration that a current copy
of agency policies and procedures that address all of the applicable
requirements of this chapter are accessible to the branch site;
(b) A copy of policies and procedures for any
behavioral health certifications and services that are unique to the branch
site location, if applicable; and
(c) A copy of the disclosure statement and
report of findings from a background check of the administrator completed
within the previous three months of the application date, if the administrator
of the branch site is different than the administrator of the main site
location.
(5) License
renewal. To renew a main site or branch site license and certification, an
agency shall submit to the department a renewal request signed by the agency's
designated official. The renewal request must:
(a) Be received by the department before the
expiration date of the agency's current license; and
(b) Include full payment of the specific
renewal fee according to WAC
246-341-0365.
(6) Amending a license. A license amendment
is required when there is a change in the administrator, when adding or
removing a certification or behavioral health service, or when closing a
location. To amend a license the agency shall submit to the department a
licensing application requesting the amendment that is signed by the agency's
designated official. The application shall include the following requirements
as applicable to the amendment being requested:
(a) Change of the administrator. The
application must include a copy of the disclosure statement and report of
findings from a background check of the new administrator completed within the
previous three months of the application date and within 30 calendar days of
the change;
(b) Adding a
certification. The agency must submit an application for certification before
providing the behavioral health services listed under the certification. The
application must include:
(i) The physical
address or addresses of the agency-operated facility or facilities where the
new type of certified service(s) will be provided;
(ii) A copy of the agency's policies and
procedures relating to the new certification and behavioral health service(s)
that will be provided; and
(iii)
Payment of fees according to WAC
246-341-0365.
(c) Adding a behavioral health service. The
agency may add a behavioral health service that is included under its existing
certification by submitting the notification of the added service to the
department within 30 calendar days of beginning the service. The notification
must include:
(i) The physical address or
addresses of the agency-operated facility or facilities where the new
behavioral health service(s) will be provided; and
(ii) A copy of the agency's policies and
procedures relating to the new behavioral health service(s) that will be
provided.
(d) Canceling a
behavioral health service or certification.
(i) The agency must provide notice to
individuals who receive the service(s) to be canceled. The notice shall be
provided at least 30 calendar days before the service(s) are canceled and the
agency must assist individuals in accessing services at another
location.
(ii) The application must
include the physical address or addresses of the agency-operated facility or
facilities where the service(s) will no longer be provided.
(e) Closing a location.
(i) The application must include the name of
the licensed agency or entity storing and managing the records, including:
(A) The method of contact, such as a
telephone number, electronic address, or both; and
(B) The mailing and street address where the
records will be stored.
(ii) When a closing agency that has provided
substance use disorder services arranges for the continued storage and
management of individual service records by a qualified service organization
(QSO), the closing agency must enter into a written agreement with the QSO that
meets the requirements of 42 C.F.R. Part 2.
(iii) In the event of an agency closure the
agency must provide each individual currently being served:
(A) Notice of the agency closure at least 30
calendar days before the date of closure;
(B) Assistance with accessing services at
another location; and
(C)
Information on how to access records to which the individual is
entitled.
(7) Change of ownership.
(a) Change of ownership means one of the
following:
(i) The ownership of a licensed
behavioral health agency changes from one distinct legal owner to another
distinct legal owner;
(ii) The type
of business changes from one type to another, such as, from a sole
proprietorship to a corporation; or
(iii) The current ownership takes on a new
owner of five percent or more of the organizational assets.
(b) When a licensed behavioral
health agency changes ownership, the agency shall submit to the department:
(i) An initial license application from the
new owner in accordance with subsection (2) of this section. The new agency
must receive a new license under the new ownership before providing any
behavioral health service; and
(ii)
A statement from the current owner regarding the disposition and management of
individual service records in accordance with applicable state and federal
statutes and regulations.
(8) Change in location. A licensed behavioral
health agency must receive a new license under the new location's address
before providing any behavioral health service at that address. The agency
shall submit to the department a licensing application requesting a change in
location that is signed by the agency's designated official. The application
must include:
(a) The new address;
(b) A statement assuring the location meets
the Americans with Disabilities Act (ADA) standards and that any
agency-operated facility where behavioral health services will be provided is:
(i) Suitable for the purposes intended,
including having adequate space for private personal consultation with an
individual and individual service record storage that adheres to
confidentiality requirements;
(ii)
Not a personal residence; and
(iii)
Approved as meeting all local and state building and safety requirements, as
applicable.
(c) Payment
of initial licensure fees according to WAC
246-341-0365.
(9) Granting a license. A new or amended
license or certification will not be granted to an agency until:
(a) All of the applicable notification and
application requirements of this section are met; and
(b) The department has reviewed and approved
the policies and procedures for initial licensure or addition of new
certifications that demonstrate that the agency will operate in compliance with
the licensure and certification standards.
(10) Effective date. An agency's license and
any behavioral health services certification is effective for up to 12 months
from the date of issuance, subject to the agency maintaining compliance with
the minimum license and certification standards in this chapter.
(11) After receiving the license. The agency
shall post the department-issued license and certification(s) in a conspicuous
place on the agency's premises, and, if applicable, on the agency's branch site
premises.
