PERMANENT RULES
LABOR AND INDUSTRIES
Date of Adoption: November 7, 2001.
Purpose: The purpose of the rule changes is to be consistent with chapter 25, Laws of 2001 (ESSB 5877). The 2001 legislative session passed ESSB 5877, effective July 22, 2001, deleting the certification of mental health providers and creating the licensing of those professionals. The Department of Health regulates the practice. Prior to the enactment of ESSB 5877, mental health providers treating or evaluating victims under the Crime Victims Act, were required to submit a copy of their certification. After the changes in CVCA regulations, mental health providers will submit a copy of their license from the Department of Health to the crime victims compensation program.
Citation of Existing Rules Affected by this Order: Amending WAC 296-30-010, 296-31-030, and 296-31-06903.
Statutory Authority for Adoption: RCW 7.68.030.
Adopted under notice filed as WSR 01-17-109 on August 22, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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Repealed 0;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Repealed 0;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 3,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 7, 2001
Gary Moore
Director
OTS-4931.1
AMENDATORY SECTION(Amending WSR 00-10-003, filed 4/20/00,
effective 5/22/00)
WAC 296-30-010
Definitions.
The following definitions are
used to administer the crime victims compensation program:
Acceptance, accepted condition: A determination by the department that the diagnosis of the claimant's medical or mental health condition is the result of the criminal act. The condition being accepted must be specified by one or more diagnostic codes from the current edition of the International Classification of Diseases, Clinically Modified (ICD-CM), or the Diagnostic and Statistical Manual of Mental Disorders (DSM).
Authorization: Notification by a qualified representative of the department that specific treatment, services or equipment provided for the accepted condition is allowable under the claim. Providers must insure they maintain records indicating the name of the qualified representative who authorizes treatment, services or equipment.
Bodily injury: Any harmful or offensive touching, including severe emotional distress where no touching takes place when:
(1) The victim is not the object of the criminal act and:
(a) The distress is intentionally or recklessly inflicted by extreme or outrageous conduct;
(b) Caused the victim to have a reasonable apprehension of imminent bodily harm; and
(c) The victim is in the immediate vicinity at the time of the criminal act.
(2) The victim is the object of the criminal act and:
(a) The distress is intentionally or recklessly inflicted by extreme or outrageous conduct; and
(b) Caused the victim to have a reasonable apprehension of imminent bodily harm.
Claimant: A victim who submits an application for benefits, or on whose behalf an application is submitted.
Consultation: The services rendered by a mental health provider whose opinion or advice is requested by the attending (treating) mental health provider, or agency, or by the department in the evaluation and/or treatment of a claimant. Case management or case staffing does not constitute a consultation.
Criminal act: An act defined in RCW 7.68.020, the occurrence of which can be verified by the department or which is reasonably credible. Physically impossible acts, highly improbable acts for which verification is not available, or unverified memories of acts occurring prior to the age of two will not be accepted as reasonably credible. In evaluating evidence to determine verification of claimed criminal acts, the department will give greater weight to the quality, than to the quantity, of evidence. Evidence that can be considered for verification of claimed criminal acts includes, but is not limited to, one or more of the following:
(1) Police or other investigation reports.
(2) Child protective services or other government agency reports.
(3) Diaries or journals kept by victims and others.
(4) Third party reports from school counselors, therapists and others.
(5) Current medical examinations.
(6) Medical or psychological forensic evaluations. In the absence of other adequate forensic evaluation reports, independent assessments per WAC 296-31-069 may be conducted when indicated.
(7) Legal and historical reports.
(8) Current and past medical and mental health records.
(9) Reports of interviews with the victim's family members, friends, acquaintances and others who may have knowledge of pertinent facts. When such interviews are necessary to determine eligibility, the victim will be given the choice of whether to allow the interviews to be conducted. The victim will also be given the understanding that eligibility may be denied if the interviews are not conducted. The department will act according to the victim's choice.
Crisis intervention: Therapy to alleviate the claimant's most pressing problems. The vital mental and safety functions of the claimant are stabilized by providing support, structure and, if necessary, restraint.
Disability awards for mental health conditions: Direct monetary compensation that may be provided to an eligible claimant who is either temporarily totally disabled, permanently totally disabled, or permanently partially disabled resulting from an accepted condition.
Family therapy: Therapy involving one or more members of the claimant's family, excluding the perpetrator, which centers on issues resulting from the claimant's sexual assault pursuant to WAC 296-30-080.
Group therapy: Therapy involving the claimant, and one or more clients who are not related to the claimant, which includes issues related to the claimant's condition and pertinent to other group members.
Immediate family members: Any claimant's parents, spouse, child(ren), siblings, grandparents, and those members of the same household who have assumed the rights and duties commonly associated with a family unit.
Individual therapy: Therapy provided on a one-to-one basis between a therapist and client.
Mental health provider: Any person, firm, corporation,
partnership, association, agency, institution, or other entity
providing any kind of mental health services related to the
treatment of a claimant. This includes, but is not limited to,
hospitals, psychiatrists, psychologists, advanced registered
nurse practitioners with a specialty in psychiatric and mental
health nursing, registered and/or ((certified)) licensed master
level counselors, and other qualified service providers licensed,
registered and/or certified with the department of health and
registered with the crime victims compensation program. (Refer
to WAC 296-31-030 for specific details.)
Permanent partial disability: Any anatomic or functional loss after maximum recovery has been achieved. When the attending provider has reason to believe a permanent functional loss exists, the department should be notified. Specified disabilities (amputation or loss of function of extremities, loss of hearing or vision) are to be rated utilizing a nationally recognized impairment rating guide. Unspecified disabilities (internal injuries, spinal injuries, mental health, etc.) are to be rated utilizing the category system detailed under WAC 296-20-200, et al. Under Washington law disability awards are based solely on physical or mental impairment due to the accepted injury or conditions without consideration of economic factors. Maximum benefit levels are established by statute.
Permanent total disability (pension): A condition permanently incapacitating a claimant from performing work at any gainful employment. Maximum benefit levels are established by statute.
Proper and necessary: (1) Proper and necessary services for the diagnosis or rehabilitative treatment of an accepted condition;
(2) Reflective of accepted standards of good practice within the scope of the provider's license, certification, or registration;
(3) Not delivered primarily for the convenience of the claimant, the claimant's attending provider, or another provider;
(4) Curative or rehabilitative care that produces long lasting changes which reduces the effects of the accepted condition;
(5) Provided at the least cost and in the least intensive setting of care consistent with the other provisions of this definition; and
(6) Concluded once a claimant has reached a state of maximum improvement. Maximum improvement occurs when no fundamental or marked change in an accepted condition can be expected with or without treatment. A claimant's condition may have reached maximum improvement though it might be expected to improve or deteriorate with the passage of time. Once a claimant's condition has reached maximum improvement, treatment that results only in temporary changes is not proper and necessary. Maximum improvement is equivalent to fixed and stable.
Reasonable cooperation: The victim is able to talk to the police and give information to help in the investigation and prosecution of the alleged offender. There may be circumstances in which the victim is not able to fully cooperate. In these instances, consideration is given to the needs of the victim. The department may consider the following issues. The list is not inclusive:
(1) There is fear of retribution from the offender;
(2) There is a mental or physical condition which inhibits cooperation;
(3) The victim is dependent upon the offender for support;
(4) The victim is a minor.
Temporary partial disability (loss of earning power): Partial time loss compensation may be paid when the claimant can return to work on a limited basis, or return to a lesser paying job is necessitated by the accepted condition. The claimant must have a reduction in wages of at least five percent before consideration of partial time loss can be made. No partial time loss compensation can be paid after the claimant's condition is stationary. All time loss compensation must be certified by the attending provider based on objective findings.
Temporary total disability (time loss compensation): Time loss compensation may be paid when the claimant is temporarily unable to return to reasonable continuous gainful employment as a direct result of an accepted condition. Maximum benefit levels are established by statute.
Termination of treatment: When treatment is no longer required because the accepted condition for which the claim was allowed has become stable. The provider should submit a report indicating the date the condition became stable to the department. The claimant may require continued treatment for conditions not related to the crime injury condition; however, financial responsibility for such care must be the claimants.
The result of: The test used to define "the result of" used in RCW 7.68.070 (3)(a) is two-pronged. First, it must be determined that cause in fact exists, and second, it must then be determined that proximate cause exists.
(1) Cause in fact exists if "but for" the acts of the victim the crime that produced the injury would not have occurred.
(2) Proximate cause exists if, once cause in fact is found, it is determined that the acts of the victim:
(a) Resulted in a foreseeable injury to the victim;
(b) Played a substantial role in the injury; and
(c) Were the direct cause of the injury.
Time loss certification: Documentation from a physician, or mental health professional qualified to treat under the Crime Victims Act, based upon objective findings which are specific symptoms that an accepted condition of a claimant either partially or totally incapacitates the claimant from returning to work.
Unjustly enriched: It would not be fair or equitable justice to allow a person to obtain, or have control of, or access to benefits or compensation paid to a victim of crime.
[Statutory Authority: RCW 7.68.030. 00-10-003, 296-30-010, filed 4/20/00, effective 5/22/00. Statutory Authority: RCW 51.36.010, 7.68.030, 51.04.020 (1) and (4), 51.04.030, 7.68.080 and 7.68.120. 97-02-090, 296-30-010, filed 12/31/96, effective 1/31/97. Statutory Authority: Chapter 7.68 RCW. 94-02-015, 296-30-010, filed 12/23/93, effective 1/24/94. Statutory Authority: RCW 7.68.030, 7.68.070 (12) and (16) and 51.04.030. 89-23-004, 296-30-010, filed 11/3/89, effective 11/10/89. Statutory Authority: Chapter 7.68 RCW. 86-01-028 (Order 85-37), 296-30-010, filed 12/11/85; 85-03-060 (Order 85-3), 296-30-010, filed 1/15/85.]
OTS-4932.1
AMENDATORY SECTION(Amending WSR 00-03-056, filed 1/14/00,
effective 2/14/00)
WAC 296-31-030
What are the eligibility requirements of a
mental health treatment provider under the Crime Victims Act?
(1) Mental health providers must qualify as an approved provider
and register with the crime victims compensation program before
they are authorized to provide treatment and receive payment in
accordance with these rules.
(2) The following providers who are permanently
licensed((,)) or registered ((or certified)) in Washington are
eligible to register with this program:
(a) Psychiatrists;
(b) Psychologists;
(c) Advanced registered nurse practitioners with a specialty in psychiatric and mental health nursing;
(d) Ph.Ds not licensed as psychologists and master level
counselors whose ((master's)) degree is in a field of study
related to mental health services including, but not limited to,
social work, marriage and family therapy or mental health
counseling.
(3) Out-of-state providers must be currently licensed, registered and/or certified within the state in which they practice. Washington requires mental health counselors to have a masters degree to treat Washington crime victim clients.
| EXCEPTION: | In areas where the department has determined licensed, registered and/or certified providers are not available, the department may consider registration exceptions on an individual basis. |
[Statutory Authority: RCW 7.68.030, 7.68.080. 00-03-056, 296-31-030, filed 1/14/00, effective 2/14/00. Statutory Authority: RCW 7.68.030, 51.04.020(1) and 51.04.030. 95-15-004, 296-31-030, filed 7/5/95, effective 8/5/95. Statutory Authority: RCW 43.22.050. 92-23-033, 296-31-030, filed 11/13/92, effective 12/14/92.]
| Counselors | &sqbul; &sqbul; |
Masters or doctorate degree in
a field of study related to
mental health; and (( |
| Advanced registered nurse practitioners | &sqbul; | Licensed with the Washington department of health; and |
| &sqbul; | Have a specialty in psychiatric and mental health nursing. | |
| Psychologists | &sqbul; | Licensed with the Washington department of health; or |
| &sqbul; | Licensed within Oregon or Idaho by that state's health care licensing authority. | |
| Psychiatrists | &sqbul; | Board certified; and |
| &sqbul; | Licensed with the Washington department of health; or | |
| &sqbul; | Licensed within Oregon or Idaho by that state's health care licensing authority. | |
| All examiners must have | &sqbul; | An active practice; or |
| &sqbul; | Be a clinical supervisor in an active practice; | |
| &sqbul; | Five years post licensure clinical experience treating crime victims; or | |
| &sqbul; | Three years clinical experience
treating crime victims and two
years supervising clinical work.
|
[Statutory Authority: RCW 7.68.030, 51.04.030, 51.32.112, 51.32.114. 00-24-065, 296-31-06903, filed 12/1/00, effective 1/1/01.]