RCW 71.24.011
Short title.
This chapter may be known and cited as the community behavioral health services act.
[
2019 c 325 s 1001
;
2019 c 314 s 24
;
1982 c 204 s 1
.]
NOTES:
Effective date
—
2019 c 325:
"Except as provided in sections 6005 and 6007 of this act, this act takes effect January 1, 2020." [
2019 c 325 s 6008
.]
Declaration
—
2019 c 314:
See note following RCW 18.22.810
.
RCW 71.24.015
Legislative intent
—
Community behavioral health system.
It is the intent of the legislature to establish a community behavioral health system which shall help people experiencing mental illness or a substance use disorder to retain a respected and productive position in the community. This will be accomplished through programs that focus on resilience and recovery, and practices that are evidence-based, research-based, consensus-based, or, where these do not exist, promising or emerging best practices, which provide for:
(1) Access to behavioral health services for adults with mental illness and children with mental illness, emotional disturbances, or substance use disorders, that recognize the special needs of underserved populations, including minorities, children, older adults, individuals with disabilities, and low-income persons. Access to mental health and substance use disorder services shall not be limited by a person's history of confinement in a state, federal, or local correctional facility. It is also the purpose of this chapter to promote the early identification of children with mental illness and to ensure that they receive the mental health care and treatment which is appropriate to their developmental level. This care should improve home, school, and community functioning, maintain children in a safe and nurturing home environment, and should enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment while also recognizing parents' rights to participate in treatment decisions for their children;
(2) The involvement of persons with mental illness or substance use disorder, their family members, and advocates in designing and implementing behavioral health services that reduce unnecessary hospitalization and incarceration and promote recovery and employment. To improve the quality of services available and promote the rehabilitation, recovery, and reintegration of persons with mental illness or substance use disorder, consumer and advocate participation in behavioral health services is an integral part of the community behavioral health system and shall be supported;
(3) Accountability of efficient and effective services through state-of-the-art outcome and performance measures and statewide standards for monitoring client and system outcomes, performance, and reporting of client and system outcome information. These processes shall be designed so as to maximize the use of available resources for direct care of people with a mental illness and to assure uniform data collection across the state;
(4) Minimum service delivery standards;
(5) Priorities for the use of available resources for the care of individuals with mental illness or substance use disorder consistent with the priorities defined in the statute;
(6) Coordination of services within the department of social and health services, the authority, the department, the department of children, youth, and families, and the office of the superintendent of public instruction, and among state mental hospitals, tribes, residential treatment facilities, county authorities, behavioral health administrative services organizations, managed care organizations, community behavioral health services, and other support services, which shall to the maximum extent feasible also include the families of individuals with mental illness or substance use disorder, and other service providers, including Indian health care providers; and
(7) Coordination of services aimed at reducing duplication in service delivery and promoting complementary services among all entities that provide behavioral health services to adults and children.
It is the policy of the state to encourage the provision of a full range of treatment and rehabilitation services in the state for mental disorders, or substance use disorders, including services operated by consumers and advocates. The legislature intends to encourage the development of regional behavioral health services with adequate local flexibility to assure eligible people in need of care access to the least-restrictive treatment alternative appropriate to their needs, and the availability of treatment components to assure continuity of care. The legislature hereby finds and declares that sound fiscal management requires vigilance to ensure that funds appropriated by the legislature for the provision of needed community behavioral health system services are ultimately expended solely for the purpose for which they were appropriated, and not for any other purpose.
It is further the intent of the legislature to integrate the provision of services to provide continuity of care through all phases of treatment. To this end, the legislature intends to promote active engagement with persons with mental illness and collaboration between families and service providers.
[
2019 c 325 s 1002
;
2018 c 201 s 4001
;
2014 c 225 s 6
;
2005 c 503 s 1
. Prior:
2001 c 334 s 6
;
2001 c 323 s 1
;
1999 c 214 s 7
;
1991 c 306 s 1
;
1989 c 205 s 1
;
1986 c 274 s 1
;
1982 c 204 s 2
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Correction of references
—
2005 c 503:
"The code reviser shall replace all references to "county designated mental health professional" with "designated mental health professional" in the Revised Code of Washington." [
2005 c 503 s 16
.]
Savings
—
2005 c 503:
"This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections." [
2005 c 503 s 17
.]
Severability
—
2005 c 503:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2005 c 503 s 18
.]
Effective date
—
2001 c 334:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2001]." [
2001 c 334 s 10
.]
Intent
—
Effective date
—
1999 c 214:
See notes following RCW 72.09.370
.
Conflict with federal requirements
—
1991 c 306:
"If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
However, if any part of this act conflicts with such federal requirements, the state appropriation for mental health services provided to children whose mental disorders are discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program shall be provided through the division of medical assistance and no state funds appropriated to the division of mental health shall be expended or transferred for this purpose." [
1991 c 306 s 7
.]
Effective date
—
1986 c 274 ss 1, 2, 3, 5, and 9:
"Sections 1, 2, 3, 5, and 9 of this act shall take effect on July 1, 1987." [
1986 c 274 s 11
.]
RCW 71.24.016
Intent
—
Management of services
—
Work group on long-term involuntary inpatient care integration.
(1) The legislature intends that eastern and western state hospitals shall operate as clinical centers for handling the most complicated long-term care needs of patients with a primary diagnosis of mental disorder. It is further the intent of the legislature that the community behavioral health service delivery system focus on maintaining individuals with mental illness in the community. The program shall be evaluated and managed through a limited number of outcome and performance measures, as provided in RCW 71.24.435, 70.320.020, and
71.36.025
.
(2) The legislature intends to address the needs of people with mental disorders with a targeted, coordinated, and comprehensive set of evidence-based practices that are effective in serving individuals in their community and will reduce the need for placements in state mental hospitals. The legislature further intends to explicitly hold behavioral health administrative services organizations, within available resources, and managed care organizations accountable for serving people with mental disorders within the boundaries of their regional service area.
(3) The authority shall establish a work group to determine: (a) How to appropriately manage access to adult long-term inpatient involuntary care and the children's long-term inpatient program in the community and at eastern and western state hospitals, until such a time as the risk for long-term involuntary inpatient care may be fully integrated into managed care organization contracts, and provide advice to guide the integration process; and (b) how to expand bidirectional integration through increased support for co-occurring disorder services, including recommendations related to purchasing and rates. The work group shall include representation from the department of social and health services, the department of health, behavioral health administrative services organizations, at least two managed care organizations, the Washington state association of counties, community behavioral health providers, including providers with experience providing co-occurring disorder services, and the Washington state hospital association. Managed care representation on the work group must include at least one member with financial expertise and at least one member with clinical expertise. The managed care organizations on the work group shall represent the entire managed care sector and shall collaborate with the nonrepresented managed care organizations. The work group shall provide recommendations to the office of financial management and appropriate committees of the legislature by December 15, 2019.
[
2019 c 325 s 1003
;
2014 c 225 s 7
;
2006 c 333 s 102
;
2001 c 323 s 4
.]
NOTES:
Effective date
—
2019 c 325 ss 1003 and 5030:
"Sections 1003 and 5030 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 2019]." [
2019 c 325 s 6007
.]
Effective date
—
2014 c 225:
"Sections 7, 10, 13 through 54, 56 through 84, and 86 through 104 of this act take effect April 1, 2016." [
2014 c 225 s 112
.]
Finding
—
Purpose
—
Intent
—
2006 c 333:
"(1) The legislature finds that ambiguities have been identified regarding the appropriation and allocation of federal and state funds, and the responsibilities of the department of social and health services and the regional support networks with regard to the provision of inpatient mental health services under the community mental health services act, chapter
71.24
RCW, and the involuntary treatment act, chapter
71.05
RCW. The purpose of this 2006 act is to make retroactive, remedial, curative, and technical amendments in order to resolve such ambiguities.
(2) In enacting the community mental health services act, the legislature intended the relationship between the state and the regional support networks to be governed solely by the terms of the regional support network contracts and did not intend these relationships to create statutory causes of action not expressly provided for in the contracts. Therefore, the legislature's intent is that, except to the extent expressly provided in contracts entered after March 29, 2006, the department of social and health services and regional support networks shall resolve existing and future disagreements regarding the subject matter identified in sections 103 and 301 of this act through nonjudicial means." [
2006 c 333 s 101
.]
Severability
—
2006 c 333:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2006 c 333 s 402
.]
Part headings not law
—
2006 c 333:
"Part headings used in this act are not part of the law." [
2006 c 333 s 403
.]
Effective dates
—
2006 c 333:
"This act takes effect July 1, 2006, except that sections 101 through 103, 107, 202, and 301 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 29, 2006]." [
2006 c 333 s 404
.]
RCW 71.24.025
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "23-hour crisis relief center" means a community-based facility or portion of a facility which is licensed or certified by the department of health and open 24 hours a day, seven days a week, offering access to mental health and substance use care for no more than 23 hours and 59 minutes at a time per patient, and which accepts all behavioral health crisis walk-ins drop-offs from first responders, and individuals referred through the 988 system regardless of behavioral health acuity, and meets the requirements under RCW 71.24.916
.
(2) "988 crisis hotline" means the universal telephone number within the United States designated for the purpose of the national suicide prevention and mental health crisis hotline system operating through the national suicide prevention lifeline.
(3) "Acutely mentally ill" means a condition which is limited to a short-term severe crisis episode of:
(a) A mental disorder as defined in RCW 71.05.020
or, in the case of a child, as defined in RCW 71.34.020
;
(b) Being gravely disabled as defined in RCW 71.05.020
or, in the case of a child, a gravely disabled minor as defined in RCW 71.34.020
; or
(c) Presenting a likelihood of serious harm as defined in RCW 71.05.020
or, in the case of a child, as defined in RCW 71.34.020
.
(4) "Alcoholism" means a disease, characterized by a dependency on alcoholic beverages, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(5) "Approved substance use disorder treatment program" means a program for persons with a substance use disorder provided by a treatment program licensed or certified by the department as meeting standards adopted under this chapter.
(6) "Authority" means the Washington state health care authority.
(7) "Available resources" means funds appropriated for the purpose of providing community behavioral health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter
71.05
RCW by the legislature during any biennium for the purpose of providing residential services, resource management services, community support services, and other behavioral health services. This does not include funds appropriated for the purpose of operating and administering the state psychiatric hospitals.
(8) "Behavioral health administrative services organization" means an entity contracted with the authority to administer behavioral health services and programs under RCW 71.24.381, including crisis services and administration of chapter
71.05
RCW, the involuntary treatment act, for all individuals in a defined regional service area.
(9) "Behavioral health aide" means a counselor, health educator, and advocate who helps address individual and community-based behavioral health needs, including those related to alcohol, drug, and tobacco abuse as well as mental health problems such as grief, depression, suicide, and related issues and is certified by a community health aide program of the Indian health service or one or more tribes or tribal organizations consistent with the provisions of 25 U.S.C. Sec. 1616l and RCW 43.71B.010
(7) and (8).
(10) "Behavioral health provider" means a person licensed under chapter
18.57, 18.71, 18.71A, 18.83, 18.205, 18.225, or
18.79
RCW, as it applies to registered nurses and advanced practice registered nurses.
(11) "Behavioral health services" means mental health services, substance use disorder treatment services, and co-occurring disorder treatment services as described in this chapter and chapter
71.36
RCW that, depending on the type of service, are provided by licensed or certified behavioral health agencies, behavioral health providers, or integrated into other health care providers.
(12) "Child" means a person under the age of 18 years.
(13) "Chronically mentally ill adult" or "adult who is chronically mentally ill" means an adult who has a mental disorder and meets at least one of the following criteria:
(a) Has undergone two or more episodes of hospital care for a mental disorder within the preceding two years; or
(b) Has experienced a continuous behavioral health hospitalization or residential treatment exceeding six months' duration within the preceding year; or
(c) Has been unable to engage in any substantial gainful activity by reason of any mental disorder which has lasted for a continuous period of not less than 12 months. "Substantial gainful activity" shall be defined by the authority by rule consistent with Public Law 92-603, as amended.
(14) "Clubhouse" means a community-based program that provides rehabilitation services and is licensed or certified by the department.
(15) "Co-response" means a multidisciplinary partnership between first responders and human services professionals that responds to emergency situations involving behavioral health crises and people experiencing complex medical needs. Participants in co-response respond to in-progress 911 calls, 988 calls, and requests for service from dispatch and other first responders and include first responders such as public safety telecommunicators, law enforcement officers, firefighters, emergency medical technicians, and paramedics, and human services professionals such as social workers, behavioral health clinicians, advanced practice registered nurses, registered nurses, community health workers, and peer support specialists.
(16) "Community behavioral health program" means all expenditures, services, activities, or programs, including reasonable administration and overhead, designed and conducted to prevent or treat substance use disorder, mental illness, or both in the community behavioral health system.
(17) "Community behavioral health service delivery system" means public, private, or tribal agencies that provide services specifically to persons with mental disorders, substance use disorders, or both, as defined under RCW 71.05.020
and receive funding from public sources.
(18) "Community support services" means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available 24 hours, seven days a week, prescreening determinations for persons who are mentally ill being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for children who are acutely mentally ill or severely emotionally or behaviorally disturbed discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter
71.05
RCW, case management services, psychiatric treatment including medication supervision, counseling, psychotherapy, assuring transfer of relevant patient information between service providers, recovery services, and other services determined by behavioral health administrative services organizations.
(19) "Community-based crisis team" means a team that is part of an emergency medical services agency, a fire service agency, a public health agency, a medical facility, a nonprofit crisis response provider, or a city or county government entity, other than a law enforcement agency, that provides the on-site community-based interventions of a mobile rapid response crisis team for individuals who are experiencing a behavioral health crisis.
(20) "Consensus-based" means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, and may have anecdotal or case study support, or that is agreed but not possible to perform studies with random assignment and controlled groups.
(21) "Coordinated regional behavioral health crisis response system" means the coordinated operation of 988 call centers, regional crisis lines, certified public safety telecommunicators, and other behavioral health crisis system partners within each regional service area.
(22) "County authority" means the board of county commissioners, county council, or county executive having authority to establish a behavioral health administrative services organization, or two or more of the county authorities specified in this subsection which have entered into an agreement to establish a behavioral health administrative services organization.
(23) "Crisis stabilization services" means services such as 23-hour crisis relief centers, crisis stabilization units, short-term respite facilities, peer-run respite services, and same-day walk-in behavioral health services, including within the overall crisis system components that operate like hospital emergency departments that accept all walk-ins, and ambulance, fire, and police drop-offs, or determine the need for involuntary hospitalization of an individual.
(24) "Crisis stabilization unit" has the same meaning as under RCW 71.05.020
.
(25) "Department" means the department of health.
(26) "Designated 988 contact hub" or "988 contact hub" means a state-designated contact center that streamlines clinical interventions and access to resources for people experiencing a behavioral health crisis and participates in the national suicide prevention lifeline network to respond to statewide or regional 988 contacts that meets the requirements of RCW 71.24.890
.
(27) "Designated crisis responder" has the same meaning as in RCW 71.05.020
.
(28) "Director" means the director of the authority.
(29) "Drug addiction" means a disease characterized by a dependency on psychoactive chemicals, loss of control over the amount and circumstances of use, symptoms of tolerance, physiological or psychological withdrawal, or both, if use is reduced or discontinued, and impairment of health or disruption of social or economic functioning.
(30) "Early adopter" means a regional service area for which all of the county authorities have requested that the authority purchase medical and behavioral health services through a managed care health system as defined under *RCW 71.24.380
(7).
(31) "Emerging best practice" or "promising practice" means a program or practice that, based on statistical analyses or a well established theory of change, shows potential for meeting the evidence-based or research-based criteria, which may include the use of a program that is evidence-based for outcomes other than those listed in subsection (32) of this section.
(32) "Evidence-based" means a program or practice that has been tested in heterogeneous or intended populations with multiple randomized, or statistically controlled evaluations, or both; or one large multiple site randomized, or statistically controlled evaluation, or both, where the weight of the evidence from a systemic review demonstrates sustained improvements in at least one outcome. "Evidence-based" also means a program or practice that can be implemented with a set of procedures to allow successful replication in Washington and, when possible, is determined to be cost-beneficial.
(33) "First responders" includes ambulance, fire, mobile rapid response crisis team, co-responder team, designated crisis responder, fire department mobile integrated health team, community assistance referral and education services program under RCW 35.21.930, and law enforcement personnel.
(34) "Immediate jeopardy" means a situation in which the licensed or certified behavioral health agency's noncompliance with one or more statutory or regulatory requirements has placed the health and safety of patients in its care at risk for serious injury, serious harm, serious impairment, or death.
(35) "Indian health care provider" means a health care program operated by the Indian health service or by a tribe, tribal organization, or urban Indian organization as those terms are defined in the Indian health care improvement act (25 U.S.C. Sec. 1603).
(36) "Intensive behavioral health treatment facility" means a community-based specialized residential treatment facility for individuals with behavioral health conditions, including individuals discharging from or being diverted from state and local hospitals, whose impairment or behaviors do not meet, or no longer meet, criteria for involuntary inpatient commitment under chapter
71.05
RCW, but whose care needs cannot be met in other community-based placement settings.
(37) "Licensed or certified behavioral health agency" means:
(a) An entity licensed or certified according to this chapter or chapter
71.05
RCW;
(b) An entity deemed to meet state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department; or
(c) An entity with a tribal attestation that it meets state minimum standards for a licensed or certified behavioral health agency.
(38) "Licensed physician" means a person licensed to practice medicine or osteopathic medicine and surgery in the state of Washington.
(39) "Long-term inpatient care" means inpatient services for persons committed for, or voluntarily receiving intensive treatment for, periods of 90 days or greater under chapter
71.05
RCW. "Long-term inpatient care" as used in this chapter does not include: (a) Services for individuals committed under chapter
71.05
RCW who are receiving services pursuant to a conditional release or a court-ordered less restrictive alternative to detention; or (b) services for individuals voluntarily receiving less restrictive alternative treatment on the grounds of the state hospital.
(40) "Managed care organization" means an organization, having a certificate of authority or certificate of registration from the office of the insurance commissioner, that contracts with the authority under a comprehensive risk contract to provide prepaid health care services to enrollees under the authority's managed care programs under chapter
74.09
RCW.
(41) "Mental health peer-run respite center" means a peer-run program to serve individuals in need of voluntary, short-term, noncrisis services that focus on recovery and wellness.
(42) Mental health "treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department of social and health services or the authority, by behavioral health administrative services organizations and their staffs, by managed care organizations and their staffs, or by treatment facilities. "Treatment records" do not include notes or records maintained for personal use by a person providing treatment services for the entities listed in this subsection, or a treatment facility if the notes or records are not available to others.
(43) "Mentally ill persons," "persons who are mentally ill," and "the mentally ill" mean persons and conditions defined in subsections (3), (13), (52), and (53) of this section.
(44) "Mobile rapid response crisis team" means a team that provides professional on-site community-based intervention such as outreach, de-escalation, stabilization, resource connection, and follow-up support for individuals who are experiencing a behavioral health crisis, that shall include certified peer counselors or certified peer support specialists as a best practice to the extent practicable based on workforce availability, and that meets standards for response times established by the authority.
(45) "Recovery" means a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential.
(46) "Regional crisis line" means the behavioral health crisis hotline in each regional service area which provides crisis response services 24 hours a day, seven days a week, 365 days a year including but not limited to dispatch of mobile rapid response crisis teams, community-based crisis teams, and designated crisis responders. A regional crisis line may not dispatch law enforcement.
(47) "Research-based" means a program or practice that has been tested with a single randomized, or statistically controlled evaluation, or both, demonstrating sustained desirable outcomes; or where the weight of the evidence from a systemic review supports sustained outcomes as described in subsection (32) of this section but does not meet the full criteria for evidence-based.
(48) "Residential services" means a complete range of residences and supports authorized by resource management services and which may involve a facility, a distinct part thereof, or services which support community living, for persons who are acutely mentally ill, adults who are chronically mentally ill, children who are severely emotionally disturbed, or adults who are seriously disturbed and determined by the behavioral health administrative services organization or managed care organization to be at risk of becoming acutely or chronically mentally ill. The services shall include at least evaluation and treatment services as defined in chapter
71.05
RCW, acute crisis respite care, long-term adaptive and rehabilitative care, and supervised and supported living services, and shall also include any residential services developed to service persons who are mentally ill in nursing homes, residential treatment facilities, assisted living facilities, and adult family homes, and may include outpatient services provided as an element in a package of services in a supported housing model. Residential services for children in out-of-home placements related to their mental disorder shall not include the costs of food and shelter, except for children's long-term residential facilities existing prior to January 1, 1991.
(49) "Resilience" means the personal and community qualities that enable individuals to rebound from adversity, trauma, tragedy, threats, or other stresses, and to live productive lives.
(50) "Resource management services" mean the planning, coordination, and authorization of residential services and community support services administered pursuant to an individual service plan for: (a) Adults and children who are acutely mentally ill; (b) adults who are chronically mentally ill; (c) children who are severely emotionally disturbed; or (d) adults who are seriously disturbed and determined by a behavioral health administrative services organization or managed care organization to be at risk of becoming acutely or chronically mentally ill. Such planning, coordination, and authorization shall include mental health screening for children eligible under the federal Title XIX early and periodic screening, diagnosis, and treatment program. Resource management services include seven day a week, 24 hour a day availability of information regarding enrollment of adults and children who are mentally ill in services and their individual service plan to designated crisis responders, evaluation and treatment facilities, and others as determined by the behavioral health administrative services organization or managed care organization, as applicable.
(51) "Secretary" means the secretary of the department of health.
(52) "Seriously disturbed person" means a person who:
(a) Is gravely disabled or presents a likelihood of serious harm to himself or herself or others, or to the property of others, as a result of a mental disorder as defined in chapter
71.05
RCW;
(b) Has been on conditional release status, or under a less restrictive alternative order, at some time during the preceding two years from an evaluation and treatment facility or a state mental health hospital;
(c) Has a mental disorder which causes major impairment in several areas of daily living;
(d) Exhibits suicidal preoccupation or attempts; or
(e) Is a child diagnosed by a mental health professional, as defined in chapter
71.34
RCW, as experiencing a mental disorder which is clearly interfering with the child's functioning in family or school or with peers or is clearly interfering with the child's personality development and learning.
(53) "Severely emotionally disturbed child" or "child who is severely emotionally disturbed" means a child who has been determined by the behavioral health administrative services organization or managed care organization, if applicable, to be experiencing a mental disorder as defined in chapter
71.34
RCW, including those mental disorders that result in a behavioral or conduct disorder, that is clearly interfering with the child's functioning in family or school or with peers and who meets at least one of the following criteria:
(a) Has undergone inpatient treatment or placement outside of the home related to a mental disorder within the last two years;
(b) Has undergone involuntary treatment under chapter
71.34
RCW within the last two years;
(c) Is currently served by at least one of the following child-serving systems: Juvenile justice, child-protection/welfare, special education, or developmental disabilities;
(d) Is at risk of escalating maladjustment due to:
(i) Chronic family dysfunction involving a caretaker who is mentally ill or inadequate;
(ii) Changes in custodial adult;
(iii) Going to, residing in, or returning from any placement outside of the home, for example, behavioral health hospital, short-term inpatient, residential treatment, group or foster home, or a correctional facility;
(iv) Subject to repeated physical abuse or neglect;
(v) Drug or alcohol abuse; or
(vi) Homelessness.
(54) "State minimum standards" means minimum requirements established by rules adopted and necessary to implement this chapter by:
(a) The authority for:
(i) Delivery of mental health and substance use disorder services; and
(ii) Community support services and resource management services;
(b) The department of health for:
(i) Licensed or certified behavioral health agencies for the purpose of providing mental health or substance use disorder programs and services, or both;
(ii) Licensed behavioral health providers for the provision of mental health or substance use disorder services, or both; and
(iii) Residential services.
(55) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to the use of the substances.
(56) "Tribe," for the purposes of this section, means a federally recognized Indian tribe.
[
2025 c 360 s 17
;
2025 c 346 s 2
. Prior:
2024 c 368 s 2
;
2024 c 367 s 1
;
2024 c 121 s 25
; prior:
2023 c 454 s 1
;
2023 c 433 s 1
; prior:
2021 c 302 s 402
; (2021 c 302 s 401 expired July 1, 2022); prior:
2020 c 256 s 201
;
2020 c 80 s 52
; prior:
2019 c 325 s 1004
;
2019 c 324 s 2
;
2018 c 201 s 4002
; prior:
2016 sp.s. c 29 s 502
;
2016 sp.s. c 29 s 501
;
2016 c 155 s 12
; prior:
2014 c 225 s 10
;
2013 c 338 s 5
;
2012 c 10 s 59
;
2008 c 261 s 2
;
2007 c 414 s 1
;
2006 c 333 s 104
; prior:
2005 c 504 s 105
;
2005 c 503 s 2
;
2001 c 323 s 8
;
1999 c 10 s 2
;
1997 c 112 s 38
;
1995 c 96 s 4
; prior:
1994 sp.s. c 9 s 748
;
1994 c 204 s 1
;
1991 c 306 s 2
;
1989 c 205 s 2
;
1986 c 274 s 2
;
1982 c 204 s 3
.]
NOTES:
Reviser's note:
*(1) RCW 71.24.380
was amended by 2025 c 216 s 3, removing subsection (7).
(2) This section was amended by 2025 c 346 s 2 and by 2025 c 360 s 17, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Findings
—
2025 c 346:
"The goals of co-response are to de-escalate situations, divert people from criminal justice and emergency medical systems, and bring medical and behavioral health care into the field to serve vulnerable populations.
Co-responders play a critical role in Washington's emergency response landscape, promoting a crisis care delivery system that appropriately responds to behavioral health emergencies and adapts to complex needs at the nexus of health and behavioral health. As Washington's crisis care delivery system continues to evolve, co-responders should be integrated into new and existing programs and legal frameworks in a way that consistently reflects their contributions to the health and well-being of the people of Washington and provides the necessary support for them to continue their critical work." [
2025 c 346 s 1
.]
Effective date
—
2021 c 302 s 402:
"Section 402 of this act takes effect July 1, 2022." [
2021 c 302 s 407
.]
Expiration date
—
2021 c 302 s 401:
"Section 401 of this act expires July 1, 2022." [
2021 c 302 s 406
.]
Findings
—
Intent
—
2021 c 302:
See note following RCW 71.24.890
.
Effective date
—
2020 c 80 ss 12-59:
See note following RCW 7.68.030
.
Intent
—
2020 c 80:
See note following RCW 18.71A.010
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
2019 c 324:
See note following RCW 71.24.648
.
Mental health drop-in center services pilot program
—
2019 c 324:
See note following RCW 71.24.649
.
Report
—
2019 c 324:
See note following RCW 70.38.111
.
Recommendations
—
Residential intensive behavioral health and developmental disability services
—
2019 c 324:
See note following RCW 74.39A.030
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Application
—
2012 c 10:
See note following RCW 18.20.010
.
Intent
—
Findings
—
2008 c 261:
"In the event that an existing regional support network will no longer be contracting to provide services, it is the intent of the legislature to provide flexibility to the department to facilitate a stable transition which avoids disruption of services to consumers and families, maximizes efficiency and public safety, and maintains the integrity of the public mental health system. By granting this authority and flexibility, the legislature finds that the department will be able to maximize purchasing power within allocated resources and attract high quality organizations with optimal infrastructure to perform regional support network functions through competitive procurement processes. The legislature intends for the department of social and health services to partner with political subdivisions and other entities to provide quality, coordinated, and integrated services to address the needs of individuals with behavioral health needs." [
2008 c 261 s 1
.]
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
Purpose
—
Intent
—
1999 c 10:
"The purpose of this act is to eliminate dates and provisions in chapter
71.24
RCW which are no longer needed. The legislature does not intend this act to make, and no provision of this act shall be construed as, a substantive change in the service delivery system or funding of the community mental health services law." [
1999 c 10 s 1
.]
Alphabetization of section
—
1999 c 10 s 2:
"The code reviser shall alphabetize the definitions in RCW 71.24.025
and correct any cross-references." [
1999 c 10 s 14
.]
Effective date
—
1995 c 96:
See note following RCW 71.24.400
.
Severability
—
Headings and captions not law
—
Effective date
—
1994 sp.s. c 9:
See RCW 18.79.900
through
18.79.902
.
Conflict with federal requirements
—
1991 c 306:
See note following RCW 71.24.015
.
Effective date
—
1986 c 274 ss 1, 2, 3, 5, and 9:
See note following RCW 71.24.015
.
RCW 71.24.030
Grants, purchasing of services, for community behavioral health programs.
The director is authorized to make grants and/or purchase services from counties, tribes, combinations of counties, or other entities, to establish and operate community behavioral health programs.
[
2024 c 209 s 29
;
2019 c 325 s 1005
;
2018 c 201 s 4003
;
2005 c 503 s 3
;
2001 c 323 s 9
;
1999 c 10 s 3
;
1982 c 204 s 6
;
1973 1st ex.s. c 155 s 5
;
1972 ex.s. c 122 s 30
;
1971 ex.s. c 304 s 7
;
1967 ex.s. c 111 s 3
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Effective date
—
1972 ex.s. c 122:
"Chapter 122, Laws of 1972 extraordinary session shall be effective January 1, 1975." [
1973 c 92 s 1
;
1972 ex.s. c 122 s 31
.]
RCW 71.24.035
Director's powers and duties as state behavioral health authority.
(1) The authority is designated as the state behavioral health authority which includes recognition as the single state authority for substance use disorders, state opioid treatment authority, and state mental health authority.
(2) The director shall provide for public, client, tribal, and licensed or certified behavioral health agency participation in developing the state behavioral health program, developing related contracts, and any waiver request to the federal government under medicaid.
(3) The director shall provide for participation in developing the state behavioral health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state behavioral health program.
(4) The authority shall be designated as the behavioral health administrative services organization for a regional service area if a behavioral health administrative services organization fails to meet the authority's contracting requirements or refuses to exercise the responsibilities under its contract or state law, until such time as a new behavioral health administrative services organization is designated.
(5) The director shall:
(a) Assure that any behavioral health administrative services organization, managed care organization, or community behavioral health program provides medically necessary services to medicaid recipients consistent with the state's medicaid state plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the authority;
(b) Develop contracts in a manner to ensure an adequate network of inpatient services, evaluation and treatment services, and facilities under chapter
71.05
RCW to ensure access to treatment, resource management services, and community support services;
(c) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for behavioral health services;
(d) Define administrative costs and ensure that the behavioral health administrative services organization does not exceed an administrative cost of ten percent of available funds;
(e) Establish, to the extent possible, a standardized auditing procedure which is designed to assure compliance with contractual agreements authorized by this chapter and minimizes paperwork requirements. The audit procedure shall focus on the outcomes of service as provided in RCW 71.24.435, 70.320.020, and
71.36.025
;
(f) Develop and maintain an information system to be used by the state and behavioral health administrative services organizations and managed care organizations that includes a tracking method which allows the authority to identify behavioral health clients' participation in any behavioral health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and chapter
70.02
RCW;
(g) Monitor and audit behavioral health administrative services organizations as needed to assure compliance with contractual agreements authorized by this chapter;
(h) Monitor and audit access to behavioral health services for individuals eligible for medicaid who are not enrolled in a managed care organization;
(i) Adopt such rules as are necessary to implement the authority's responsibilities under this chapter;
(j) Administer or supervise the administration of the provisions relating to persons with substance use disorders and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
(k) Require the behavioral health administrative services organizations and the managed care organizations to develop agreements with tribal, city, and county jails and the department of corrections to accept referrals for enrollment on behalf of a confined person, prior to the person's release;
(l) Require behavioral health administrative services organizations and managed care organizations, as applicable, to provide services as identified in RCW 71.05.585
and *
10.77.575
to individuals committed for involuntary treatment under less restrictive alternative court orders when:
(i) The individual is enrolled in the medicaid program; or
(ii) The individual is not enrolled in medicaid and does not have other insurance which can pay for the services; and
(m) Coordinate with the centers for medicare and medicaid services to provide that behavioral health aide services are eligible for federal funding of up to one hundred percent.
(6) The director shall use available resources only for behavioral health administrative services organizations and managed care organizations, except:
(a) To the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act; or
(b) To incentivize improved performance with respect to the client outcomes established in RCW 71.24.435, 70.320.020, and
71.36.025, integration of behavioral health and medical services at the clinical level, and improved care coordination for individuals with complex care needs.
(7) Each behavioral health administrative services organization, managed care organization, and licensed or certified behavioral health agency shall file with the secretary of the department of health or the director, on request, such data, statistics, schedules, and information as the secretary of the department of health or the director reasonably requires. A behavioral health administrative services organization, managed care organization, or licensed or certified behavioral health agency which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may be subject to the contractual remedies in RCW 74.09.871
or may have its service provider certification or license revoked or suspended.
(8) The superior court may restrain any behavioral health administrative services organization, managed care organization, or service provider from operating without a contract, certification, or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter
34.05
RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(9) Upon petition by the secretary of the department of health or the director, and after hearing held upon reasonable notice to the facility, the superior court may issue a warrant to an officer or employee of the secretary of the department of health or the director authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any behavioral health administrative services organization, managed care organization, or service provider refusing to consent to inspection or examination by the authority.
(10) Notwithstanding the existence or pursuit of any other remedy, the secretary of the department of health or the director may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a behavioral health administrative services organization, managed care organization, or service provider without a contract, certification, or a license under this chapter.
(11) The authority shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.
(12) The authority, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by freestanding evaluation and treatment facilities licensed under chapter
71.12
RCW or certified under chapter
71.05
RCW. The authority shall periodically share the results of its efforts with the appropriate committees of the senate and the house of representatives.
(13) The authority may:
(a) Plan, establish, and maintain substance use disorder prevention and substance use disorder treatment programs as necessary or desirable;
(b) Coordinate its activities and cooperate with behavioral programs in this and other states, and make contracts and other joint or cooperative arrangements with state, tribal, local, or private agencies in this and other states for behavioral health services and for the common advancement of substance use disorder programs;
(c) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(d) Keep records and engage in research and the gathering of relevant statistics; and
(e) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide substance use disorder treatment programs.
[
2023 c 51 s 31
. Prior:
2021 c 263 s 16
;
2021 c 263 s 8
;
2020 c 256 s 202
;
2019 c 325 s 1006
;
2018 c 201 s 4004
;
2016 sp.s. c 29 s 503
;
2015 c 269 s 8
;
2014 c 225 s 11
;
2013 c 200 s 24
;
2011 c 148 s 4
; prior:
2008 c 267 s 5
;
2008 c 261 s 3
; prior:
2007 c 414 s 2
;
2007 c 410 s 8
;
2007 c 375 s 12
;
2006 c 333 s 201
; prior:
2005 c 504 s 715
;
2005 c 503 s 7
; prior:
2001 c 334 s 7
;
2001 c 323 s 10
;
1999 c 10 s 4
;
1998 c 245 s 137
; prior:
1991 c 306 s 3
;
1991 c 262 s 1
;
1991 c 29 s 1
;
1990 1st ex.s. c 8 s 1
;
1989 c 205 s 3
;
1987 c 105 s 1
;
1986 c 274 s 3
;
1982 c 204 s 4
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
10.77
RCW by
2025 c 358 s 2
.
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
Effective date
—
2013 c 200:
See note following RCW 70.02.010
.
Certification of triage facilities
—
Effective date
—
2011 c 148:
See notes following RCW 71.05.020
.
Intent
—
Findings
—
2008 c 261:
See note following RCW 71.24.025
.
Short title
—
2007 c 410:
See note following RCW 13.34.138
.
Findings
—
Purpose
—
Construction
—
Severability
—
2007 c 375:
See notes following RCW 10.31.110
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
Effective date
—
2001 c 334:
See note following RCW 71.24.015
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Conflict with federal requirements
—
1991 c 306:
See note following RCW 71.24.015
.
Effective date
—
1987 c 105:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [
1987 c 105 s 2
.]
Effective date
—
1986 c 274 ss 1, 2, 3, 5, and 9:
See note following RCW 71.24.015
.
RCW 71.24.037
Licensed or certified behavioral health agencies
—
Minimum standards
—
Inspections.
(1) The secretary shall license or certify any agency or facility that: (a) Submits payment of the fee established under RCW 43.70.110
and
43.70.250
; and (b) submits a complete application that demonstrates the ability to comply with requirements for operating and maintaining an agency or facility in statute or rule.
(2) The secretary shall establish by rule minimum standards for licensed or certified behavioral health agencies that must, at a minimum, establish: (a) Qualifications for staff providing services directly to persons with mental disorders, substance use disorders, or both; (b) the intended result of each service; and (c) the rights and responsibilities of persons receiving behavioral health services pursuant to this chapter and chapters
71.34
and
71.05
RCW. The secretary shall provide for deeming of licensed or certified behavioral health agencies as meeting state minimum standards as a result of accreditation by a recognized behavioral health accrediting body recognized and having a current agreement with the department.
(3) No licensed or certified behavioral health agency may advertise or represent itself as a licensed or certified behavioral health agency if approval has not been granted or has been denied, suspended, revoked, or canceled.
(4) Licensure or certification as a behavioral health agency is effective for one calendar year from the date of issuance of the license or certification. The license or certification must specify the types of services provided by the behavioral health agency that meet the standards adopted under this chapter. Renewal of a license or certification must be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(5) Licensure or certification as a licensed or certified behavioral health agency must specify the types of services provided that meet the standards adopted under this chapter. Renewal of a license or certification must be made in accordance with this section for initial approval and in accordance with the standards set forth in rules adopted by the secretary.
(6) The department shall develop a process by which a provider may obtain dual licensure as an evaluation and treatment facility and secure withdrawal management and stabilization facility.
(7) Licensed or certified behavioral health agencies may not provide types of services for which the licensed or certified behavioral health agency has not been certified. Licensed or certified behavioral health agencies may provide services for which approval has been sought and is pending, if approval for the services has not been previously revoked or denied.
(8) The department shall maintain and periodically publish a current list of licensed or certified behavioral health agencies.
(9)(a) Licensed or certified behavioral health agencies providing voluntary inpatient or residential substance use disorder treatment services or withdrawal management services:
(i) Must comply with the policy submission and mandatory reporting requirements established in RCW 71.24.847
; and
(ii) May not prohibit a person from receiving services at or being admitted to the agency based solely on prior instances of the person releasing the person's self from the facility prior to a clinical determination that the person had completed treatment.
(b) This subsection (9) does not apply to hospitals licensed under chapter
70.41
RCW and psychiatric hospitals licensed under chapter
71.12
RCW.
(10)(a) A licensed or certified behavioral health agency shall provide each patient seeking treatment for opioid use disorder or alcohol use disorder, whether receiving inpatient or outpatient treatment, with education related to pharmacological treatment options specific to the patient's diagnosed condition. The education must include an unbiased explanation of all recognized forms of treatment approved by the federal food and drug administration, as required under RCW 7.70.050
and
7.70.060, that are clinically appropriate for the patient. Providers may use the patient shared decision-making tools for opioid use disorder and alcohol use disorder developed by the addictions, drug, and alcohol institute at the University of Washington. If the patient elects a clinically appropriate pharmacological treatment option, the behavioral health agency shall support the patient with the implementation of the pharmacological treatment either by direct provision of the medication or by a warm handoff referral, if the treating provider is unable to directly provide the medication.
(b) Unless it meets the requirements of (a) of this subsection, a behavioral health agency may not:
(i) Advertise that it treats opioid use disorder or alcohol use disorder; or
(ii) Treat patients for opioid use disorder or alcohol use disorder, regardless of the form of treatment that the patient chooses.
(c)(i) Failure to meet the education requirements of (a) of this subsection may be an element of proof in demonstrating a breach of the duty to secure an informed consent under RCW 7.70.050
.
(ii) Failure to meet the education and facilitation requirements of (a) of this subsection may be the basis of a disciplinary action under this section.
(d) This subsection does not apply to licensed behavioral health agencies that are units within a hospital licensed under chapter
70.41
RCW or a psychiatric hospital licensed under chapter
71.12
RCW.
[
2024 c 366 s 4
;
2024 c 121 s 26
;
2023 c 454 s 2
. Prior:
2019 c 446 s 23
;
2019 c 325 s 1007
;
2018 c 201 s 4005
;
2017 c 330 s 2
;
2016 sp.s. c 29 s 505
;
2001 c 323 s 11
;
1999 c 10 s 5
.]
NOTES:
Reviser's note:
This section was amended by 2024 c 121 s 26 and by 2024 c 366 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Findings
—
Intent
—
2024 c 366:
See note following RCW 71.24.847
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Finding
—
2017 c 330:
"The state finds that the department should not reduce the number of license violations found by field inspectors for the purpose of allowing licensed behavioral health service providers to avoid liability in a manner that permits the violating service provider to continue to provide care at the risk of public safety. The state also recognizes the need to prohibit fraudulent transfers of licenses between licensed behavioral health service providers found in violation of the terms of their license agreement and their family members." [
2017 c 330 s 1
.]
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
RCW 71.24.038
Investigations and inspections
—
Violations
—
Penalties.
(1) The department shall review reports or other information alleging a failure to comply with this chapter or the standards and rules adopted under this chapter and may initiate investigations and enforcement actions based on those reports.
(2) The department shall conduct inspections of licensed or certified behavioral health agencies, including reviews of records and documents required to be maintained under this chapter or rules adopted under this chapter.
(3) Each licensed or certified behavioral health agency shall file with the department or the authority upon request data, statistics, schedules, medical records, and other information the department or the authority reasonably requires. A licensed or certified behavioral health agency that without good cause fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent returns thereof, may have its license or certification revoked or suspended.
(4) The authority shall use the data provided in subsection (3) of this section to evaluate each program that admits children to inpatient substance use disorder treatment upon application of their parents. The evaluation shall be done at least once every 12 months. In addition, the authority shall randomly select and review the information on individual children who are admitted on application of the child's parent for the purpose of determining whether the child was appropriately placed into substance use disorder treatment based on an objective evaluation of the child's condition and the outcome of the child's treatment.
(5) Any settlement agreement entered into between the department and licensed or certified behavioral health agencies to resolve administrative complaints, license or certification violations, license or certification suspensions, or license or certification revocations may not reduce the number of violations reported by the department unless the department concludes, based on evidence gathered by inspectors, that the licensed or certified behavioral health agency did not commit one or more of the violations.
(6) In cases in which a licensed or certified behavioral health agency that is in violation of licensing or certification standards attempts to transfer or sell the behavioral health agency to a family member, the transfer or sale may only be made for the purpose of remedying license or certification violations and achieving full compliance with the terms of the license or certification. Transfers or sales to family members are prohibited in cases in which the purpose of the transfer or sale is to avoid liability or reset the number of license or certification violations found before the transfer or sale. If the department finds that the owner intends to transfer or sell, or has completed the transfer or sale of, ownership of the behavioral health agency to a family member solely for the purpose of resetting the number of violations found before the transfer or sale, the department may not renew the behavioral health agency's license or certification or issue a new license or certification to the behavioral health provider.
(7) In any case in which the department finds that a licensed or certified behavioral health agency has failed or refused to comply with the requirements of this chapter or the standards or rules adopted under this chapter, the department may take one or more of the actions identified in this section, except as otherwise limited in this section.
(a) When the department determines the licensed or certified behavioral health agency has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type of violation of the same or similar statute or rule, or when the licensed or certified behavioral health agency failed to correct noncompliance with a statute or rule by a date established or agreed to by the department, the department may impose reasonable conditions on a license. Conditions may include correction within a specified amount of time, training, or hiring a department-approved consultant if the licensed or certified behavioral health agency cannot demonstrate to the department that it has access to sufficient internal expertise.
(b)(i) In accordance with the department's authority under RCW 43.70.095, the department may assess a civil fine of up to $3,000 per violation on a licensed or certified behavioral health agency when the department determines the licensed or certified behavioral health agency has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type of violation of the same or similar statute or rule, or when the licensed or certified behavioral health agency failed to correct noncompliance with a statute or rule by a date established or agreed to by the department.
(ii) Proceeds from these fines may only be used by the department to provide training or technical assistance to licensed or certified behavioral health agencies and to offset costs associated with licensing, certification, or enforcement of behavioral health agencies.
(iii) The department shall adopt in rules under this chapter specific fine amounts in relation to the severity of the noncompliance and at an adequate level to be a deterrent to future noncompliance.
(iv) If a licensee is aggrieved by the department's action of assessing civil fines, the licensee has the right to appeal under RCW 43.70.095
.
(c) The department may suspend new intake or admission of a specific category or categories of individuals receiving behavioral health services as related to the violation by imposing a limited stop placement. This may only be done if the department finds that noncompliance results in immediate jeopardy.
(i) Prior to imposing a limited stop placement, the department shall provide a licensed or certified behavioral health agency written notification upon identifying deficient practices or conditions that constitute an immediate jeopardy, and the licensed or certified behavioral health agency shall have 24 hours from notification to develop and implement a department-approved plan to correct the deficient practices or conditions that constitute an immediate jeopardy. If the deficient practices or conditions that constitute immediate jeopardy are not verified by the department as having been corrected within the same 24-hour period, the department may issue the limited stop placement.
(ii) When the department imposes a limited stop placement, the licensed or certified behavioral health agency may not accept any new individuals in the category or categories subject to the limited stop placement until the limited stop placement is terminated.
(iii) The department shall conduct a follow-up inspection within five business days or within the time period requested by the licensed or certified behavioral health agency if more than five business days is needed to verify the violation necessitating the limited stop placement has been corrected.
(iv) The limited stop placement shall be terminated when:
(A) The department verifies the violation necessitating the limited stop placement has been corrected or the department determines that the licensed or certified behavioral health agency has taken intermediate action to address the immediate jeopardy; and
(B) The licensed or certified behavioral health agency establishes the ability to maintain correction of the violation previously found deficient.
(d) The department may suspend new intake or admission of individuals receiving behavioral health services as related to the violation by imposing a stop placement. This may only be done if the department finds that noncompliance results in immediate jeopardy and is not confined to a specific category or categories of individuals.
(i) Prior to imposing a stop placement, the department shall provide a licensed or certified behavioral health agency written notification upon identifying deficient practices or conditions that constitute an immediate jeopardy. The licensed or certified behavioral health agency shall have 24 hours from notification to develop and implement a department-approved plan to correct the deficient practices or conditions that constitute an immediate jeopardy. If the deficient practices or conditions that constitute an immediate jeopardy are not verified by the department as having been corrected within the same 24-hour period, the department may issue the stop placement.
(ii) When the department imposes a stop placement, the licensed or certified behavioral health agency may not accept any new individuals receiving behavioral health services until the stop placement is terminated.
(iii) The department shall conduct a follow-up inspection within five business days or within the time period requested by the licensed or certified behavioral health agency if more than five business days is needed to verify the violation necessitating the stop placement has been corrected.
(iv) The stop placement shall be terminated when:
(A) The department verifies the violation necessitating the stop placement has been corrected or the department determines that the licensed or certified behavioral health agency has taken intermediate action to address the immediate jeopardy; and
(B) The licensed or certified behavioral health agency establishes the ability to maintain correction of the violation previously found deficient.
(e) The department may suspend a specific category or categories of behavioral health services as related to the violation by imposing a limited stop service. This may only be done if the department finds that noncompliance results in immediate jeopardy.
(i) Prior to imposing a limited stop service, the department shall provide a licensed or certified behavioral health agency written notification upon identifying deficient practices or conditions that constitute an immediate jeopardy. The licensed or certified behavioral health agency shall have 24 hours from notification to develop and implement a department-approved plan to correct the deficient practices or conditions that constitute an immediate jeopardy. If the deficient practices or conditions that constitute immediate jeopardy are not verified by the department as having been corrected within the same 24-hour period, the department may issue the limited stop service.
(ii) When the department imposes a limited stop service, the licensed or certified behavioral health agency may not provide the services in the category or categories subject to the limited stop service to any new or existing individuals, unless otherwise allowed by the department, until the limited stop service is terminated.
(iii) The department shall conduct a follow-up inspection within five business days or within the time period requested by the licensed or certified behavioral health agency if more than five business days is needed to verify the violation necessitating the limited stop service has been corrected.
(iv) The limited stop service shall be terminated when:
(A) The department verifies the violation necessitating the limited stop service has been corrected or the department determines that the licensed or certified behavioral health agency has taken intermediate action to address the immediate jeopardy; and
(B) The licensed or certified behavioral health agency establishes the ability to maintain correction of the violation previously found deficient.
(f) The department may suspend, revoke, or refuse to renew a license.
(8)(a) Except as otherwise provided, RCW 43.70.115
governs notice of the imposition of conditions on a license, a limited stop placement, stop placement, limited stop service, or the suspension, revocation, or refusal to renew a license and provides the right to an adjudicative proceeding. Adjudicative proceedings and hearings under this section are governed by the administrative procedure act, chapter
34.05
RCW. The application for an adjudicative proceeding must be in writing, state the basis for contesting the adverse action, include a copy of the department's notice, be served on and received by the department within 28 days of the licensee's receipt of the adverse notice, and be served in a manner that shows proof of receipt.
(b) When the department determines a licensee's noncompliance results in immediate jeopardy, the department may make the imposition of conditions on a licensee, a limited stop placement, stop placement, limited stop service, or the suspension of a license effective immediately upon receipt of the notice by the licensee, pending any adjudicative proceeding.
(i) When the department makes the suspension of a license or imposition of conditions on a license effective immediately, a licensee is entitled to a show cause hearing before a presiding officer within 14 days of making the request. The licensee must request the show cause hearing within 28 days of receipt of the notice of immediate suspension or immediate imposition of conditions. At the show cause hearing the department has the burden of demonstrating that more probably than not there is an immediate jeopardy.
(ii) At the show cause hearing, the presiding officer may consider the notice and documents supporting the immediate suspension or immediate imposition of conditions and the licensee's response and shall provide the parties with an opportunity to provide documentary evidence and written testimony, and to be represented by counsel. Prior to the show cause hearing, the department shall provide the licensee with all documentation that supports the department's immediate suspension or immediate imposition of conditions.
(iii) If the presiding officer determines there is no immediate jeopardy, the presiding officer may overturn the immediate suspension or immediate imposition of conditions.
(iv) If the presiding officer determines there is immediate jeopardy, the immediate suspension or immediate imposition of conditions shall remain in effect pending a full hearing.
(v) If the secretary sustains the immediate suspension or immediate imposition of conditions, the licensee may request an expedited full hearing on the merits of the department's action. A full hearing must be provided within 90 days of the licensee's request.
(9) When the department determines an alleged violation, if true, would constitute an immediate jeopardy, and the licensee fails to cooperate with the department's investigation of such an alleged violation, the department may impose an immediate limited stop placement, immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension.
(a) When the department imposes an immediate limited stop placement, immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate, a licensee is entitled to a show cause hearing before a presiding officer within 14 days of making the request. The licensee must request the show cause hearing within 28 days of receipt of the notice of an immediate limited stop placement, immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate. At the show cause hearing the department has the burden of demonstrating that more probably than not the alleged violation, if true, would constitute an immediate jeopardy and the licensee failed to cooperate with the department's investigation.
(b) At the show cause hearing, the presiding officer may consider the notice and documents supporting the immediate limited stop placement, immediate stop placement, immediate limited stop service, immediate imposition of conditions, or immediate suspension for failure to cooperate, and the licensee's response and shall provide the parties with an opportunity to provide documentary evidence and written testimony, and to be represented by counsel. Prior to the show cause hearing, the department shall provide the licensee with all documentation that supports the department's immediate action for failure to cooperate.
(c) If the presiding officer determines the alleged violation, if true, does not constitute an immediate jeopardy or determines that the licensee cooperated with the department's investigation, the presiding officer may overturn the immediate action for failure to cooperate.
(d) If the presiding officer determines the allegation, if true, would constitute an immediate jeopardy and the licensee failed to cooperate with the department's investigation, the immediate action for failure to cooperate shall remain in effect pending a full hearing.
(e) If the presiding officer sustains the immediate action for failure to cooperate, the licensee may request an expedited full hearing on the merits of the department's action. A full hearing must be provided within 90 days of the licensee's request.
[
2024 c 121 s 27
.]
RCW 71.24.045
Behavioral health administrative services organization powers and duties.
(1) The behavioral health administrative services organization contracted with the authority pursuant to RCW 71.24.381
shall:
(a) Administer crisis services for the assigned regional service area. Such services must include:
(i) A behavioral health crisis hotline that operates 24 hours a day every day for its assigned regional service area that provides immediate support, triage, and referral, including tribal and Indian health care provider crisis services, for individuals experiencing behavioral health crises, including the capacity to connect individuals with trained crisis counselors and, when appropriate, dispatch additional crisis services consistent with existing strategies and operations of the 988 system;
(ii) Crisis response services 24 hours a day, seven days a week, 365 days a year;
(iii) Services related to involuntary commitments under chapters
71.05
and
71.34
RCW;
(iv) Tracking of less restrictive alternative orders issued within the region by superior courts, and providing notification to a managed care organization in the region when one of its enrollees receives a less restrictive alternative order so that the managed care organization may ensure that the person is connected to services and that the requirements of RCW 71.05.585
are complied with. If the person receives a less restrictive alternative order and is returning to another region, the behavioral health administrative services organization shall notify the behavioral health administrative services organization in the home region of the less restrictive alternative order so that the home behavioral health administrative services organization may notify the person's managed care organization or provide services if the person is not enrolled in medicaid and does not have other insurance which can pay for those services;
(v) Additional noncrisis behavioral health services, within available resources, to individuals who meet certain criteria set by the authority in its contracts with the behavioral health administrative services organization. These services may include services provided through federal grant funds, provisos, and general fund state appropriations;
(vi) Care coordination, diversion services, and discharge planning for nonmedicaid individuals transitioning from state hospitals or inpatient settings to reduce rehospitalization and utilization of crisis services, as required by the authority in contract;
(vii) Regional coordination, cross-system and cross-jurisdiction coordination with tribal governments, and capacity building efforts, such as supporting the behavioral health advisory board and efforts to support access to services or to improve the behavioral health system; and
(viii) Duties under RCW 71.24.432
;
(b) Administer and provide for the availability of an adequate network of evaluation and treatment services to ensure access to treatment, investigation, transportation, court-related, and other services provided as required under chapter
71.05
RCW;
(c) Coordinate services for individuals under RCW 71.05.365
;
(d) Administer and provide for the availability of resource management services, residential services, and community support services as required under its contract with the authority;
(e) Contract with a sufficient number, as determined by the authority and in consultation with the behavioral health administrative services organization regarding funds required for this purpose, of licensed or certified providers for crisis services, which may include crisis services delegated to the behavioral health administrative services organization consistent with RCW 71.24.380
(3)(b) and other behavioral health services required by the authority;
(f) Collaborate with the authority to develop a funding model for establishing adequate reserve thresholds, considering service utilization, crisis system operations, and crisis service needs for the medicaid and nonmedicaid populations;
(g) Establish and maintain quality assurance processes;
(h) Meet established limitations on administrative costs for agencies that contract with the behavioral health administrative services organization; and
(i) Maintain patient tracking information as required by the authority.
(2)(a) The behavioral health administrative services organization must collaborate with the authority and its contracted managed care organizations to develop and implement strategies to coordinate care with tribes and community behavioral health providers for individuals with a history of frequent crisis system utilization.
(b) To facilitate care coordination with managed care organizations for managed care enrollees that have engagement with the crisis system, the behavioral health administrative services organizations, in consultation with managed care organizations, shall develop and implement electronic care coordination data-sharing standards that are consistent across regional service areas by January 1, 2026.
(3) The behavioral health administrative services organization shall:
(a) Assure that the special needs of minorities, older adults, individuals with disabilities, children, and low-income persons are met;
(b) Collaborate with local and tribal government entities to ensure that policies do not result in an adverse shift of persons with mental illness into state, local, and tribal correctional facilities; and
(c) Work with the authority to expedite the enrollment or reenrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases.
(4) The behavioral health administrative services organization shall employ an assisted outpatient treatment program coordinator to oversee system coordination and legal compliance for assisted outpatient treatment under RCW 71.05.148
and
71.34.815
.
(5) The behavioral health administrative services organization shall comply and ensure their contractors comply with the tribal crisis coordination plan agreed upon by the authority and tribes for coordination of crisis services, care coordination, and discharge and transition planning with tribes and Indian health care providers.
(6) Within existing resources, the authority shall develop an operational plan for a behavioral health administrative services organization that serves American Indians and Alaska Natives that operates statewide and coordinates with tribal governments and Indian health care providers as defined in RCW 43.71B.010
. The office of tribal affairs shall coordinate the development of the operational plan in partnership with the American Indian health commission as defined in RCW 43.71B.010
and the governor's Indian health advisory council which shall provide a forum for consultation and collaboration with the tribes and Indian health care providers.
[
2025 c 216 s 2
. Prior:
2024 c 368 s 3
;
2024 c 209 s 30
;
2022 c 210 s 27
; (2022 c 210 s 26 expired October 1, 2022); prior:
2021 c 263 s 17
;
2021 c 202 s 15
;
2019 c 325 s 1008
; prior:
2018 c 201 s 4006
;
2018 c 175 s 7
;
2016 sp.s. c 29 s 421
;
2014 c 225 s 13
;
2014 c 225 s 12
;
2006 c 333 s 105
;
2005 c 503 s 8
;
2001 c 323 s 12
;
1992 c 230 s 5
; prior:
1991 c 363 s 147
;
1991 c 306 s 5
;
1991 c 29 s 2
;
1989 c 205 s 4
;
1986 c 274 s 5
;
1982 c 204 s 5
.]
NOTES:
Effective date
—
2022 c 210 s 27:
"Section 27 of this act takes effect October 1, 2022." [
2022 c 210 s 35
.]
Expiration date
—
2022 c 210 s 26:
"Section 26 of this act expires October 1, 2022." [
2022 c 210 s 34
.]
Application
—
2021 c 263:
See note following RCW 10.77.550
.
Effective date
—
2021 c 202 ss 15-17:
"Sections 15 through 17 of this act take effect October 1, 2022." [
2021 c 202 s 19
.]
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Findings
—
Intent
—
2018 c 175:
See note following RCW 74.09.495
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
Effective date
—
1992 c 230 s 5:
"Section 5 of this act shall take effect July 1, 1995." [
1992 c 230 s 8
.]
Intent
—
1992 c 230:
See note following RCW 72.23.025
.
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
Conflict with federal requirements
—
1991 c 306:
See note following RCW 71.24.015
.
Effective date
—
1986 c 274 ss 1, 2, 3, 5, and 9:
See note following RCW 71.24.015
.
RCW 71.24.061
Children's mental health provider networks
—
Children's mental health evidence-based practice institute
—
Partnership access line pilot programs
—
Report to legislature.
(1) The authority shall provide flexibility to encourage licensed or certified community behavioral health agencies to subcontract with an adequate, culturally competent, and qualified children's mental health provider network.
(2) To the extent that funds are specifically appropriated for this purpose or that nonstate funds are available, a children's mental health evidence-based practice institute shall be established at the University of Washington department of psychiatry and behavioral sciences. The institute shall closely collaborate with entities currently engaged in evaluating and promoting the use of evidence-based, research-based, promising, or consensus-based practices in children's mental health treatment, including but not limited to the University of Washington department of psychiatry and behavioral sciences, Seattle children's hospital, the University of Washington school of nursing, the University of Washington school of social work, and the Washington state institute for public policy. To ensure that funds appropriated are used to the greatest extent possible for their intended purpose, the University of Washington's indirect costs of administration shall not exceed ten percent of appropriated funding. The institute shall:
(a) Improve the implementation of evidence-based and research-based practices by providing sustained and effective training and consultation to licensed children's mental health providers and child-serving agencies who are implementing evidence-based or researched-based practices for treatment of children's emotional or behavioral disorders, or who are interested in adapting these practices to better serve ethnically or culturally diverse children. Efforts under this subsection should include a focus on appropriate oversight of implementation of evidence-based practices to ensure fidelity to these practices and thereby achieve positive outcomes;
(b) Continue the successful implementation of the "partnerships for success" model by consulting with communities so they may select, implement, and continually evaluate the success of evidence-based practices that are relevant to the needs of children, youth, and families in their community;
(c) Partner with youth, family members, family advocacy, and culturally competent provider organizations to develop a series of information sessions, literature, and online resources for families to become informed and engaged in evidence-based and research-based practices;
(d) Participate in the identification of outcome-based performance measures under RCW 71.36.025
(2) and partner in a statewide effort to implement statewide outcomes monitoring and quality improvement processes; and
(e) Serve as a statewide resource to the authority and other entities on child and adolescent evidence-based, research-based, promising, or consensus-based practices for children's mental health treatment, maintaining a working knowledge through ongoing review of academic and professional literature, and knowledge of other evidence-based practice implementation efforts in Washington and other states.
(3)(a) To the extent that funds are specifically appropriated for this purpose, the authority in collaboration with the University of Washington department of psychiatry and behavioral sciences and Seattle children's hospital shall implement the following access lines:
(i) The partnership access line to support primary care providers in the assessment and provision of appropriate diagnosis and treatment of children with mental and behavioral health disorders and track outcomes of this program;
(ii) The partnership access line for moms to support obstetricians, pediatricians, primary care providers, mental health professionals, and other health care professionals providing care to pregnant women and new mothers through same-day telephone consultations in the assessment and provision of appropriate diagnosis and treatment of depression in pregnant women and new mothers;
(iii) The mental health referral service for children and teens to facilitate referrals to children's mental health services and other resources for parents and guardians with concerns related to the mental health of the parent or guardian's child. Facilitation activities include assessing the level of services needed by the child; within an average of seven days from call intake processing with a parent or guardian, identifying mental health professionals who are in-network with the child's health care coverage who are accepting new patients and taking appointments; coordinating contact between the parent or guardian and the mental health professional; and providing postreferral reviews to determine if the child has outstanding needs. In conducting its referral activities, the program shall collaborate with existing databases and resources to identify in-network mental health professionals; and
(iv) The first approach skills training program to provide brief, evidence-based behavioral therapy for youth and families with common mental health concerns.
(b) The program activities described in (a) of this subsection shall be designed to promote more accurate diagnoses and treatment through timely case consultation between primary care providers and child psychiatric specialists, and focused educational learning collaboratives with primary care providers.
(4) The authority, in collaboration with the University of Washington department of psychiatry and behavioral sciences and Seattle children's hospital, shall report on the following:
(a) The number of individuals who have accessed the resources described in subsection (3) of this section;
(b) The number of providers, by type, who have accessed the resources described in subsection (3) of this section;
(c) Demographic information, as available, for the individuals described in (a) of this subsection. Demographic information may not include any personally identifiable information and must be limited to the individual's age, gender, and city and county of residence;
(d) A description of resources provided;
(e) Average time frames from receipt of call to referral for services or resources provided; and
(f) Systemic barriers to services, as determined and defined by the health care authority, the University of Washington department of psychiatry and behavioral sciences, and Seattle children's hospital.
(5) Beginning December 30, 2019, and annually thereafter, the authority must submit, in compliance with RCW 43.01.036, a report to the governor and appropriate committees of the legislature with findings and recommendations for improving services and service delivery from subsection (4) of this section.
(6) The authority shall enforce requirements in managed care contracts to ensure care coordination and network adequacy issues are addressed in order to remove barriers to access to mental health services identified in the report described in subsection (4) of this section.
[
2024 c 358 s 1
;
2021 c 126 s 1
;
2020 c 291 s 1
;
2019 c 325 s 1009
. Prior:
2018 c 288 s 2
;
2018 c 201 s 4007
;
2014 c 225 s 35
;
2007 c 359 s 7
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Captions not law
—
2007 c 359:
See note following RCW 71.36.005
.
RCW 71.24.062
Psychiatry consultation line
—
Implementation.
(1) To the extent that funds are specifically appropriated for this purpose or nonstate funds are available, the authority in collaboration with the University of Washington department of psychiatry and behavioral sciences shall implement a psychiatric consultation call center to provide emergency department providers, primary care providers, and county and municipal correctional facility providers with on-demand access to psychiatric and substance use disorder clinical consultation for adult patients.
(2) When clinically appropriate and technically feasible, the clinical consultation may occur via telemedicine.
(3) Beginning in fiscal year 2021, to the extent that adequate funds are appropriated, the service shall be available seven days a week, twenty-four hours a day.
[
2020 c 291 s 2
.]
RCW 71.24.063
Partnership access lines
—
Psychiatric consultation lines
—
Data collection.
(1) The University of Washington department of psychiatry and behavioral sciences shall collect the following information for the partnership access line for moms described in RCW 71.24.061
(3)(a)(ii), and the psychiatric consultation line described in RCW 71.24.062, in coordination with any hospital that it collaborates with to administer the programs:
(a) The number of individuals served;
(b) Demographic information regarding the individuals served, as available, including the individual's age, gender, and city and county of residence. Demographic information may not include any personally identifiable information;
(c) Demographic information regarding the providers placing the calls, including type of practice, and city and county of practice;
(d) Insurance information, including health plan and carrier, as available;
(e) A description of the resources provided; and
(f) Provider satisfaction.
(2) The authority shall collect the following information for the program called the mental health referral service for children and teens described in RCW 71.24.061
(3)(a)(iii), and the partnership access line described in RCW 71.24.061
(3)(a)(i), in coordination with Seattle children's hospital to administer the program:
(a) The number of individuals served;
(b) Demographic information regarding the individuals served, as available, including the individual's age, gender, and city and county of residence. Demographic information may not include any personally identifiable information;
(c) Demographic information regarding the parents or guardians placing the calls, including family location;
(d) Insurance information, including health plan and carrier, as available;
(e) A description of the resources provided;
(f) Average time frames from receipt of the call to referral for services or resources provided;
(g) The most frequently requested issues that parents and guardians are asking for assistance with;
(h) The most frequently requested issues that families are asking for referral assistance with;
(i) The number of individuals that receive an appointment based on referral assistance; and
(j) Parent or guardian satisfaction.
(3) The authority shall collect the following information for the first approach skills training program (FAST) described in RCW 71.24.061
(3)(a)(iv), in coordination with Seattle children's hospital to administer the program:
(a) The number of providers trained;
(b) The number of clinics supported;
(c) The number of ongoing consultation training sessions delivered;
(d) The utilization rates of the FAST website video and materials; and
(e) Updates on all new materials created, such as new translations, for the program.
[
2024 c 358 s 2
;
2020 c 291 s 3
.]
RCW 71.24.064
Partnership access lines
—
Psychiatric consultation lines
—
Funding
—
Performance measures.
(1) Beginning July 1, 2021, the partnership access lines described in RCW 71.24.061
(3)(a), the psychiatric consultation line described in RCW 71.24.062, and the first approach skills training program described in RCW 71.24.061
(3)(a)(iv) shall be funded as follows:
(a) The authority, in consultation with the University of Washington department of psychiatry and behavioral sciences and Seattle children's hospital shall determine the annual costs of operating each program, as well as the authority's costs for administering the programs.
(b) For each program, the authority shall calculate the proportion of clients that are covered by programs administered pursuant to chapter
74.09
RCW. The state must cover the cost for programs administered pursuant to chapter
74.09
RCW through state and federal funds, as appropriated.
(c)(i) The authority shall collect a proportional share of program costs from each of the following entities that are not for covered lives under contract with the authority as medicaid managed care organizations:
(A) Health carriers, as defined in RCW 48.43.005
;
(B) Self-funded multiple employer welfare arrangements, as defined in RCW 48.125.010
;
(C) Employers or other entities that provide health care in this state, including self-funding entities or employee welfare benefit plans.
(ii) For entities listed in (c)(i) of this subsection, a proportional share of the entity's annual program costs for each program must be calculated by determining the annual cost of operating the program not covered under (b) of this subsection and multiplying it by a fraction that in which the numerator is the entity's total number of resident insured persons among the population served by the program and the denominator is the total number of residents in the state who are served by the program and not covered by programs administered pursuant to chapter
74.09
RCW. The total number of resident insured persons among the population served by the program shall be determined according to the covered lives per calendar year determined by covered person months.
(iii) The entities listed in (c)(i) of this subsection shall provide information needed to calculate the proportional share of program costs under this section to the authority.
(d) The authority's administrative costs for these programs may not be included in the assessments.
(2) The authority may contract with a third-party administrator to calculate and administer the assessments of the entities identified in subsection (1)(c)(i) of this section.
(3) The authority shall develop separate performance measures for the partnership access lines described in RCW 71.24.061
(3)(a), and the psychiatric consultation line described in RCW 71.24.062
.
(4) The University of Washington department of psychiatry and behavioral sciences, in coordination with any hospital that it collaborates with to administer the programs, shall provide quarterly reports to the authority on the demographic data collected by each program, as described in RCW 71.24.063
(1) and (2), any performance measures specified by the authority, and systemic barriers to services, as determined and defined by the authority, the University of Washington, and Seattle children's hospital.
[
2024 c 358 s 3
;
2020 c 291 s 4
.]
RCW 71.24.066
Partnership access line pilot programs
—
Determination to be made permanent
—
Long-term funding.
Using data from the reports required in RCW 71.24.061
(5), the legislature shall decide whether to make the partnership access line for moms and the partnership access line for kids referral and assistance [service] programs, as described in *RCW 71.24.061
(3)(a)(ii), permanent programs. If the legislature decides to make the programs permanent, the programs shall be funded in the same manner as in RCW 71.24.062
beginning July 1, 2021.
[
2020 c 291 s 5
.]
NOTES:
*Reviser's note:
RCW 71.24.061
was amended by 2021 c 126 s 1, changing subsection (3)(a)(ii)(A) and (B) to subsection (3)(a)(ii) and (iii), respectively. Also, the "partnership access line for kids referral and assistance service" was changed to "mental health referral service for children and teens."
RCW 71.24.067
Partnership access lines
—
Psychiatric consultation lines
—
Review.
(1) The joint legislative audit and review committee shall conduct a review, in consultation with the authority, the University of Washington department of psychiatry and behavioral science[s,] and Seattle children's hospital, of the programs as described in RCW 71.24.061
(3)(a) and
71.24.062, covering the period from January 1, 2019, through December 30, 2021. The review shall evaluate the programs' success at addressing patients' issues related to access to mental health and substance use disorder services.
(2) The joint legislative audit and review committee shall submit the review, including its findings and recommendations, to the legislature by December 1, 2022.
[
2020 c 291 s 6
.]
RCW 71.24.068
Telebehavioral health access account.
The telebehavioral health access account is created in the state treasury. All receipts from collections under RCW 71.24.064
must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for supporting telebehavioral health programs identified in RCW 71.24.061
(3)(a) and
71.24.062
.
[
2020 c 291 s 7
.]
RCW 71.24.100
County-run behavioral health administrative services organizations
—
Joint operating agreements
—
Requirements.
(1) A county authority or a group of county authorities may enter into a joint operating agreement to submit a request to contract with the authority to operate a behavioral health administrative services organization whose boundaries are consistent with the regional service areas established under RCW 74.09.870
.
(2) All counties within the regional service area must mutually agree to enter into a contract with the authority to become a behavioral health administrative services organization and appoint a single fiscal agent for the regional service area. Similarly, in order to terminate such contract, all counties that are contracted with the authority as a behavioral health administrative services organization must mutually agree to terminate the contract with the authority.
(3) Once the authority receives a request from a county or a group of counties within a regional service area to be the designated behavioral health administrative services organization, the authority must promptly collaborate with the county or group of counties within that regional service area to determine the most feasible implementation date and coordinate readiness reviews.
(4) No behavioral health administrative services organization may contract with itself as a behavioral health agency, or contract with a behavioral health agency that has administrative linkages to the behavioral health administrative services organization in any manner that would give the agency a competitive advantage in obtaining or competing for contracts, except that a county or group of counties may provide designated crisis responder services, initial crisis services, criminal diversion services, hospital reentry services, and criminal reentry services. The county-administered service must have a clear separation of powers and duties separate from a county-run behavioral health administrative services organization and suitable accounting procedures must be followed to ensure the funding is traceable and accounted for separately from other funds.
(5) Nothing in this section limits the authority's ability to take remedial actions up to and including termination of a contract in order to enforce contract terms or to remedy nonperformance of contractual duties.
[
2019 c 325 s 1010
;
2018 c 201 s 4008
;
2014 c 225 s 14
;
2012 c 117 s 442
;
2005 c 503 s 9
;
1982 c 204 s 7
;
1967 ex.s. c 111 s 10
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
RCW 71.24.112
Health engagement hubs pilot program.
(1)(a) The authority shall implement a pilot program for health engagement hubs by August 1, 2024. The pilot program will test the functionality and operability of health engagement hubs, including whether and how to incorporate and build on existing medical, harm reduction, treatment, and social services in order to create an all-in-one location where people who use drugs can access such services.
(b) Subject to amounts appropriated, the authority shall establish pilot programs on at least two sites, with one site located in an urban area and one located in a rural area.
(c) The authority shall report on the pilot program results, including recommendations for expansion, and rules and payment structures, to the legislature no later than August 1, 2026.
(2) The authority shall develop payment structures for health engagement hubs by June 30, 2024. Subject to the availability of funds appropriated for this purpose, and to the extent allowed under federal law, the authority shall direct medicaid managed care organizations to adopt a value-based bundled payment methodology in contracts with health engagement hubs and other opioid treatment providers. The authority shall not implement this requirement in managed care contracts unless expressly authorized by the legislature.
(3) A health engagement hub is intended to:
(a) Serve as an all-in-one location where people 18 years of age or older who use drugs can access a range of medical, harm reduction, treatment, and social services;
(b) Be affiliated with existing syringe service programs, federally qualified health centers, community health centers, overdose prevention sites, safe consumption sites, patient-centered medical homes, tribal behavioral health programs, peer run organizations such as clubhouses, services for unhoused people, supportive housing, and opioid treatment programs including mobile and fixed-site medication units established under an opioid treatment program, or other appropriate entity;
(c) Provide referrals or access to methadone and other medications for opioid use disorder;
(d) Function as a patient-centered medical home by offering high-quality, cost-effective patient-centered care, including wound care;
(e) Provide harm reduction services and supplies; and
(f) Provide linkage to housing, transportation, and other support services.
[
2023 sp.s. c 1 s 26
.]
RCW 71.24.113
Grant program
—
Employment and education opportunities for persons recovering from a substance use disorder.
Subject to funding provided for this specific purpose, the authority shall establish a grant program for providers of employment, education, training, certification, and other supportive programs designed to provide persons recovering from a substance use disorder with employment and education opportunities. The grant program shall employ a low-barrier application and give priority to programs that engage with Black, indigenous, persons of color, and other historically underserved communities.
[
2023 sp.s. c 1 s 27
.]
RCW 71.24.115
Recovery navigator programs.
(1) Each behavioral health administrative services organization shall establish recovery navigator programs with the goal of providing law enforcement and other criminal legal system personnel with a credible alternative to further legal system involvement for criminal activity that stems from unmet behavioral health needs or poverty. The programs shall work to improve community health and safety by reducing individuals' involvement with the criminal legal system through the use of specific human services tools and in coordination with community input. Each program must include a dedicated project manager and be governed by a policy coordinating group comprised, in alignment with the core principles, of local executive and legislative officials, public safety agencies, including police and prosecutors, and civil rights, public defense, and human services organizations.
(2) The recovery navigator programs shall be organized on a scale that permits meaningful engagement, collaboration, and coordination with local law enforcement and municipal agencies through the policy coordinating groups. The programs shall provide community-based outreach, intake, assessment, and connection to services and, as appropriate, long-term intensive case management and recovery coaching services, to youth and adults with substance use disorder, including for persons with co-occurring substance use disorders and mental health conditions, who are referred to the program from diverse sources and shall facilitate and coordinate connections to a broad range of community resources for youth and adults with substance use disorder, including treatment and recovery support services. Recovery navigator programs must serve and prioritize individuals who are actually or potentially exposed to the criminal legal system with respect to unlawful behavior connected to substance use or other behavioral health issues.
(3) By June 30, 2024, the authority shall revise its uniform program standards for behavioral health administrative services organizations to follow in the design of their recovery navigator programs to achieve fidelity with the core principles. The uniform program standards must be modeled upon the components of the law enforcement assisted diversion program and address project management, field engagement, biopsychosocial assessment, intensive case management and care coordination, stabilization housing when available and appropriate, and, as necessary, legal system coordination for participants' legal cases that may precede or follow referral to the program. The uniform program standards must incorporate the law enforcement assisted diversion framework for diversion at multiple points of engagement with the criminal legal system, including prearrest, prebooking, prefiling, and for ongoing case conferencing with law enforcement, prosecutors, community stakeholders, and program case managers. The authority must adopt the uniform program standards from the components of the law enforcement assisted diversion program to accommodate an expanded population of persons with substance use disorders, including persons with co-occurring substance use disorders and mental health conditions, provide for referrals from a broad range of sources, and require prioritization of those who are or likely will be exposed to the criminal legal system related to their behavioral health challenges. In addition to accepting referrals from law enforcement and courts of limited jurisdiction, the uniform program standards must provide guidance for accepting referrals on behalf of persons with substance use disorders, including persons with co-occurring substance use disorders and mental health conditions, from various sources including, but not limited to, self-referral, family members of the individual, emergency department personnel, persons engaged with serving homeless persons, including those living unsheltered or in encampments, fire department personnel, emergency medical service personnel, community-based organizations, members of the business community, harm reduction program personnel, faith-based organization staff, and other sources within the criminal legal system, so that individuals are engaged as early as possible within the sequential intercept model. In developing response time requirements within the statewide program standards, the authority shall require, subject to the availability of amounts appropriated for this specific purpose, that responses to referrals from law enforcement occur immediately for in-custody referrals and shall strive for rapid response times to other appropriate settings such as emergency departments and courts of limited jurisdiction.
(4) Subject to the availability of amounts appropriated for this specific purpose, the authority shall provide funding to each behavioral health administrative services organization for the continuation of and, as required by this section, the revisions to and reorganization of the recovery navigator programs they fund. Before receiving funding for implementation and ongoing administration, each behavioral health administrative services organization must submit a program plan that demonstrates the ability to fully comply with statewide program standards. The authority shall establish a schedule for the regular review of recovery navigator programs funded by behavioral health administrative services organizations. The authority shall arrange for technical assistance to be provided by the LEAD national support bureau to all behavioral health administrative services organizations, the authority, contracted providers, and independent stakeholders and partners, such as prosecuting attorneys and law enforcement.
(5) Each behavioral health administrative services organization must have a substance use disorder regional administrator for its recovery navigator program. The regional administrator shall be responsible for assuring compliance with program standards, including staffing standards. Each recovery navigator program must maintain a sufficient number of appropriately trained personnel for providing intake and referral services, conducting comprehensive biopsychosocial assessments, providing intensive case management services, and making warm handoffs to treatment and recovery support services along the continuum of care. Program staff must include people with lived experience with substance use disorder to the extent possible. The substance use disorder regional administrator must assure that staff who are conducting intake and referral services and field assessments are paid a livable and competitive wage and have appropriate initial training and receive continuing education.
(6) Each recovery navigator program must submit quarterly reports to the authority with information identified by the authority and the substance use recovery services advisory committee. The reports must be provided to the substance use recovery services advisory committee for discussion at meetings following the submission of the reports.
(7) No civil liability may be imposed by any court on the state or its officers or employees, an appointed or elected official, public employee, public agency as defined in RCW 4.24.470, combination of units of government and its employees as provided in RCW 36.28A.010, nonprofit community-based organization, tribal government entity, tribal organization, or urban Indian organization, based on the administration of a recovery navigator program except upon proof of bad faith or gross negligence.
(8) For the purposes of this section, the term "core principles" means the core principles of a law enforcement assisted diversion program, as established by the law enforcement assisted diversion national support bureau in its toolkit, as it existed on July 1, 2023.
[
2023 sp.s. c 1 s 25
;
2021 c 311 s 2
.]
NOTES:
Effective date
—
2021 c 311 ss 1-11 and 13-21:
"Sections 1 through 11 and 13 through 21 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 13, 2021]." [
2021 c 311 s 26
.]
RCW 71.24.125
Grant program
—
Treatment services
—
Regional access standards.
(1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a grant program to:
(a) Provide treatment services for low-income individuals with substance use disorder who are not eligible for medical assistance programs under chapter
74.09
RCW, with priority for the use of the funds for very low-income individuals; and
(b) Provide treatment services that are not eligible for federal matching funds to individuals who are enrolled in medical assistance programs under chapter
74.09
RCW.
(2) In establishing the grant program, the authority shall consult with the substance use recovery services advisory committee established in RCW 71.24.546, behavioral health administrative services organizations, managed care organizations, and regional behavioral health providers to adopt regional standards that are consistent with the substance use recovery services plan developed under RCW 71.24.546
to provide sufficient access for youth and adults to meet each region's needs for:
(a) Opioid use disorder treatment programs;
(b) Low-barrier buprenorphine clinics;
(c) Outpatient substance use disorder treatment;
(d) Withdrawal management services, including both subacute and medically managed withdrawal management;
(e) Secure withdrawal management and stabilization services;
(f) Inpatient substance use disorder treatment services;
(g) Inpatient co-occurring disorder treatment services; and
(h) Behavioral health crisis walk-in and drop-off services.
(3) Funds in the grant program must be used to reimburse providers for the provision of services to individuals identified in subsection (1) of this section. The authority may use the funds to support evidence-based practices and promising practices that are not reimbursed by medical assistance or private insurance, including contingency management. In addition, funds may be used to provide assistance to organizations to establish or expand services as reasonably necessary and feasible to increase the availability of services to achieve the regional access standards developed under subsection (2) of this section, including such items as training and recruitment of personnel, reasonable modifications to existing facilities to accommodate additional clients, start-up funding, and similar forms of assistance. Funds may not be used to support the ongoing operational costs of a provider or organization, except in relation to payments for specific service encounters with an individual identified in subsection (1) of this section or for noninsurance reimbursable services.
(4) The authority must establish regional access standards under subsection (2) of this section, subject to the availability of amounts appropriated for this specific purpose, by January 1, 2023, and begin distributing grant funds by March 1, 2023.
[
2021 c 311 s 3
.]
NOTES:
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
RCW 71.24.135
Expanded recovery support services program
—
Regional expanded recovery plans.
(1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish the expanded recovery support services program to increase access to recovery services for individuals in recovery from substance use disorder.
(2) In establishing the program, the authority shall consult with the substance use recovery services advisory committee established in RCW 71.24.546, behavioral health administrative services organizations, regional behavioral health providers, and regional community organizations that support individuals in recovery from substance use disorders, including individuals with co-occurring substance use disorders and mental health conditions, to adopt regional expanded recovery plans that are consistent with the substance use recovery services plan developed under RCW 71.24.546
to provide sufficient access for youth and adults to meet each region's needs for:
(a) Recovery housing;
(b) Employment pathways, support, training, and job placement, including evidence-based supported employment program services;
(c) Education pathways, including recovery high schools and collegiate recovery programs;
(d) Recovery coaching and substance use disorder peer support;
(e) Social connectedness initiatives, including the recovery café model;
(f) Family support services, including family reconciliation services;
(g) Technology-based recovery support services;
(h) Transportation assistance; and
(i) Legal support services.
(3) Funds in the expanded recovery support services program must be used to reimburse providers for the provision of services to individuals in recovery from substance use disorders, including individuals with co-occurring substance use disorders and mental health conditions. In addition, the funds may be used to provide assistance to organizations to establish or expand recovery support services as reasonably necessary and feasible to increase the availability of services to achieve the regional expanded recovery plans developed under subsection (2) of this section, including such items as training and recruitment of personnel, reasonable modifications to existing facilities to accommodate additional clients, and similar forms of assistance.
(4) The authority must establish regional expanded recovery plans under subsection (2) of this section, subject to the availability of amounts appropriated for this specific purpose, by January 1, 2023, and begin distributing grant funds by March 1, 2023.
[
2021 c 311 s 4
.]
NOTES:
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
RCW 71.24.145
Homeless outreach stabilization transition program
—
Psychiatric outreach
—
Contingency management resources
—
Substance misuse prevention effort
—
Grants.
(1) Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a homeless outreach stabilization transition program to expand access to modified assertive community treatment services provided by multidisciplinary behavioral health outreach teams to serve people who are living with serious substance use disorders or co-occurring substance use disorders and mental health conditions, are experiencing homelessness, and whose severity of behavioral health symptom acuity level creates a barrier to accessing and receiving conventional behavioral health services and outreach models.
(a) In establishing the program, the authority shall consult with behavioral health outreach organizations who have experience delivering this service model in order to establish program guidelines regarding multidisciplinary team staff types, service intensity and quality fidelity standards, and criteria to ensure programs are reaching the appropriate priority population.
(b) Funds for the homeless outreach stabilization transition program must be used to reimburse organizations for the provision of multidisciplinary outreach services to individuals who are living with substance use disorders or co-occurring substance use and mental health disorders and are experiencing homelessness or transitioning from homelessness to housing. The funds may be used to provide assistance to organizations to establish or expand services as reasonably necessary to create a homeless outreach stabilization transition program, including items such as training and recruitment of personnel, outreach and engagement resources, client engagement and health supplies, medications for people who do not have access to insurance, and similar forms of assistance.
(c) The authority must establish one or more homeless outreach stabilization transition programs by January 1, 2024, and begin distributing grant funds by March 1, 2024.
(2) Subject to the availability of amounts appropriated for this specific purpose, the authority shall establish a project for psychiatric outreach to the homeless program to expand access to behavioral health medical services for people who are experiencing homelessness and living in permanent supportive housing.
(a) In establishing the program, the authority shall consult with behavioral health medical providers, homeless service providers, and permanent supportive housing providers that support people living with substance use disorders, co-occurring substance use and mental health conditions, and people who are currently or have formerly experienced homelessness.
(b) Funds for the project for psychiatric outreach to the homeless program must be used to reimburse organizations for the provision of medical services to individuals who are living with or in recovery from substance use disorders, co-occurring substance use and mental health disorders, or other behavioral and physical health conditions. Organizations must provide medical services to people who are experiencing homelessness or are living in permanent supportive housing and would be at risk of homelessness without access to appropriate services. The funds may be used to provide assistance to organizations to establish or expand behavioral health medical services as reasonably necessary to create a project for psychiatric outreach to the homeless program, including items such as training and recruitment of personnel, outreach and engagement resources, medical equipment and health supplies, medications for people who do not have access to insurance, and similar forms of assistance.
(c) The authority must establish one or more projects for psychiatric outreach to the homeless programs by January 1, 2024, and begin distributing grant funds by March 1, 2024.
(3) Subject to the availability of amounts appropriated for this specific purpose, the authority shall increase contingency management resources for opioid treatment networks that are serving people living with co-occurring stimulant use and opioid use disorder.
(4) Subject to the availability of amounts appropriated for this specific purpose, the authority shall develop a plan for implementing a comprehensive statewide substance misuse prevention effort. The plan must be completed by January 1, 2024.
(5) Subject to the availability of amounts appropriated for this specific purpose, the authority shall administer a competitive grant process to broaden existing local community coalition efforts to prevent substance misuse by increasing relevant protective factors while decreasing risk factors. Coalitions are to be open to all stakeholders interested in substance misuse prevention, including, but not limited to, representatives from people in recovery, law enforcement, education, behavioral health, parent organizations, treatment organizations, organizations serving youth, prevention professionals, and business.
[
2021 c 311 s 5
.]
NOTES:
Effective date
—
2021 c 311 ss 1-11 and 13-21:
See note following RCW 71.24.115
.
RCW 71.24.155
Grants to behavioral health administrative services, managed care organizations, and Indian health care providers
—
Accounting.
Grants shall be made by the authority to behavioral health administrative services organizations, managed care organizations for community behavioral health programs, and Indian health care providers who have community behavioral health programs totaling not less than ninety-five percent of available resources. The authority may use up to forty percent of the remaining five percent to provide community demonstration projects, including early intervention or primary prevention programs for children, and the remainder shall be for emergency needs and technical assistance under this chapter.
[
2020 c 256 s 203
;
2019 c 325 s 1011
;
2018 c 201 s 4009
;
2014 c 225 s 36
;
2001 c 323 s 14
;
1987 c 505 s 65
;
1986 c 274 s 9
;
1982 c 204 s 9
.]
NOTES:
Effective date
—
2020 c 256 s 203:
"Section 203 of this act takes effect July 1, 2021." [
2020 c 256 s 503
.]
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Effective date
—
1986 c 274 ss 1, 2, 3, 5, and 9:
See note following RCW 71.24.015
.
RCW 71.24.160
Proof as to uses made of state funds
—
Use of maintenance of effort funds.
The behavioral health administrative services organizations shall make satisfactory showing to the director that state funds shall in no case be used to replace local funds from any source being used to finance mental health services prior to January 1, 1990. Maintenance of effort funds devoted to judicial services related to involuntary commitment reimbursed under RCW 71.05.730
must be expended for other purposes that further treatment for mental health and substance use disorders.
[
2019 c 325 s 1012
;
2018 c 201 s 4010
;
2014 c 225 s 37
;
2011 c 343 s 6
;
2001 c 323 s 15
;
1989 c 205 s 7
;
1982 c 204 s 10
;
1967 ex.s. c 111 s 16
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Intent
—
Effective date
—
2011 c 343:
See notes following RCW 71.05.730
.
RCW 71.24.200
Expenditures of county funds subject to county fiscal laws.
Expenditures of county funds under this chapter shall be subject to the provisions of chapter
36.40
RCW and other statutes relating to expenditures by counties.
[
1967 ex.s. c 111 s 20
.]
RCW 71.24.215
Sliding-scale fee schedules for clients receiving behavioral health services.
Clients receiving behavioral health services funded by available resources shall be charged a fee under sliding-scale fee schedules, based on ability to pay, approved by the authority. Fees shall not exceed the actual cost of care.
[
2019 c 325 s 1013
;
2018 c 201 s 4011
;
1982 c 204 s 11
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.24.220
State grants may be withheld for noncompliance with chapter or related rules.
The director may withhold state grants in whole or in part for any community behavioral health program in the event of a failure to comply with this chapter or the related rules adopted by the authority.
[
2019 c 325 s 1014
;
2018 c 201 s 4012
;
1999 c 10 s 8
;
1982 c 204 s 12
;
1967 ex.s. c 111 s 22
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
RCW 71.24.240
Eligibility for funding
—
Community behavioral health program plans to be approved by director prior to submittal to federal agency.
In order to establish eligibility for funding under this chapter, any behavioral health administrative services organization seeking to obtain federal funds for the support of any aspect of a community behavioral health program as defined in this chapter shall submit program plans to the director for prior review and approval before such plans are submitted to any federal agency.
[
2019 c 325 s 1015
;
2018 c 201 s 4013
;
2014 c 225 s 49
;
2005 c 503 s 10
;
1982 c 204 s 13
;
1967 ex.s. c 111 s 24
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
RCW 71.24.250
Behavioral health administrative services organizations
—
Receipt of gifts and grants.
The behavioral health administrative services organization may accept and expend gifts and grants received from private, county, state, and federal sources.
[
2019 c 325 s 1016
;
2014 c 225 s 38
;
2001 c 323 s 16
;
1982 c 204 s 14
;
1967 ex.s. c 111 s 25
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.24.260
Waiver of postgraduate educational requirements
—
Mental health professionals.
The department shall waive postgraduate educational requirements applicable to mental health professionals under this chapter for those persons who have a bachelor's degree and on June 11, 1986:
(1) Are employed by an agency subject to licensure under this chapter, the community behavioral health services act, in a capacity involving the treatment of mental illness; and
(2) Have at least ten years of full-time experience in the treatment of mental illness.
[
2019 c 325 s 1017
;
1986 c 274 s 10
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
RCW 71.24.300
Behavioral health administrative services organizations
—
Advisory boards
—
Inclusion of tribes
—
Roles and responsibilities.
(1) Each behavioral health administrative services organization shall appoint a behavioral health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the behavioral health administrative services organization, and work with the behavioral health administrative services organization to resolve significant concerns regarding service delivery and outcomes. The authority shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the authority regarding behavioral health administrative services organization performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers of substance use disorder and mental health services and their families, law enforcement, and, where the county is not the behavioral health administrative services organization, county elected officials. Composition and length of terms of board members may differ between behavioral health administrative services organizations but shall be included in each behavioral health administrative services organization's contract and approved by the director.
(2) The authority must allow for the inclusion of tribes in any interlocal leadership structure or committees formed under RCW 71.24.880, when requested by a tribe.
(3) If an interlocal leadership structure is not formed under RCW 71.24.880, the roles and responsibilities of the behavioral health administrative services organizations, managed care organizations, counties, and each tribe shall be determined by the authority through negotiation with the tribes.
[
2019 c 325 s 1018
;
2018 c 201 s 4014
;
2016 sp.s. c 29 s 522
;
2015 c 269 s 10
;
2014 c 225 s 39
;
2008 c 261 s 4
;
2006 c 333 s 106
;
2005 c 503 s 11
;
2001 c 323 s 17
. Prior:
1999 c 214 s 8
;
1999 c 10 s 9
;
1994 c 204 s 2
;
1992 c 230 s 6
; prior:
1991 c 295 s 3
;
1991 c 262 s 2
;
1991 c 29 s 3
;
1989 c 205 s 5
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2015 c 269 ss 10 and 14:
"Sections 10 and 14 of this act take effect April 1, 2016." [
2015 c 269 s 19
.]
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Intent
—
Findings
—
2008 c 261:
See note following RCW 71.24.025
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
Correction of references
—
Savings
—
Severability
—
2005 c 503:
See notes following RCW 71.24.015
.
Intent
—
Effective date
—
1999 c 214:
See notes following RCW 72.09.370
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Intent
—
1992 c 230:
See note following RCW 72.23.025
.
Evaluation of transition to regional systems
—
1989 c 205:
See note following RCW 71.24.015
.
RCW 71.24.370
Behavioral health services contracts
—
Limitation on state liability.
(1) Except for monetary damage claims which have been reduced to final judgment by a superior court, this section applies to all claims against the state, state agencies, state officials, or state employees that exist on or arise after March 29, 2006.
(2) Except as expressly provided in contracts entered into by the authority, the entities identified in subsection (3) of this section shall have no claim for declaratory relief, injunctive relief, judicial review under chapter
34.05
RCW, or civil liability against the state, state agencies, state officials, or state employees for actions or inactions performed pursuant to the administration of this chapter with regard to the following: (a) The allocation or payment of federal or state funds; (b) the use or allocation of state hospital beds; or (c) financial responsibility for the provision of inpatient mental health care.
(3) This section applies to counties, behavioral health administrative services organizations, managed care organizations, and entities which contract to provide behavioral health services and their subcontractors, agents, or employees.
[
2019 c 325 s 1021
;
2018 c 201 s 4021
;
2014 c 225 s 42
;
2006 c 333 s 103
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Finding
—
Purpose
—
Intent
—
Severability
—
Part headings not law
—
Effective dates
—
2006 c 333:
See notes following RCW 71.24.016
.
RCW 71.24.380
Purchase of behavioral health services
—
Contracting
—
Requirements.
(1) The director shall purchase behavioral health services primarily through managed care contracting, but may continue to purchase behavioral health services directly from providers serving medicaid clients who are not enrolled in a managed care organization.
(2) The director shall require that contracted managed care organizations have a sufficient network of providers to provide adequate access to behavioral health services for residents of the regional service area that meet eligibility criteria for services, and for maintenance of quality assurance processes. Contracts with managed care organizations must comply with all federal medicaid and state law requirements related to managed health care contracting, including RCW 74.09.522
.
(3)(a) A managed care organization must contract with the authority's selected behavioral health administrative services organization for the assigned regional service area for the administration of crisis services. The contract shall require the managed care organization to reimburse the behavioral health administrative services organization for behavioral health crisis services delivered to individuals enrolled in the managed care organization.
(b) By July 1, 2026, the authority shall direct managed care organizations to establish, continue, or expand delegation arrangements with behavioral health administrative services organizations for crisis services for medicaid enrollees, including crisis phone interventions, mobile crisis teams, peer support services in crisis settings, and crisis stabilization services to include crisis stabilization facilities, in-home crisis stabilization services, and crisis relief centers. The authority shall direct managed care organizations to negotiate with behavioral health administrative services organizations on a structure to reimburse delegated network providers for medical services offered at crisis facilities.
(i) Managed care organizations shall maintain standards of delegation consistent with their required national committee for quality assurance accreditation. If a managed care organization finds that a behavioral health administrative services organization is unable to meet delegation standards for certain facility-based crisis stabilization services, the authority, in partnership with the managed care organization, may provide technical assistance to the behavioral health administrative services organization to develop its ability to comply with the full scope of delegated services. If, upon conclusion of the technical assistance period, the authority determines that the behavioral health administrative services organization remains unable to comply with these delegation standards, the authority may require delegation for facility-based crisis stabilization services only be terminated and the responsibility for the provision of these services may revert to the managed care organization.
(ii) Under managed care delegation arrangements, behavioral health administrative services organizations are subject to audits of their performance to assure the quality of services being provided to their enrollees. If, at any time, a behavioral health administrative services organization fails the audit, the managed care organization shall proceed with findings or corrective action plans according to their requirements as a national committee for quality assurance accreditation entity. The managed care organization shall notify the authority of these findings and corrective actions within 72 hours. The authority, in partnership with the managed care organization, shall provide technical assistance to behavioral health administrative services organizations to address any deficiencies identified in the audit.
(4) Managed care organizations and behavioral health administrative services organizations shall collectively, and in contract, establish defined roles, responsibilities, and protocols for care coordination of managed care enrollees that have engagement with the crisis system of care.
(5) The authority must contract with the department of commerce for the provision of behavioral health consumer advocacy services delivered to individuals enrolled in a managed care organization by the advocacy organization selected by the state office of behavioral health consumer advocacy established in RCW 71.40.030
. The contract shall require the authority to reimburse the department of commerce for the behavioral health consumer advocacy services delivered to individuals enrolled in a managed care organization.
(6) Managed care organizations and behavioral health administrative services organizations must collaborate with the authority to develop and implement strategies to coordinate care with tribes and community behavioral health providers for individuals with a history of frequent crisis system utilization.
(7) A managed care organization must work closely with designated crisis responders, behavioral health administrative services organizations, and behavioral health providers to maximize appropriate placement of persons into community services, ensuring the client receives the least restrictive level of care appropriate for their condition. Additionally, the managed care organization shall work with the authority to expedite the enrollment or reenrollment of eligible persons leaving state or local correctional facilities and institutions for mental diseases.
[
2025 c 216 s 3
;
2023 c 51 s 32
;
2021 c 202 s 16
;
2019 c 325 s 1022
;
2018 c 201 s 4022
;
2014 c 225 s 5
.]
NOTES:
Effective date
—
2021 c 202 ss 15-17:
See note following RCW 71.24.045
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.24.381
Contracting for crisis services and medically necessary physical and behavioral health services.
(1) The authority shall contract with one or more behavioral health administrative services organizations to carry out the duties and responsibilities set forth in this chapter and chapter
71.05
RCW to provide crisis services to assigned regional service areas.
(2) For clients eligible for medical assistance under chapter
74.09
RCW, the authority shall contract with one or more managed care organizations as set forth in RCW 71.24.380
and
74.09.871
to provide medically necessary physical and behavioral health services.
[
2019 c 325 s 1046
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
RCW 71.24.383
Managed care organization contracting
—
Requirements.
By January 1, 2023, the authority shall require that any contract with a managed care organization include a requirement to provide housing-related care coordination services for enrollees who need such services upon being discharged from inpatient behavioral health settings as allowed by the centers for medicare and medicaid services.
[
2022 c 215 s 3
.]
NOTES:
Finding
—
Intent
—
2022 c 215:
See note following RCW 70.320.020
.
RCW 71.24.385
Behavioral health administrative services and managed care organizations
—
Mental health and substance use disorder treatment programs
—
Development and design requirements.
(1) Within funds appropriated by the legislature for this purpose, behavioral health administrative services organizations and managed care organizations, as applicable, shall develop the means to serve the needs of people:
(a) With mental disorders residing within the boundaries of their regional service area. Elements of the program may include:
(i) Crisis diversion services;
(ii) Evaluation and treatment and community hospital beds;
(iii) Residential treatment;
(iv) Programs for intensive community treatment;
(v) Outpatient services, including family support;
(vi) Peer support services;
(vii) Community support services;
(viii) Resource management services;
(ix) Occupational therapy;
(x) Partial hospitalization and intensive outpatient programs for persons under 21 years of age; and
(xi) Supported housing and supported employment services.
(b) With substance use disorders and their families, people incapacitated by alcohol or other psychoactive chemicals, and intoxicated people.
(i) Elements of the program shall include, but not necessarily be limited to, a continuum of substance use disorder treatment services that includes:
(A) Withdrawal management;
(B) Residential treatment; and
(C) Outpatient treatment.
(ii) The program may include peer support, supported housing, supported employment, crisis diversion, recovery support services, occupational therapy, or technology-based recovery supports.
(iii) The authority may contract for the use of an approved substance use disorder treatment program or other individual or organization if the director considers this to be an effective and economical course to follow.
(2)(a) The managed care organization and the behavioral health administrative services organization shall have the flexibility, within the funds appropriated by the legislature for this purpose and the terms of their contract, to design the mix of services that will be most effective within their service area of meeting the needs of people with behavioral health disorders and avoiding placement of such individuals at the state mental hospital. Managed care organizations and behavioral health administrative services organizations are encouraged to maximize the use of evidence-based practices and alternative resources with the goal of substantially reducing and potentially eliminating the use of institutions for mental diseases.
(b) Managed care organizations and behavioral health administrative services organizations may allow reimbursement to providers for services delivered through a partial hospitalization or intensive outpatient program. Such payment and services are distinct from the state's delivery of wraparound with intensive services under the
T.R. v. Strange and
Birch
settlement agreement.
(3)(a) Treatment provided under this chapter must be purchased primarily through managed care contracts.
(b) Consistent with RCW 71.24.580, services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
[
2023 c 113 s 1
;
2022 c 94 s 1
. Prior:
2019 c 325 s 1023
;
2019 c 264 s 6
; prior:
2018 c 201 s 4023
;
2018 c 175 s 6
;
2016 sp.s. c 29 s 510
;
2014 c 225 s 9
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
2019 c 264:
See note following RCW 41.05.760
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Findings
—
Intent
—
2018 c 175:
See note following RCW 74.09.495
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.24.400
Streamlining delivery system
—
Finding.
The legislature finds that the current complex set of federal, state, and local rules and regulations, audited and administered at multiple levels, which affect the community mental health service delivery system, focus primarily on the process of providing mental health services and do not sufficiently address consumer and system outcomes. The legislature finds that the authority and the community mental health service delivery system must make ongoing efforts to achieve the purposes set forth in RCW 71.24.015
related to reduced administrative layering, duplication, elimination of process measures not specifically required by the federal government for the receipt of federal funds, and reduced administrative costs.
[
2018 c 201 s 4024
;
2001 c 323 s 18
;
1999 c 10 s 10
;
1995 c 96 s 1
;
1994 c 259 s 1
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Effective date
—
1995 c 96:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 18, 1995]." [
1995 c 96 s 5
.]
RCW 71.24.405
Streamlining delivery system.
The authority shall work comprehensively and collaboratively with behavioral health administrative services organizations and with local behavioral health service providers to create innovative and streamlined community behavioral health service delivery systems and to capture the diversity of the community behavioral health service delivery system. The authority shall periodically:
(1) Identify, review, and catalog all rules, regulations, duplicative administrative and monitoring functions, and other requirements that lead to inefficiencies in the community behavioral health service delivery system and, if possible, eliminate the requirements;
(2) Review regulations, contracts, and reporting requirements to ensure achievement of outcomes for behavioral health adult and children clients under RCW 71.24.435
;
(3) Involve behavioral health consumers and their representatives; and
(4) Provide for an independent evaluation component to measure the success of the authority in fully implementing the provisions of RCW 71.24.400
and this section.
[
2019 c 325 s 1024
;
2018 c 201 s 4025
;
2014 c 225 s 53
;
2001 c 323 s 19
;
1999 c 10 s 11
;
1995 c 96 s 2
;
1994 c 259 s 2
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Effective date
—
1995 c 96:
See note following RCW 71.24.400
.
RCW 71.24.415
Streamlining delivery system
—
Authority duties to achieve outcomes.
To carry out the purposes specified in RCW 71.24.400, the authority is encouraged to utilize its authority to eliminate any unnecessary rules, regulations, standards, or contracts, to immediately eliminate duplication of audits or any other unnecessarily duplicated functions, and to seek any waivers of federal or state rules or regulations necessary to achieve the purpose of streamlining the community mental health service delivery system and infusing it with incentives that reward efficiency, positive outcomes for clients, and quality services.
[
2018 c 201 s 4026
;
1999 c 10 s 12
;
1995 c 96 s 3
;
1994 c 259 s 4
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Effective date
—
1995 c 96:
See note following RCW 71.24.400
.
RCW 71.24.420
Expenditure of funds for operation of service delivery system
—
Appropriation levels
—
Outcome and performance measures
—
Report.
The authority shall operate the community behavioral health service delivery system authorized under this chapter within the following constraints:
(1) The full amount of federal funds for community behavioral health system services, plus qualifying state expenditures as appropriated in the biennial operating budget, shall be appropriated to the authority each year in the biennial appropriations act to carry out the provisions of the community behavioral health service delivery system authorized in this chapter.
(2) The authority may expend funds defined in subsection (1) of this section in any manner that will effectively accomplish the outcome measures established in RCW 71.24.435
and
71.36.025
and performance measures linked to those outcomes.
(3) The authority shall implement strategies that accomplish the outcome measures established in RCW 71.24.435, 70.320.020, and
71.36.025
and performance measures linked to those outcomes.
(4) The authority shall monitor expenditures against the appropriation levels provided for in subsection (1) of this section and report to the governor's office and the appropriate committees of the legislature once every two years, on or about December 1st, on each even-numbered year.
[
2019 c 325 s 1025
;
2018 c 201 s 4027
;
2014 c 225 s 17
;
2001 c 323 s 2
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.24.430
Coordination of services for behavioral health clients
—
Collaborative service delivery.
(1) The authority shall ensure the coordination of allied services for behavioral health clients. The authority shall implement strategies for resolving organizational, regulatory, and funding issues at all levels of the system, including the state, the behavioral health administrative services organizations, managed care organizations, and local service providers.
(2) The authority shall propose, in operating budget requests, transfers of funding among programs to support collaborative service delivery to persons who require services from multiple department of social and health services and authority programs. The authority shall provide status reports as requested by the legislature.
[
2019 c 325 s 1026
;
2018 c 201 s 4028
;
2014 c 225 s 54
;
2001 c 323 s 3
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.24.432
Coordination with regional crisis response systems
—
Regional protocols
—
Recommendations.
Behavioral health administrative services organizations shall use their authorities under RCW 71.24.045
to establish coordination within the behavioral health crisis response system in each regional service area including, but not limited to, establishing comprehensive protocols for dispatching mobile rapid response crisis teams and community-based crisis teams. In furtherance of this:
(1) The behavioral health administrative services organization may convene regional behavioral health crisis response system partners and stakeholders within available resources for the purpose of establishing clear regional protocols which memorialize expectations, understandings, lines of communication, and strategies for optimizing crisis response in the regional service area. The regional protocols must describe how crisis response partners will share information consistent with data-sharing requirements under RCW 71.24.890, including real-time information sharing between 988 contact hubs, regional crisis lines, or their successors, to create a seamless delivery system that is person-centered;
(2) Behavioral health administrative services organizations shall submit regional protocols created under subsection (1) of this section to the authority for approval. If the authority does not respond within 90 days of submission, the regional protocols shall be considered approved until such time as the behavioral health administrative services organization and the authority agree to updated protocols. A behavioral health administrative services organization must notify the authority by January 1, 2025, if it does not intend to develop and submit regional protocols;
(3) A behavioral health administrative services organization may recommend to the department the 988 contact hub or hubs which it determines to be the best fit for partnership and implementation of regional protocols in its regional service area among candidates which are able to meet necessary state and federal requirements. The 988 contact hub or hubs recommended by the behavioral health administrative services organization must be able to connect to the culturally appropriate behavioral health crisis response services established under this chapter;
(4) The department may designate additional 988 contact hubs recommended by a behavioral health administrative services organization within available resources and when the addition of more hubs is consistent with the rules adopted under RCW 71.24.890
and a need identified in regional protocols. If the department declines to designate a 988 contact hub that has been recommended by a behavioral health administrative services organization, the department shall provide a written explanation of its reasons to the behavioral health administrative services organization;
(5) The department and the authority shall provide support to a behavioral health administrative services organization in the development of protocols under subsection (1) of this section upon request by the behavioral health administrative services organization;
(6) Regional protocols established under subsection (1) of this section must be in writing and, once approved, copies shall be provided to the department, authority, and state 911 coordination office. The regional protocols should be updated as needed and at intervals of no longer than three years; and
(7) For the purpose of subsection (1) of this section, partners and stakeholders in the coordinated regional behavioral health crisis response system include but are not limited to regional crisis lines, 988 contact hubs, certified public safety telecommunicators, local governments, tribal governments, first responders, co-response teams, mobile rapid response crisis teams, hospitals, organizations representing persons with lived experience, and behavioral health agencies.
[
2024 c 368 s 1
.]
RCW 71.24.435
Behavioral health system
—
Improvement strategy.
(1) The systems responsible for financing, administration, and delivery of publicly funded mental health and substance use disorder services to adults must be designed and administered to achieve improved outcomes for adult clients served by those systems through increased use and development of evidence-based, research-based, and promising practices, as defined in RCW 71.24.025
. For purposes of this section, client outcomes include: Improved health status; increased participation in employment and education; reduced involvement with the criminal justice system; enhanced safety and access to treatment for forensic patients; reduction in avoidable utilization of and costs associated with hospital, emergency room, and crisis services; increased housing stability; improved quality of life, including measures of recovery and resilience; and decreased population level disparities in access to treatment and treatment outcomes.
(2) The authority must implement a strategy for the improvement of the behavioral health system.
[
2019 c 325 s 5010
;
2014 c 225 s 64
;
2013 c 338 s 2
. Formerly RCW 43.20A.895
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Effective date
—
2014 c 225 s 1:
"Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2014]." [
2014 c 225 s 111
.]
RCW 71.24.450
Offenders with mental illnesses
—
Findings and intent.
(1) Many offenders with acute and chronic mental illness are delayed in their release from Washington correctional facilities due to their inability to access reasonable treatment and living accommodations prior to the maximum expiration of their sentences. Often the offender reaches the end of his or her sentence and is released without any follow-up care, funds, or housing. These delays are costly to the state, often lead to psychiatric relapse, and result in unnecessary risk to the public.
Many of these offenders lack the skills or emotional stability to maintain employment or even complete applications to receive entitlement funding. Housing and appropriate treatment are difficult to obtain.
This lack of resources, funding, treatment, and housing creates additional stress for the offender with mental illness, impairing self-control and judgment. When the mental illness is instrumental in the offender's patterns of crime, such stresses may lead to a worsening of his or her illness, reoffending, and a threat to public safety.
(2) It is the intent of the legislature to create a program to provide for postrelease mental health care and housing for a select group of offenders with mental illness entering community living, in order to reduce incarceration costs, increase public safety, and enhance the offender's quality of life.
[
2019 c 325 s 1027
;
1997 c 342 s 1
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Severability
—
1997 c 342:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1997 c 342 s 6
.]
RCW 71.24.455
Offenders with mental illnesses
—
Contracts for specialized access and services.
(1) The director shall select and contract with a behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider to provide specialized access and services to offenders with mental illness upon release from total confinement within the department of corrections who have been identified by the department of corrections and selected by the behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider as high-priority clients for services and who meet service program entrance criteria. The program shall enroll no more than twenty-five offenders at any one time, or a number of offenders that can be accommodated within the appropriated funding level, and shall seek to fill any vacancies that occur.
(2) Criteria shall include a determination by department of corrections staff that:
(a) The offender suffers from a major mental illness and needs continued mental health treatment;
(b) The offender's previous crime or crimes have been determined by either the court or department of corrections staff to have been substantially influenced by the offender's mental illness;
(c) It is believed the offender will be less likely to commit further criminal acts if provided ongoing mental health care;
(d) The offender is unable or unlikely to obtain housing and/or treatment from other sources for any reason; and
(e) The offender has at least one year remaining before his or her sentence expires but is within six months of release to community housing and is currently housed within a work release facility or any department of corrections' division of prisons facility.
(3) The behavioral health administrative services organization, managed care organization, behavioral health agency, or private provider shall provide specialized access and services to the selected offenders. The services shall be aimed at lowering the risk of recidivism. An oversight committee composed of a representative of the authority, a representative of the selected managed care organization, behavioral health administrative services organization, or private provider, and a representative of the department of corrections shall develop policies to guide the pilot program, provide dispute resolution including making determinations as to when entrance criteria or required services may be waived in individual cases, advise the department of corrections and the managed care organization, behavioral health administrative services organization, or private provider on the selection of eligible offenders, and set minimum requirements for service contracts. The selected managed care organization, behavioral health administrative services organization, or private provider shall implement the policies and service contracts. The following services shall be provided:
(a) Intensive case management to include a full range of intensive community support and treatment in client-to-staff ratios of not more than ten offenders per case manager including: (i) A minimum of weekly group and weekly individual counseling; (ii) home visits by the program manager at least two times per month; and (iii) counseling focusing on maintaining and promoting ongoing stability, relapse prevention, and recovery.
(b) The case manager shall attempt to locate and procure housing appropriate to the living and clinical needs of the offender and as needed to maintain the psychiatric stability of the offender. The entire range of emergency, transitional, and permanent housing and involuntary hospitalization must be considered as available housing options. A housing subsidy may be provided to offenders to defray housing costs up to a maximum of six thousand six hundred dollars per offender per year and be administered by the case manager. Additional funding sources may be used to offset these costs when available.
(c) The case manager shall collaborate with the assigned prison, work release, or community corrections staff during release planning, prior to discharge, and in ongoing supervision of the offender while under the authority of the department of corrections.
(d) Medications including the full range of psychotropic medications including atypical antipsychotic medications may be required as a condition of the program. Medication prescription, medication monitoring, and counseling to support offender understanding, acceptance, and compliance with prescribed medication regimens must be included.
(e) A systematic effort to engage offenders to continuously involve themselves in current and long-term treatment and appropriate habilitative activities shall be made.
(f) Classes appropriate to the clinical and living needs of the offender and appropriate to his or her level of understanding.
(g) The case manager shall assist the offender in the application and qualification for entitlement funding, including medicaid, state assistance, and other available government and private assistance at any point that the offender is qualified and resources are available.
(h) The offender shall be provided access to daily activities such as drop-in centers, prevocational and vocational training and jobs, and volunteer activities.
(4) Once an offender has been selected into the pilot program, the offender shall remain in the program until the end of his or her sentence or unless the offender is released from the pilot program earlier by the department of corrections.
(5) Specialized training in the management and supervision of high-crime risk offenders with mental illness shall be provided to all participating mental health providers by the authority and the department of corrections prior to their participation in the program and as requested thereafter.
[
2019 c 325 s 1028
;
2018 c 201 s 4029
;
2014 c 225 s 43
;
1997 c 342 s 2
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Severability
—
1997 c 342:
See note following RCW 71.24.450
.
RCW 71.24.460
Offenders with mental illnesses
—
Report to legislature.
The authority, in collaboration with the department of corrections and the oversight committee created in RCW 71.24.455, shall track outcomes and submit to the legislature annual reports regarding services and outcomes. The reports shall include the following: (1) A statistical analysis regarding the reoffense and reinstitutionalization rate by the enrollees in the program set forth in RCW 71.24.455
; (2) a quantitative description of the services provided in the program set forth in RCW 71.24.455
; and (3) recommendations for any needed modifications in the services and funding levels to increase the effectiveness of the program set forth in RCW 71.24.455
.
[
2019 c 325 s 1029
;
2018 c 201 s 4030
;
1999 c 10 s 13
;
1997 c 342 s 4
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Purpose
—
Intent
—
1999 c 10:
See note following RCW 71.24.025
.
Severability
—
1997 c 342:
See note following RCW 71.24.450
.
RCW 71.24.470
Reentry community services program
—
Contract for case management
—
Use of appropriated funds.
(1) The director shall contract, to the extent that funds are appropriated for this purpose, for case management services and such other services as the director deems necessary to assist persons identified under RCW 72.09.370
for participation in the reentry community services program. The contracts may be with any qualified and appropriate entities. The director shall ensure the authority has coverage in all counties of the state for the purposes of providing reentry community services program services.
(2) The case manager has the authority to assist these persons in obtaining the services, as set forth in the plan created under RCW 72.09.370
(2), for up to five years. The services may include coordination of mental health services, assistance with unfunded medical expenses, assistance obtaining substance use disorder treatment, housing, employment services, educational or vocational training, independent living skills, parenting education, anger management services, peer services, and such other services as the case manager deems necessary.
(3) The legislature intends that funds appropriated for the purposes of RCW 72.09.370, 71.05.145, and
71.05.212, and this section are to supplement and not to supplant general funding. Funds appropriated to implement RCW 72.09.370, 71.05.145, and
71.05.212, and this section are not to be considered available resources as defined in RCW 71.24.025
and are not subject to the priorities, terms, or conditions in the appropriations act established pursuant to RCW 71.24.035
.
(4) The reentry community services program was formerly known as the community integration assistance program.
[
2021 c 243 s 7
;
2019 c 325 s 1030
;
2018 c 201 s 4031
;
2014 c 225 s 44
;
2009 c 319 s 1
;
1999 c 214 s 9
.]
NOTES:
Findings
—
2021 c 243:
See note following RCW 74.09.670
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Intent
—
Effective date
—
1999 c 214:
See notes following RCW 72.09.370
.
RCW 71.24.480
Reentry community services program
—
Limitation on liability due to treatment
—
Reporting requirements.
(1) A licensed or certified behavioral health agency acting in the course of the agency's duties under this chapter and its individual employees are not liable for civil damages resulting from the injury or death of another caused by a participant in the reentry community services program who is a client of the agency, unless the act or omission of the agency or employee constitutes:
(a) Gross negligence;
(b) Willful or wanton misconduct; or
(c) A breach of the duty to warn of and protect from a client's threatened violent behavior if the client has communicated a serious threat of physical violence against a reasonably ascertainable victim or victims.
(2) In addition to any other requirements to report violations, the licensed or certified behavioral health agency shall report a reentry community services program participant's expressions of intent to harm or other predatory behavior, regardless of whether there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment.
(3) A licensed or certified behavioral health agency's mere act of treating a participant in the reentry community services program is not negligence. Nothing in this subsection alters the licensed or certified behavioral health agency's normal duty of care with regard to the client.
(4) The limited liability provided by this section applies only to the conduct of licensed or certified behavioral health agencies and their employees and does not apply to conduct of the state.
(5) For purposes of this section, "participant in the reentry community services program" means a person who has been identified under RCW 72.09.370
as a person who: (a) Is reasonably believed to present a danger to himself or herself or others if released to the community without supportive services; and (b) has a mental disorder.
[
2021 c 243 s 8
;
2019 c 325 s 1031
;
2018 c 201 s 4032
;
2014 c 225 s 45
;
2009 c 319 s 2
;
2002 c 173 s 1
.]
NOTES:
Findings
—
2021 c 243:
See note following RCW 74.09.670
.
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.24.490
Evaluation and treatment services
—
Capacity needs
—
Behavioral health administrative services and managed care organizations.
The authority must collaborate with behavioral health administrative services organizations, managed care organizations, and the Washington state institute for public policy to estimate the capacity needs for evaluation and treatment services within each regional service area. Estimated capacity needs shall include consideration of the average occupancy rates needed to provide an adequate network of evaluation and treatment services to ensure access to treatment. Behavioral health administrative services organizations and managed care organizations must develop and maintain an adequate plan to provide for evaluation and treatment needs.
[
2019 c 325 s 1032
;
2018 c 201 s 4033
;
2015 c 269 s 11
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2015 c 269 ss 1-9 and 11-13:
See note following RCW 71.05.010
.
RCW 71.24.500
Written guidance and trainings
—
Managed care
—
Incarcerated and involuntarily hospitalized persons.
The authority shall periodically publish written guidance and provide trainings to behavioral health administrative services organizations, managed care organizations, and behavioral health providers related to how these organizations may provide outreach, assistance, transition planning, and rehabilitation case management reimbursable under federal law to persons who are incarcerated, involuntarily hospitalized, or in the process of transitioning out of one of these services. The guidance and trainings may also highlight preventive activities not reimbursable under federal law which may be cost-effective in a managed care environment. The purpose of this written guidance and trainings is to champion best clinical practices including, where appropriate, use of care coordination and long-acting injectable psychotropic medication, and to assist the health community to leverage federal funds and standardize payment and reporting procedures.
[
2019 c 325 s 1033
;
2018 c 201 s 4034
;
2016 c 154 s 3
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Intent
—
2016 c 154:
See note following RCW 74.09.670
.
RCW 71.24.510
Integrated comprehensive screening and assessment process
—
Implementation.
(1) All persons providing treatment under this chapter shall also implement the integrated comprehensive screening and assessment process for substance use and mental disorders adopted pursuant to RCW 71.24.630
and shall document the numbers of clients with co-occurring mental and substance use disorders based on a quadrant system of low and high needs.
(2) Treatment providers contracted to provide treatment under this chapter who fail to implement the integrated comprehensive screening and assessment process for substance use and mental disorders are subject to contractual penalties established under RCW 71.24.630
.
[
2016 sp.s. c 29 s 512
;
2005 c 504 s 302
. Formerly RCW 70.96A.035
.]
NOTES:
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Findings
—
Intent
—
Severability
—
Application
—
Construction
—
Captions, part headings, subheadings not law
—
Adoption of rules
—
Effective dates
—
2005 c 504:
See notes following RCW 71.05.027
.
Alphabetization
—
Correction of references
—
2005 c 504:
See note following RCW 71.05.020
.
RCW 71.24.520
Substance use disorder program authority.
The authority, in the operation of the substance use disorder program, may:
(1) Plan, establish, and maintain prevention and treatment programs as necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, or intoxicated persons;
(3) Enter into agreements for monitoring of verification of qualifications of counselors employed by approved treatment programs;
(4) Adopt rules under chapter
34.05
RCW to carry out the provisions and purposes of this chapter and contract, cooperate, and coordinate with other public or private agencies or individuals for those purposes;
(5) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(6) Administer or supervise the administration of the provisions relating to persons with substance use disorders and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
(7) Coordinate its activities and cooperate with substance use disorder programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local, or private agencies in this and other states for the treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and for the common advancement of substance use disorder programs;
(8) Keep records and engage in research and the gathering of relevant statistics;
(9) Do other acts and things necessary or convenient to execute the authority expressly granted to it;
(10) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide treatment programs.
[
2019 c 325 s 1034
;
2018 c 201 s 4036
;
2014 c 225 s 22
;
1989 c 270 s 5
;
1988 c 193 s 2
;
1972 ex.s. c 122 s 4
. Formerly RCW 70.96A.040
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
RCW 71.24.522
Substance use disorder
—
Training for parents of adolescents and transition age youth.
(1) The authority, in consultation with the department of children, youth, and families, shall develop a training for parents of adolescents and transition age youth with substance use disorders by June 30, 2024, which training must build on and be consistent and compatible with existing training developed by the authority for families impacted by substance use disorder, and addressing the following:
(a) Science and education related to substance use disorders and recovery;
(b) Adaptive and functional communication strategies for communication with a loved one about their substance use disorder, including positive communication skills and strategies to influence motivation and behavioral change;
(c) Self-care and means of obtaining support;
(d) Means to obtain opioid overdose reversal medication when appropriate and instruction on proper use; and
(e) Suicide prevention.
(2) The authority and the department of children, youth, and families shall make this training publicly available, and the department of children, youth, and families must promote the training to licensed foster parents and caregivers, including any tribally licensed foster parents and tribal caregivers.
[
2023 sp.s. c 1 s 20
.]
RCW 71.24.525
Agreements authorized under the interlocal cooperation act.
Pursuant to the interlocal cooperation act, chapter
39.34
RCW, the authority may enter into agreements to accomplish the purposes of this chapter.
[
2018 c 201 s 4037
;
1989 c 270 s 7
. Formerly RCW 70.96A.043
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
RCW 71.24.530
Local funding and donative funding requirements
—
Facilities, plans, programs.
Except as provided in this chapter, the director shall not approve any substance use disorder facility, plan, or program for financial assistance under RCW 71.24.520
unless at least ten percent of the amount spent for the facility, plan, or program is provided from local public or private sources. When deemed necessary to maintain public standards of care in the substance use disorder facility, plan, or program, the director may require the substance use disorder facility, plan, or program to provide up to fifty percent of the total spent for the program through fees, gifts, contributions, or volunteer services. The director shall determine the value of the gifts, contributions, and volunteer services.
[
2018 c 201 s 4038
;
2016 sp.s. c 29 s 515
;
1989 c 270 s 11
. Formerly RCW 70.96A.047
.]
NOTES:
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
RCW 71.24.535
Duties of authority.
The authority shall:
(1) Develop, encourage, and foster statewide, regional, and local plans and programs for the prevention of alcoholism and other drug addiction, treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes;
(2) Assure that any contract with a managed care organization for behavioral health services or programs for the treatment of persons with substance use disorders and their families provides medically necessary services to medicaid recipients. This must include a continuum of mental health and substance use disorder services consistent with the state's medicaid plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the authority;
(3) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations, and individuals interested in prevention of alcoholism and drug addiction, and treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(4) Cooperate with public and private agencies in establishing and conducting programs to provide treatment for persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons who are clients of the correctional system;
(5) Cooperate with the superintendent of public instruction, state board of education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of substance use disorders, treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education;
(6) Prepare, publish, evaluate, and disseminate educational material dealing with the nature and effects of alcohol and other psychoactive chemicals and the consequences of their use;
(7) Develop and implement, as an integral part of substance use disorder treatment programs, an educational program for use in the treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol and other psychoactive chemicals, the consequences of their use, the principles of recovery, and HIV and AIDS;
(8) Organize and foster training programs for persons engaged in treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons;
(9) Sponsor and encourage research into the causes and nature of substance use disorders, treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons, and serve as a clearinghouse for information relating to substance use disorders;
(10) Specify uniform methods for keeping statistical information by public and private agencies, organizations, and individuals, and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission, and frequency and duration of treatment;
(11) Advise the governor in the preparation of a comprehensive plan for treatment of persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons for inclusion in the state's comprehensive health plan;
(12) Review all state health, welfare, and treatment plans to be submitted for federal funding under federal legislation, and advise the governor on provisions to be included relating to substance use disorders;
(13) Assist in the development of, and cooperate with, programs for substance use disorder education and treatment for employees of state and local governments and businesses and industries in the state;
(14) Use the support and assistance of interested persons in the community to encourage persons with substance use disorders voluntarily to undergo treatment;
(15) Cooperate with public and private agencies in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated;
(16) Encourage general hospitals and other appropriate health facilities to admit without discrimination persons with substance use disorders, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons and to provide them with adequate and appropriate treatment;
(17) Encourage all health and disability insurance programs to include substance use disorders as a covered illness; and
(18) Organize and sponsor a statewide program to help court personnel, including judges, better understand substance use disorders and the uses of substance use disorder treatment programs and medications.
[
2019 c 325 s 1035
;
2018 c 201 s 4039
;
2016 sp.s. c 29 s 504
;
2014 c 225 s 23
;
2001 c 13 s 2
;
1989 c 270 s 6
;
1979 ex.s. c 176 s 7
;
1972 ex.s. c 122 s 5
. Formerly RCW 70.96A.050
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.
Severability
—
1979 ex.s. c 176:
See note following RCW 46.61.502
.
RCW 71.24.540
Drug courts.
The authority shall contract with behavioral health administrative services organizations, managed care organizations, or counties, as applicable, for the provision of substance use disorder treatment services ordered by a county-operated drug court.
[
2019 c 325 s 1036
;
2018 c 201 s 4040
;
2016 sp.s. c 29 s 516
;
1999 c 197 s 10
. Formerly RCW 70.96A.055
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective dates
—
2016 sp.s. c 29:
See note following RCW 71.05.760
.
Short title
—
Right of action
—
2016 sp.s. c 29:
See notes following RCW 71.05.010
.
Legislative recognition
—
1999 c 197:
"The legislature recognizes the utility of drug court programs in reducing recidivism and assisting the courts by diverting potential offenders from the normal course of criminal trial proceedings." [
1999 c 197 s 7
.]
Severability
—
1999 c 197:
See note following RCW 9.94A.030
.
RCW 71.24.545
Comprehensive program for treatment
—
Regional facilities.
(1) The authority shall establish by appropriate means a comprehensive and coordinated program for the treatment of persons with substance use disorders and their families, persons incapacitated by alcohol or other psychoactive chemicals, and intoxicated persons.
(2)(a) The program shall include, but not necessarily be limited to, a continuum of substance use disorder treatment services that includes:
(i) Withdrawal management;
(ii) Residential treatment; and
(iii) Outpatient treatment.
(b) The program may include peer support, supported housing, supported employment, crisis diversion, or recovery support services.
(3) All appropriate public and private resources shall be coordinated with and used in the program when possible.
(4) The authority may contract for the use of an approved treatment program or other individual or organization if the director considers this to be an effective and economical course to follow.
(5) Treatment provided under this chapter must be purchased primarily through managed care contracts. Consistent with RCW 71.24.580, services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
[
2019 c 325 s 1037
;
2018 c 201 s 4041
;
2014 c 225 s 25
;
1989 c 270 s 18
;
1972 ex.s. c 122 s 8
. Formerly RCW 70.96A.080
.]
NOTES:
Effective date
—
2019 c 325:
See note following RCW 71.24.011
.
Findings
—
Intent
—
Effective date
—
2018 c 201:
See notes following RCW 41.05.018
.
Effective date
—
2014 c 225:
See note following RCW 71.24.016
.