SB 5431 — Concerning community facilities needed to ensure a continuum of care for behavioral health patients.

S-2356.1SECONDZ-0429.1SENATE SUBSTITUTE SENATE BILL 5431State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Ways & Means (originally sponsored by Senators Frockt, Rivers, O'Ban, Dhingra, Darneille, Cleveland, Keiser, Wagoner, Das, Van De Wege, Zeiger, Conway, Hunt, Kuderer, and Nguyen;

by request of Office of the Governor)READGovernorRead FIRSTfirst TIMEtime 03/01/19.AN01/21/19.Referred to Committee on Health & Long Term Care.AN ACT Relating to community facilities needed to ensure a continuum of care for behavioral health patients;

The federally recognized Indian tribes and the major Indian organizations recognized by the director insofar as these organizations do not have a financial relationship with any behavioral health organization that would present a conflict of interest.(41) "Intensive behavioral health treatment facility" means a community-based specialized residential treatment facility for individuals with behavioral health conditions,patients including individuals discharging from or being diverted from state and local hospitals, whose impairment or behaviors dorequire not meet, or no longer meet, criteria for involuntary inpatient commitment under chapter 71.05 RCW, but whose care needsthat cannot be met in other community-based placement settings.(42) "Mental health peerdrop-in respite center" means a peer-run program to serve individuals in need of voluntary, short-term, noncrisis services that will focus on recovery and wellness.NEW SECTION.  Sec.

The rules, at a minimum, must:(1) Clearly define clinical eligibility criteria in alignment with how "intensive behavioral health treatment facility" is defined in RCW 71.24.025;(2) Require twenty-four hour supervision of residents;(3)residents;(2) Establish staffing requirements that provide an appropriate response to the acuity of the residents,residents;(3) including a clinical team and a high staff to patient ratio;(4) Require access to regular psychosocial rehabilitation services including, but not limited to, skills training in daily living activities, social interaction, behavior management, impulse control, and self-management of medications;(5) Establish requirements for the ability to use limited egress;(6)egress; Limit services to persons at least eighteen years of age;

andand(4) (7)Limit Establishservices residentto rightspersons thatat areleast substantiallyeighteen similaryears to the rights of residentsage.NEW in long-term care facilities.NEW SECTION.  Sec.

A new section is added to chapter 71.24 RCW to read as follows:Byfollows:The December 1, 2019, the secretary ofshall health,license inor consultationcertify withmental the department of social and health services,drop-in thecenters departmentthat ofmeet commerce,state theminimum long-termstandards. care ombuds, and relevant stakeholders must provide recommendations to the governor and the appropriate committees of the legislature on providing resident rights and access to ombuds services to the residents of the intensive behavioral health treatment facilities.NEW SECTION.  Sec.

5.The secretary must establish rules working with the authority and the department of social and health services to create standards for licensure or certification of mental health drop-in centers.

AThe newrules, sectionat isa addedminimum, must:(1) Establish requirements for licensed and certified agencies providing mental health drop-in center services and establish physical plant and service requirements to chapterprovide 71.24voluntary, RCWshort-term, noncrisis services that focus on recovery and wellness;(2) Require licensed and certified agencies to readpartner aswith follows:Thethe secretarylocal shallcrisis licensesystem orincluding, certifybut mentalnot healthlimited peerto, respiteevaluation centersand thattreatment facilities and designated crisis responders;(3) Establish staffing requirements;(4) Limit services to a maximum of seven days;(5) Limit services to individuals who are in psychiatric distress, but do not meet statelegal minimumcriteria standards.for involuntary hospitalization under chapter 71.05 RCW;

In consultation with the authority and the department of social and health services, the secretary must:(1) Establish requirements for licensed and certified agencies providing mental health peer respite center services and establish physical plant and service requirements to provide voluntary, short-term, noncrisis services that focus on recovery and wellness;(2) Require licensed and certified agencies to partner with the local crisis system including, but not limited to, evaluation and treatment facilities and designated crisis responders;(3) Establish staffing requirements, including rules to ensure that facilities are peer-run;(4) Limit services to a maximum of seven days in a month;(5) Limit services to individuals who are experiencing psychiatric distress, but do not meet legal criteria for involuntary hospitalization under chapter 71.05 RCW;

6.5.

(a) Work with willing community hospitals licensed under chapters 70.41 and 71.12 RCW and evaluation and treatment facilities licensed or certified under chapter 71.05 RCW to assess their capacity to become licensed or certified to provide long-term inpatientmental carehealth placements and to meet the requirements of this chapter;

7.6.

By November 15, 2019, the health care authority shall confer with the department of health,health and hospitals licensed under chapters 70.41 and 71.12 RCW, and evaluation and treatment facilities licensed or certified under chapter 71.05 RCW to review laws and regulations and identify changes that may be necessary to address care delivery and cost-effective treatment for adults on ninety-day or one hundred eighty-day commitment orders.

8.7.

9.8.

10.9.

By December 1, 2019, the secretary of health must, in consultation with the department of social and health services, department of children, youth, and families, representatives from providers serving children's inpatient psychiatric needs in each of the three largest cities in Washington, and the health care authority, provide recommendations to the governor's office and the appropriate committees of the legislature on youth short-term residential intensive behavioral health and developmental disabilities services.

11.10.