SB 6638 — Providing reentry services.

ENGROSSEDS-5656.1SENATE SUBSTITUTE SENATE BILL 6638State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators HumanWilson, Services,C., ReentryLovelett, &Randall, RehabilitationNguyen, (originallyDas, sponsoredand byDarneilleRead Senatorsfirst Wilson,time C.,01/29/20.Referred Lovelett,to Randall,Committee Nguyen,on Das,Human andServices, Darneille)READReentry FIRST& TIMERehabilitation.AN 02/07/20.AN ACT Relating to providing reentry services to persons releasing from prison, jail, and other institutions;

(1) The legislature finds that it is critical to the successful community reintegration and recovery for persons whoreleasing are being released from prison, jail, juvenile rehabilitation, orand other state institutions to have access to supportive services and for thosepersons who have behavioral health services needs to receive targeted assistance.

It provides for suspension of medicaid benefits to end before a person's release from custody so that medical assistance benefits can be made available immediately upon the person's release and so that authorized medicaid services canmay be provided before the person's release if the state receives a medicaid waiver.

It creates a reentry services modality within the community behavioral health services act and directs the Washington state health care authority to apply for a section 1115 medicaid waiver similar to the application submitted by New York state in August 2019 so that the state can leverage federal funding to provide reentry services before the person's release.release, and to provide a potential source of funding to support cost-effective and cost-neutral reentry and diversion services provided by pilot programs funded by the settlement in Trueblood, et al., v.

ItDSHS, provideset personsal., applyingNo. for a conditional release under chapter 10.77 RCW with access to the same community support services available to persons receiving community services under a less restrictive alternative order under chapter 71.05 RCW.

Finally,15-35462. it removes stigmatizing language from the program created under RCW 72.09.370 and 71.24.470 and creates a work group to advise the state how to use strategies based on evidence-based, research-based, and promising practices to expand the provision of cost-effective reentry services to new populations.(2) The legislature finds that the support for patients and communities act, H.R.

6It 115thensures Cong.that persons applying for a conditional release under chapter 10.77 RCW have access to the same community support services available to persons receiving community services under a less restrictive alternative order under chapter 71.05 RCW.

Sec.Finally, it removes stigmatizing language from the program created under RCW 72.09.370 and 71.24.470 and creates a work group to advise the state how to use strategies based on evidence-based, research-based, and promising practices to expand the recovery benefits of this evidence-based reentry program to additional persons.Sec.

271 (2018), provided federal recognition of the importance of providing transition services to persons who are soon to be former inmates of public institutions.

This act requires the secretary of health and human services to issue a state medicaid director letter by October 2019 regarding opportunities for states to apply for a section 1115 waiver to improve care transitions by providing medicaid services up to thirty days before a person's expected release.

This guidance has not yet been released.

New York state and the District of Columbia have already submitted section 1115 waiver applications which remain pending in the year 2019 in anticipation of this opportunity.Sec.

The authority must provide a progress report describing program design and a detailed fiscal estimate to the governor and relevant committees of the legislature by December 1, 2016.(2) When a release date is scheduled for an individual whose medical assistance benefits are suspended under this section, the medical assistance benefits of a person may be restored up to ninety days prior to the person's release to facilitate reentry and recovery services, provided that no federal funds may be expended during this period for purposes not permitted by the state's agreements with the federal government.(3) Starting January 1, 2022, the medical assistance benefits of a person that have been suspended under this section must be restored up to ninety days andbut not less than seven days prior to the person's scheduled release to facilitate reentry and recovery services, provided that no federal funds may be expended during this period for purposes not permitted by the state's agreements with the federal government.(4)government.Sec. For the purpose of this section, "reentry services" has the same meaning as under RCW 71.24.025.Sec.

"Reentry services" also means targeted services provided to such a person following release to support thesuch a person's recovery and stability in the community.

"Reentry services" may include:(a) Engagement, assessment, recovery support, and release planning provided up to ninety days prior to a scheduled or expected release provided by behavioral health clinicians, certified peerpeers, counselors, or both;(b) Intensive case management, peer bridger services, or both provided during the period beginning immediately upon the person's release which may decrease in intensity over time depending on the specific needs of the individual;(c) Coordination of mental health services, assistance with unfunded medical expenses, assistance obtaining substance use disorder treatment, housing, employment services, educational or vocational training, transportation, independent living skills, parenting education, anger management services, peer services, and such other services as the case manager deems necessary;

(1) TheBy healthFebruary care1, authority2021, shall, after the releasehealth ofcare federalauthority guidance,shall apply for a section 1115 medicaid waiver to provide reentry services as defined under RCW 71.24.025 through the state medicaid programprogram. to persons who are expecting to be released from a public institution and are otherwise eligible to receive medical assistance.

The authority shall consult with the work group established under section 10 of this act about the details of the application and howmay tomodify maximizeits supportapplication forwith Washington state reentry programs within the limitationsconsent of what the centerswork ofgroup.(2) medicareThe and medicaid services are likely to approve.(2) In developing its application, the health care authority mustshall explicitly consider how to best leverage the 1115 medicaid waiver applicationservices forapplied the following purposes:(a) To provide federal funding support for the state-only portions of the reentry community services program under RCWthis 72.09.370section andcould 71.24.470;(b)be Toused to provide sustainable funding for cost-effective or cost-neutral reentry or diversion services provided by pilot programs funded by contemptthe finessettlement in Trueblood, et al., v.

15-35462;15-35462.

and(c) To accommodate the specialextent needspracticable, ofthe persons in jail who tend to stay for short periods of time and not have access to a documented anticipated release date.(3) The authority shall consideraccommodate howthis evaluationsconsideration ofin the reentry community services program created under RCW 72.09.370 and 71.24.470 conducted by the Washington state institute for public policy may be used to establish an evidence base for its waiver application demonstratingwith the potentialadvice for delivering cost-effective reentry services in the state of Washington.(4) The health care authority shall update the governor and appropriateconsent committees of the legislaturework ingroup writingestablished uponunder submission of its section 111510 medicaid waiver application, at the point at which such application obtains final approval or denial from the centers for medicaid and medicare services, and at other critical junctures at the discretion of thethis healthact. care authority.Sec.

The authority shall consider the history of evaluations of the program created under RCW 72.09.370 and 71.24.470 by the Washington state institute for public policy establishing an evidence base for the reentry community services program as cost-effective in the state of Washington as potential evidentiary support for its waiver application.(3) The health care authority shall update the governor and appropriate committees of the legislature in writing upon submission of the waiver application and at the point at which such application obtains final approval or denial from the centers for medicaid and medicare services.Sec.

A new section is added to chapter 71.24 RCW to read as follows:(1) The authority shall convene a reentry community services work group to consider waysexpansion toor improvereplication of the successful elements of the reentry community services program under RCW 72.09.370 and improvement of reentry services for persons with an identified behavioral health services need.

The work group shall:(a) Advise the authority on its waiver application under section 4 of this act;(b) Consider howthe tomerits expand,of replicate,replicating or adaptexpanding the essential elements of the reentry community services program under RCW 72.09.370 and 71.24.470 while preserving those aspects most essential to stableinclude reentryproviding and recovery to provide reentry community services to:(i) A larger set of persons incarcerated in prison includingincluding, upbut tonot alllimited to, persons releasingwho fromcould prisonbe whoserved areby reasonablyrevising believedeligibility criteria for the program to presentinclude eligibility for services to all persons with either a high risk of violent recidivism, a high risk of nonviolent recidivism, or both in combination with a mental disorder or a substance use disorder, or otherboth;(ii) subsets of persons at the discretion of the work group;(ii) Persons who are committed to a state hospital or long-term involuntary behavioral health treatment facility under chapter 10.77 RCW or RCW 71.05.280(3),71.05.280(3);(iii) who are reasonably believed to be ready for safe discharge to an appropriate community placement;(iii) Persons expectingconfined release from confinement under chapter 13.40 RCW;(iv) Persons expecting release from confinement in jail;

and/or(v)and/or(iv) Other populations recommended by the work group;(c) EvaluateDetermine whether it would be better for administration of contracts for services under the reentry community services program should remain at the state level or instead be administered by managed care organizations orand/or behavioral health administrative services organizations;(d) Identify thewhat costs and savings that could be realized through expandingreplication or replicatingexpansion of the reentry community services program asand describedhow undersuch (b)a ofreplicated this subsection or throughexpanded otherprogram meanscould ofbe providingstaffed reentryor services;(e)funded;(e) EvaluateConsider thewhether sustainabilitypeer of promising reentry services orshould diversionbe servicesincorporated providedinto bythe pilotprogram; programs funded by contempt fines in Trueblood, et al., v.

DSHS,and(f) etIdentify al.,what No.adaptations are needed to replicate or expand the program while preserving those aspects of the program that are essential for stable reentry and recovery.(2) The authority shall invite participation in the work group by stakeholders including but not limited to representatives from:

15-35462;(f)Disability Recommendrights meansWashington of funding and staffingother expandedbehavioral reentryhealth services;advocacy organizations;

and(g) Consider how peer services can be incorporated into the reentry services programs.(2) The authority shall invite participation in the work group by stakeholders including but not limited to representatives from:

Disability rights Washington;

behavioral health advocacy organizations;

thelaw departmentenforcement; of children, youth, and families;

thejails; Washington association of sheriffs and police chiefs;

prosecutors;

defense attorneys;

the Washington state association of counties;

King county behavioral health and recovery division;

TheBy January 1, 2021, the Washington state health care authority shall revise its contracts with managed care organizations and behavioral health administrative services organizations to require those entities to ensure that providers that contract to provide services through the reentry community services program under RCW 72.09.370 and 71.24.330 are available to their eligible clients in every regional service area.NEW SECTION.  Sec.

The Washington state institute for public policy shall update its previous evaluations of the reentry community services program under RCW 72.09.370 and 71.24.470,71.24.470 using its updated cost benefit analysis methodology, considering impacts on both recidivism and the use of public services.

The institute shall collaborate with the work group established under section 10 of this act to determine research parameters and additional research questions that would support the work of the work group including, but not limited to, the potential cost, benefit, and risks to the state of expandingreplicating or replicatingexpanding the reentry community services program;

The department of corrections, health care authority, administrative office of the courts, King county, and department of social and health services must cooperate with the institute to facilitate access to data or other resources necessary to complete this work.