SB 5655 — Making state hospitals available for short-term detention and involuntary commitment.

S-4055.1S-3150.3 SUBSTITUTE SENATE BILL 5655 State of Washington 67th Legislature 2022 Regular Session By Senate Behavioral Health Subcommittee to Health & Long Term Care (originally sponsored by Senators Dhingra, Lovick, and C.

Wilson)Wilson READPrefiled FIRST01/05/22. TIME 01/31/22.

ANRead ACTfirst Relatingtime to01/10/22. individuals who experience refusals of service for involuntary behavioral health treatment;

creatingReferred newto sections;Committee on Health & Long Term Care.

andAN providingACT anRelating expirationto date.making state hospitals available for short- term detention and involuntary commitment;

and adding new sections to chapter 72.23 RCW.

TheA legislaturenew findssection thatis overadded 30to percentchapter of72.23 individualsRCW currentlyto atread ouras statefollows: hospitals receiving forensic services are repeat patients.

Many(1) individualsEach inadult our state hospitalshospital aremust individualsestablish whoseand needsmaintain werecapacity notto metprovide whentreatment theyfor werepatients firstdetained referred for civil120 commitment.hours or 14 days of involuntary treatment under RCW 71.05.150, 71.05.153, and 71.05.240.

ThereThe ispriority ause subset of forensicthis capacity shall be to provide treatment for patients who endexperience updifficulty atobtaining aplacement statein hospitallocal becauseevaluation theirand needstreatment werefacilities notor metsecure inwithdrawal themanagement civiland system.stabilization facilities as defined under chapter 71.05 RCW.

Their(2) unmetThe needsdepartment contributeshall todevelop theirguidelines involvementfor inobtaining theadmission criminalfor justiceshort-term system.120-hour evaluation or 14-day treatment patients at each adult state hospital and distribute these guidelines to designated crisis responder agencies.

AsThe aguidelines stateshall wediscuss needfactors toused provide an appropriate level of care to individualsdetermine whenadmission theypriority aresuch firstas: identified as needing that care, instead of giving them the care they need through our forensic system.

The(a) consistentWhether increasethe person in numbersneed and acuity of forensictreatment patientshas ata ourhistory stateof hospitalsone isor unacceptable,more andviolent solutionsacts forwhich thismakes populationit havedifficult to beobtain found.short-term placement in a p.

1 SB 5655 community facility;

(b) whether the person has a prior criminal charge with a finding of incompetence to stand trial;

(c) whether reasonable attempts have been made to place the person at a community involuntary treatment facility without success;

(d) the geographic location of the patient and availability of treatment resources in the area;

(e) whether the person is receiving treatment in a facility certified pursuant to RCW 71.05.745;

and (f) whether absent admission to a state hospital the designated crisis responder would be required to file a report under RCW 71.05.750 with respect to the person.

(3) The guidelines developed under subsection (2) of this section shall address acceptable procedures for obtaining any needed medical clearance and other means to overcome potential barriers to admission for qualified patients.

(4) For the purposes of this section:

(a) "History of one of more violent acts" refers to the period of time 10 years prior to the current period of detention for involuntary treatment, excluding any time spent, but not any violent acts committed, in a behavioral health facility, or in confinement as a result of a criminal conviction.

(b) "Violent act" means behavior that resulted in homicide, attempted suicide, injury, or substantial loss or damage to property.

(1)(a) A tasknew forcesection is establishedadded onto individualschapter who72.23 experienceRCW refusals of service for involuntary behavioral health treatment and then are referred to ourread stateas p.follows:

1The SSBdepartment 5655shall hospitalsbill a patient's health insurance, or if the person does not have health insurance coverage or qualify for forensicenrollment competencyin evaluationmedicaid andthe restorationdepartment services,shall withbill membersthe asbehavioral providedhealth administrative services organization that serves the region where the patient resides, for each day of treatment spent in thisdetention subsection.for up to 120 hours under RCW 71.05.150 or 71.05.153 and spent in detention for up to 14 days under RCW 71.05.240.

(i)Payment Theshall presidentbe ofaccording theto senatea shallrate appointpublished oneand memberdetermined fromby the department for each ofadult thestate twohospital largestby caucusesJuly of1, 2022, and updated at least annually thereafter, which reflects the senate.full expected cost for short-term involuntary treatment at that state hospital.

(ii) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.

(iii) The governor shall appoint the following members:

(A) The director of the health care authority or his or her designee;

(B) The secretary of the department of social and health services or his or her designee;

(C) The chief executive officer of western state hospital or his or her designee;

(D) The chief executive officer of eastern state hospital or his or her designee;

(E) The Washington state attorney general or his or her designee;

(F) Two individuals with lived experience of involuntary civil commitment for behavioral health;

(G) Two individuals with lived experience as a family member of a person who experienced involuntary civil commitment for behavioral health;

and (H) A representative of:

(I) The Washington state hospital association;

(II) The Washington designated crisis responder association;

(III) Behavioral health administrative services organizations;

(IV) King county;

(V) Spokane county;