Behavioral Health Administration

Type: 
Recently Adopted Rules (CR-103P and CR-103E)

Rule Title/Subject

Contact Person

Washington State Register Citations

Chapter 388-875 WAC

The department is repealing one section and amending other existing sections in chapter 388-875 WAC “Criminally insane person committed to the care of the department of social and health services – evaluation, placement, care and discharge”.

Jason Karpen
(360) 725-3529
PERMANENT ADOPTION
WSR 19-11-055
Effective Date: June 13, 2019

Chapter 388-877B WAC

The department is repealing Chapter 388-877B WAC – Substance Use Disorder, Detoxification Services.  The legislature passed 2ESHB 1388, transferring portions of the responsibility for Behavioral Health to the Department of Health and portions to the Health Care Authority effective July 1, 2018. The rules in this chapter will be rewritten under the Department of Health and the Health Care Authority, therefore no longer needed by the Department of Social and Health Services. Effective July 1, 2018 DSHS no longer has the authority to oversee this program.

Katherine Vasquez
(360) 664-6097
PERMANENT ADOPTION
WSR 18-14-102
Effective Date: August 3, 2018

Chapters 388-865, 877 WAC

The department is repealing Chapter 388-865 WAC, Community Mental Health and Involuntary Treatment Programs and Chapter 388-877 WAC, Behavioral Health Services Administrative Requirements.  The legislature passed 2ESHB 1388, transferring portions of the responsibility for Behavioral Health to the Department of Health and portions to the Health Care Authority effective July 1, 2018. The rules in these chapters will be rewritten under the Department of Health and the Health Care Authority, therefore no longer needed by the Department of Social and Health Services. The Department of Health has filed emergency rules under WSR 18-14-018 on June 25, 2018 to become effective July 1, 2018 and the Health Care Authority filed emergency rules under WSR 18-14-027 on June 26, 2018 to become effective July 1, 2018.

Katherine Vasquez
(360) 664-6097

PERMANENT ADOPTION
WSR 18-14-034
Effective Date: July 28, 2018

WAC 388-865-0526

The department is amending WAC 388-865-0526 “Single bed certification” by emergency rule to immediately provide clearer means for individuals who have a less restrictive alternative order or conditional release revocation to be granted an exception to allow timely and appropriate treatment under a single bed certification in a facility that is not certified as an Evaluation and Treatment facility. This filing extends the emergency rule filed as WSR 18-05-009 on February 8, 2018 to give time to work on the development of the permanent rule and also to assist with transitioning this rule to the Health Care Authority on July 1, 2018 according to 2ESHB 1388. A CR-101 Preproposal Statement of Inquiry was filed as WSR 18-03-096 on January 17, 2018. The department has created a draft rule and has circulated it to some key external and internal stakeholders for initial review.

Dennis Malmer
(360) 725-3747
EMERGENCY ADOPTION
WSR 18-12-040
Effective Date: June 8, 2018

Chapter 388-810, 865, 877, 877A, 877B, 877C WAC

The department is amending existing rules and creating new rules in chapter 388-877 WAC regarding behavioral health services to provide a single set of regulations for behavioral health agencies to follow in order to provide mental health, substance use disorder, co-occurring, and pathological and problem gambling services. The department is also proposing to repeal chapters 388-810, 388-877A, 388-877B, 388-877C WAC, and repeal specific sections of chapters 388-865 and 388-877 WAC. A crosswalk table of existing and new WAC sections is available upon request.

Stephanie Vaughn
(360) 725-1342
PERMANENT ADOPTION
WSR 18-06-043
Effective Date: April 1, 2018

WAC 388-865-0526

The department is amending WAC 388-865-0526 “Single bed certification” by emergency rule to immediately provide clearer means for individuals who have a less restrictive alternative order or conditional release revocation to be granted an exception to allow timely and appropriate treatment under a single bed certification in a facility that is not certified under WAC 388-865-0500 as an Evaluation and Treatment facility.

Stephanie Vaughn
(360) 725-1342
EMERGENCY ADOPTION
WSR 18-05-009
Effective Date: February 8, 2018

Chapter 388-877B WAC

The Division of Behavioral Health and Recovery is proposing new rules in chapter 388-877B WAC to enable behavioral health agencies to become certified to deliver Secure Withdrawal Management and Stabilization services. RCW 71.05.760(2) directs the department to ensure that at least one sixteen-bed secure detoxification facility is operational by April 1, 2018 and that at least two sixteen-bed secure detoxification facilities are operational by April 1, 2019.

Stephanie Vaughn
(360) 725-1342
PERMANENT ADOPTION
WSR 18-01-103
Effective Date: January 19, 2018

Chapter 388-877 WAC

The department is amending rules about grievances, appeals, and hearings in chapter 388-877 WAC to align with the Centers for Medicare and Medicaid Services’ (CMS) amended federal rules in 42 CFR 438 Subpart F that govern the grievance and appeals system for Medicaid managed care. States must comply with these federal rule amendments by July 1, 2017. The new definitions, timeframes, and alignment of certain processes for appeals and grievances will provide individuals with a more streamlined and manageable grievance and appeals process, and will allow behavioral health agencies and behavioral health organizations to further align rules applicable to private health insurance and group health plans that apply across the market. The department is limiting amendments to bringing the rules into compliance with federal rules and making necessary edits to change names and terms and clarify language without changing the rule’s effect. When these rules become effective, they will supersede emergency rules filed as WSR 17-14-094 that went into effect July 1, 2017.

Stephanie Vaughn
(360) 725-1342
PERMANENT ADOPTION
WSR 17-20-006
Effective Date: October 23, 2017

Chapter 388-877A, 877B WAC

The department is putting certification requirements into rule to create the ability for mental health and substance use disorder service providers to provide supportive housing and supported employment behavioral health services. Programs for supportive housing services and supported employment services are included as part of Washington State’s Medicaid Transformation Waiver, which was approved on January 9, 2017. RCW 71.24.385 authorizes a supportive housing services program and a supported employment services program to be developed to serve individuals receiving behavioral health services. These rules will allow the department to certify these services when a licensed behavioral health agency applies and qualifies for certification. This permanent rule, when it becomes effective, will supersede emergency rules filed as WSR 17-11-075 filed on May 18, 2017.

Stephanie Vaughn
(360) 725-1342
PERMANENT ADOPTION
WSR 17-17-026
Effective Date: September 8, 2017

Chapter 388-877 WAC

The department is amending rules about grievances, appeals, and hearings in chapter 388-877 WAC to align with the Centers for Medicare and Medicaid Services’ (CMS) amended federal rules in 42 CFR 438 Subpart F that govern the grievance and appeals system for Medicaid managed care. States must comply with these federal rule amendments by July 1, 2017. The new definitions, timeframes, and alignment of certain processes for appeals and grievances will provide individuals with a more streamlined and manageable grievance and appeals process, and will allow behavioral health agencies and behavioral health organizations to further align rules applicable to private health insurance and group health plans that apply across the market. The department is limiting amendments to bringing the rules into compliance with federal rules and making necessary edits to change names and terms and clarify language without changing the rule’s effect.

Stephanie Vaughn
(360) 725-1342
EMERGENCY ADOPTION
WSR 17-14-094
Effective Date: July 1, 2017

Chapter 388-877A, 877B WAC

The department is putting certification requirements in rule to create the ability for mental health and substance use disorder service providers to provide supportive housing and supported employment behavioral health services. Programs for supportive housing services and supported employment services are included as part of Washington state’s Medicaid Transformation Waiver, which was approved on January 9, 2017. RCW 71.24.385 authorizes a supportive housing services program and a supported employment services program to be developed to serve individuals receiving behavioral health services. These rules will allow the department to certify these services when a licensed behavioral health agency applies and qualifies for certification.

Stephanie Vaughn
(360) 725-1342
EMERGENCY ADOPTION
WSR 17-11-075
Effective Date: May 18, 2017

WAC 388-865-0260

The department is repealing WAC 388-865-0260 “Mental health professionals and specialists” which was inadvertently left off the list of sections proposed for repeal under WSR 16-07-152 filed on March 23, 2016. The language in this section was updated and incorporated in WAC 388-877-0410, WAC 388-877-0420, WAC 388-877-0500, and other sections in chapter 388-877 WAC “Behavioral Health Services Administrative Requirements”. The other Regional Support Network rules that were proposed for repeal under WSR 16-07-152 were repealed under WSR 16-13-087 filed on June 15, 2016.

Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 16-23-047
Effective Date: December 11, 2016

Chapters 388-865, 875, 877, 877A, 877B, 877C WAC

The Division of Behavioral Health and Recovery (DBHR) of the Department of Social and Health Services is adopting, amending, and repealing rules to comply with Second Substitute Senate Bill (2SSB) 6312, Chapter 225, Laws of 2014. 2SSB 6312 requires, in part, the Regional Support Networks (RSNs) to be renamed Behavioral Health Organizations (BHOs ) effective April 1, 2016, and authorizes the department to establish regional service areas within the state with the intended effect of integrating substance use disorder treatment with mental health services. Changes include updating definitions, changing "chemical dependency" to "substance use disorder", clarifying processes, and making editing changes to provide clarification and consistency within the rules.

Kathy Sayre
(360) 725-1342
PERMANENT ADOPTION
WSR 16-13-087
Effective Date: July 16, 2016

Chapters 388-865, 875, 877, 877A, 877B, 877C WAC

The department is adopting, amending, and repealing rules to comply with Second Substitute Senate Bill (2SSB) 6312, Chapter 225, Laws of 2014. 2SSB 6312 requires, in part, the Regional Support Networks (RSN) to be renamed Behavioral Health Organizations (BHO) effective April 1, 2016, and authorizes the department to establish regional service areas within the state with the intended effect of integrating substance use disorder treatment with mental health services. Changes include updating definitions, changing "chemical dependency" to "substance use disorder", clarifying processes, and making editing changes to provide clarification and consistency within the rules.

Kathy Sayre
(360) 725-1342
EMERGENCY ADOPTION
WSR 16-08-004
Effective Date: April 1, 2016

Chapter 388-865 WAC

To comply with Second Engrossed Second Substitute Senate Bill (2E2SSB) 5177 (Chapter 7, Laws of 2015 1st sp. sess.) which requires, in part, the department to develop alternative locations and increased access to competency evaluation and restoration treatment services under chapter 10.77 RCW, and to meet the requirements of the court decision in Trueblood v. DSHS.

Kathy Sayre
(360) 725-1342

PERMANENT ADOPTION
WSR 16-07-061
Effective Date: April 15, 2016

Chapter 388-865 WAC

The department is extending the current emergency rule filing WSR 15-20-121, effective October 7, 2015, to ensure continued implementation of the court decision in Trueblood v. DSHS until the permanent is effective. The court decision orders DSHS, by January 2, 2016, to admit persons ordered to receive competency evaluation or restoration services into a State Hospital within seven days of the signing of a court order. In addition, the emergency rule extension ensures continued compliance with Second Engrossed Second Substitute Senate Bill (2E2SSB) 5177 (Chapter 7, Laws of 2015 1st sp. sess.) which requires the department to begin providing competency restoration treatment services in the community on a phased-in basis. The emergency rule relieves pressure on the State Hospitals to admit persons within seven days of the signing of a court order by ensuring a residential treatment facility, a general hospital, a private psychiatric hospital, or an inpatient evaluation and treatment facility can contract with DSHS to provide these services using one set of standards, and ensures that affected individuals receive needed services instead of waiting for these services while in jail.

Kathy Sayre
(360) 725-1342

EMERGENCY ADOPTION
WSR 16-04-040
Effective Date: January 26, 2016

Chapter 388-865 WAC

The department is adopting a new chapter 388-865 WAC in order to implement the court decision in Trueblood v. DSHS which orders DSHS, by January 2, 2016, to admit persons ordered to receive competency evaluation or restoration services into a State Hospital within seven days of the signing of a court order. The emergency rule also complies with Second Engrossed Second Substitute Senate Bill (2E2SSB) 5177 (Chapter 7, Laws of 2015 1st sp. sess.) which requires the department to begin providing competency restoration treatment services in the community on a phased-in basis. Affected individuals are pre-trial detainees who have been charged with having committed a crime, but there is a question as to their competency to stand trial, or they have been determined to not be competent and have been ordered to undergo competency restoration. Because competency evaluation and restoration services are currently available only at the State Hospitals, many of the individuals who are currently waiting for services wait in jail for evaluation or restoration treatment. The emergency rule will relieve pressure on the State Hospitals to admit persons within seven days of the signing of a court order by ensuring a residential treatment facility, a general hospital, a private psychiatric hospital, or an inpatient evaluation and treatment facility can contract with DSHS to provide these services using one set of standards. In addition, the emergency rule will ensure that affected individuals receive needed services instead of waiting for these services while in jail.

Kathy Sayre
(360) 725-1342

EMERGENCY ADOPTION
WSR 15-20-121
Effective Date: October 7, 2015

WAC 388-865-0255

The new rules inform individuals applying for, eligible for, or receiving mental health services of their right to express dissatisfaction regarding a mental health service and how to use the Regional Support Network's (RSN's) grievance system. The rules inform consumers of behavioral health services how to use the Division of Behavioral Health and Recovery's (DBHR's) complaint process, and update and clarify individual rights specific to the Medicaid program. The department is repealing WAC 388-865-0255 that is outdated due to these new rules.

Kathy Sayre
(360) 725-1342

PERMANENT ADOPTION
WSR 15-14-058
Effective Date: July 26, 2015

WAC 388-865-0526

The department is amending WAC 388-865-0526 as a result of the Washington Supreme Court decision in In re the Detention of D.W., et.al., No. 90110-4. This section contains the department's rules for single bed certification which allows for the inpatient treatment of adults and children in facilities that are not certified as inpatient evaluation and treatment facilities. The amendment: (1) allows residential treatment facilities, psychiatric hospitals, hospitals with a psychiatric unit, and hospitals that can provide timely and appropriate mental health treatment to be recognized for single bed certification; (2) requires that any facility which is the site of a proposed single bed certification confirm that it is willing to provide treatment services; (3) articulates standards that facilities must meet while operating under a single bed certification; and (4) clarifies that the regional support networks retain responsibility for ensuring that the rights of patients are protected while in single bed certifications.

Kathy Sayre
(360) 725-1342

PERMANENT ADOPTION
WSR 15-14-087
Effective Date: July 30, 2015

WAC 388-865-0526

The department is amending WAC 388-865-0526 as a result of the Washington Supreme Court decision in In re the Detention of D.W., et.al., No. 90110-4. This section contains the department's rules for single bed certification which allows for the inpatient treatment of adults and children in facilities that are not certified as inpatient evaluation and treatment facilities. The amendment: (1) allows residential treatment facilities, psychiatric hospitals, hospitals with a psychiatric unit, and hospitals that can provide timely and appropriate mental health treatment to be recognized for single bed certification; (2) requires that any facility which is the site of a proposed single bed certification confirm that it is willing to provide treatment services; (3) articulates standards that facilities must meet while operating under a single bed certification; and (4) clarifies that the regional support networks retain responsibility for ensuring that the rights of patients are protected while in single bed certifications.

Kathy Sayre
(360) 725-1342

EMERGENCY ADOPTION
WSR 15-09-122
Effective Date: April 21, 2015

WAC 388-865-0526

The department is amending WAC 388-865-0526 regarding single bed certifications as a result of the Washington Supreme Court decision in In re the Detention of D.W., et.al., No. 90110-4.

Kathy Sayre
(360) 725-1342

EMERGENCY ADOPTION
WSR 15-01-193
Effective Date: December 26, 2014

WAC 388-865-0526

The department is amending WAC 388-865-0526 regarding single bed certifications as a result of the Washington Supreme Court decision in In re the Detention of D.W., et.al., No. 90110-4.

Kathy Sayre
(360) 725-1342

EMERGENCY ADOPTION
WSR 14-20-007
Effective Date: September 18, 2014