(1) The department is designated as the state
mental health authority.
(2) The secretary shall provide for public, client, and
licensed service provider participation in developing the state
mental health program, developing contracts with regional support
networks, and any waiver request to the federal government under
medicaid.
(3) The secretary shall provide for participation in
developing the state mental health program for children and other
underserved populations, by including representatives on any
committee established to provide oversight to the state mental
health program.
(4) The secretary shall be designated as the regional
support network if the regional support network fails to meet
state minimum standards or refuses to exercise responsibilities
under RCW 71.24.045, until such time as a new regional support
network is designated under RCW 71.24.320.
(5) The secretary shall:
(a) Develop a biennial state mental health program that
incorporates regional biennial needs assessments and regional
mental health service plans and state services for adults and
children with mental illness. The secretary shall also develop a
six-year state mental health plan;
(b) Assure that any regional or county community mental
health program provides access to treatment for the region's
residents, including parents who are respondents in dependency
cases, in the following order of priority: (i) Persons with
acute mental illness; (ii) adults with chronic mental illness and
children who are severely emotionally disturbed; and (iii)
persons who are seriously disturbed. Such programs shall
provide:
(A) Outpatient services;
(B) Emergency care services for twenty-four hours per day;
(C) Day treatment for persons with mental illness which
includes training in basic living and social skills, supported
work, vocational rehabilitation, and day activities. Such
services may include therapeutic treatment. In the case of a
child, day treatment includes age-appropriate basic living and
social skills, educational and prevocational services, day
activities, and therapeutic treatment;
(D) Screening for patients being considered for admission to
state mental health facilities to determine the appropriateness
of admission;
(E) Employment services, which may include supported
employment, transitional work, placement in competitive
employment, and other work-related services, that result in
persons with mental illness becoming engaged in meaningful and
gainful full or part-time work. Other sources of funding such as
the division of vocational rehabilitation may be utilized by the
secretary to maximize federal funding and provide for integration
of services;
(F) Consultation and education services; and
(G) Community support services;
(c) Develop and adopt rules establishing state minimum
standards for the delivery of mental health services pursuant to
RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a
county-operated mental health program to be licensed as a service
provider subject to compliance with applicable statutes and
rules. The secretary shall provide for deeming of compliance
with state minimum standards for those entities accredited by
recognized behavioral health accrediting bodies recognized and
having a current agreement with the department;
(ii) Regional support networks; and
(iii) Inpatient services, evaluation and treatment services
and facilities under chapter 71.05 RCW, resource management
services, and community support services;
(d) Assure that the special needs of persons who are
minorities, elderly, disabled, children, low-income, and parents
who are respondents in dependency cases are met within the
priorities established in this section;
(e) Establish a standard contract or contracts, consistent
with state minimum standards, RCW 71.24.320 and 71.24.330, which
shall be used in contracting with regional support networks. The
standard contract shall include a maximum fund balance, which
shall be consistent with that required by federal regulations or
waiver stipulations;
(f) Establish, to the extent possible, a standardized
auditing procedure which minimizes paperwork requirements of
regional support networks and licensed service providers. The
audit procedure shall focus on the outcomes of service and not
the processes for accomplishing them;
(g) Develop and maintain an information system to be used by
the state and regional support networks that includes a tracking
method which allows the department and regional support networks
to identify mental health clients' participation in any mental
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 in RCW 71.05.390, 71.05.420, and 71.05.440;
(h) License service providers who meet state minimum
standards;
(i) Certify regional support networks that meet state
minimum standards;
(j) Periodically monitor the compliance of certified
regional support networks and their network of licensed service
providers for compliance with the contract between the
department, the regional support network, and federal and state
rules at reasonable times and in a reasonable manner;
(k) Fix fees to be paid by evaluation and treatment centers
to the secretary for the required inspections;
(l) Monitor and audit regional support networks and licensed
service providers as needed to assure compliance with contractual
agreements authorized by this chapter;
(m) Adopt such rules as are necessary to implement the
department's responsibilities under this chapter;
(n) Assure the availability of an appropriate amount, as
determined by the legislature in the operating budget by amounts
appropriated for this specific purpose, of community-based,
geographically distributed residential services;
(o) Certify crisis stabilization units that meet state
minimum standards; and
(p) Certify clubhouses that meet state minimum standards.
(6) The secretary shall use available resources only for
regional support networks, except to the extent authorized, and
in accordance with any priorities or conditions specified, in the
biennial appropriations act.
(7) Each certified regional support network and licensed
service provider shall file with the secretary, on request, such
data, statistics, schedules, and information as the secretary
reasonably requires. A certified regional support network or
licensed service provider which, without good cause, fails to
furnish any data, statistics, schedules, or information as
requested, or files fraudulent reports thereof, may have its
certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a
certification or license, or refuse to grant a certification or
license for failure to conform to: (a) The law; (b) applicable
rules and regulations; (c) applicable standards; or (d) state
minimum standards.
(9) The superior court may restrain any regional support
network or service provider from operating without 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.
(10) Upon petition by the secretary, 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
authorizing him or her to enter at reasonable times, and examine
the records, books, and accounts of any regional support network
or service provider refusing to consent to inspection or
examination by the authority.
(11) Notwithstanding the existence or pursuit of any other
remedy, the secretary 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 regional
support network or service provider without certification or a
license under this chapter.
(12) The standards for certification of evaluation and
treatment facilities shall include standards relating to
maintenance of good physical and mental health and other services
to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation
of the purposes of these chapters.
(13) The standards for certification of crisis stabilization
units shall include standards that:
(a) Permit location of the units at a jail facility if the
unit is physically separate from the general population of the
jail;
(b) Require administration of the unit by mental health
professionals who direct the stabilization and rehabilitation
efforts; and
(c) Provide an environment affording security appropriate
with the alleged criminal behavior and necessary to protect the
public safety.
(14) The standards for certification of a clubhouse shall at
a minimum include:
(a) The facilities may be peer-operated and must be
recovery-focused;
(b) Members and employees must work together;
(c) Members must have the opportunity to participate in all
the work of the clubhouse, including administration, research,
intake and orientation, outreach, hiring, training and evaluation
of staff, public relations, advocacy, and evaluation of clubhouse
effectiveness;
(d) Members and staff and ultimately the clubhouse director
must be responsible for the operation of the clubhouse, central
to this responsibility is the engagement of members and staff in
all aspects of clubhouse operations;
(e) Clubhouse programs must be comprised of structured
activities including but not limited to social skills training,
vocational rehabilitation, employment training and job placement,
and community resource development;
(f) Clubhouse programs must provide in-house educational
programs that significantly utilize the teaching and tutoring
skills of members and assist members by helping them to take
advantage of adult education opportunities in the community;
(g) Clubhouse programs must focus on strengths, talents, and
abilities of its members;
(h) The work-ordered day may not include medication clinics,
day treatment, or other therapy programs within the clubhouse.
(15) The department shall distribute appropriated state and
federal funds in accordance with any priorities, terms, or
conditions specified in the appropriations act.
(16) The secretary shall assume all duties assigned to the
nonparticipating regional support networks under chapters 71.05, 71.34, and 71.24 RCW. Such responsibilities shall include those
which would have been assigned to the nonparticipating counties
in regions where there are not participating regional support
networks.
The regional support networks, or the secretary's assumption
of all responsibilities under chapters 71.05, 71.34, and 71.24 RCW, shall be included in all state and federal plans affecting
the state mental health program including at least those required
by this chapter, the medicaid program, and P.L. 99-660. Nothing
in these plans shall be inconsistent with the intent and
requirements of this chapter.
(17) The secretary shall:
(a) Disburse funds for the regional support networks within
sixty days of approval of the biennial contract. The department
must either approve or reject the biennial contract within sixty
days of receipt.
(b) Enter into biennial contracts with regional support
networks. The contracts shall be consistent with available
resources. No contract shall be approved that does not include
progress toward meeting the goals of this chapter by taking
responsibility for: (i) Short-term commitments; (ii) residential
care; and (iii) emergency response systems.
(c) Notify regional support networks of their allocation of
available resources at least sixty days prior to the start of a
new biennial contract period.
(d) Deny all or part of the funding allocations to regional
support networks based solely upon formal findings of
noncompliance with the terms of the regional support network's
contract with the department. Regional support networks
disputing the decision of the secretary to withhold funding
allocations are limited to the remedies provided in the
department's contracts with the regional support networks.
(18) The department, 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 free-standing evaluation and treatment facilities
certified under chapter 71.05 RCW. The department shall
periodically report its efforts to the appropriate committees of
the senate and the house of representatives.
[2008 c 267 § 5; 2008 c 261 § 3. Prior: 2007 c 414 § 2; 2007 c 410 § 8; 2007 c 375 § 12; 2006 c 333 § 201; prior: 2005 c 504 § 715; 2005 c 503 § 7; prior: 2001 c 334 § 7; 2001 c 323 § 10; 1999 c 10 § 4; 1998 c 245 § 137; prior: 1991 c 306 § 3; 1991 c 262 § 1; 1991 c 29 § 1; 1990 1st ex.s. c 8 § 1; 1989 c 205 § 3; 1987 c 105 § 1; 1986 c 274 § 3; 1982 c 204 § 4.]
NOTES:
Reviser's note: This section was amended by 2008 c 261 § 3 and by 2008 c 267 § 5, 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).
Intent -- Findings -- 2008 c 261: See note following RCW 71.24.320.
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 71.24.805.
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 § 2.]
Effective date -- 1986 c 274 §§ 1, 2, 3, 5, and 9: See note following RCW 71.24.015.