(1) The authority is designated as the state behavioral health authority which includes recognition as the single state authority for substance use disorders, state opioid treatment authority, and state mental health authority.

Terms Used In Washington Code 71.24.035

  • Authority: means the Washington state health care authority. See Washington Code 71.24.025
  • Available resources: means funds appropriated for the purpose of providing community behavioral health programs, federal funds, except those provided according to Title XIX of the Social Security Act, and state funds appropriated under this chapter or chapter 71. See Washington Code 71.24.025
  • Behavioral health administrative services organization: means an entity contracted with the authority to administer behavioral health services and programs under RCW 71. See Washington Code 71.24.025
  • Behavioral health aide: means a counselor, health educator, and advocate who helps address individual and community-based behavioral health needs, including those related to alcohol, drug, and tobacco abuse as well as mental health problems such as grief, depression, suicide, and related issues and is certified by a community health aide program of the Indian health service or one or more tribes or tribal organizations consistent with the provisions of 25 U. See Washington Code 71.24.025
  • Behavioral health services: means mental health services, substance use disorder treatment services, and co-occurring disorder treatment services as described in this chapter and chapter 71. See Washington Code 71.24.025
  • Community behavioral health program: means all expenditures, services, activities, or programs, including reasonable administration and overhead, designed and conducted to prevent or treat substance use disorder, mental illness, or both in the community behavioral health system. See Washington Code 71.24.025
  • Community support services: means services authorized, planned, and coordinated through resource management services including, at a minimum, assessment, diagnosis, emergency crisis intervention available twenty-four hours, seven days a week, prescreening determinations for persons who are mentally ill being considered for placement in nursing homes as required by federal law, screening for patients being considered for admission to residential services, diagnosis and treatment for children who are acutely mentally ill or severely emotionally or behaviorally disturbed discovered under screening through the federal Title XIX early and periodic screening, diagnosis, and treatment program, investigation, legal, and other nonresidential services under chapter 71. See Washington Code 71.24.025
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of health. See Washington Code 71.24.025
  • Director: means the director of the authority. See Washington Code 71.24.025
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed or certified behavioral health agency: means :
Washington Code 71.24.025
  • Managed care organization: means an organization, having a certificate of authority or certificate of registration from the office of the insurance commissioner, that contracts with the authority under a comprehensive risk contract to provide prepaid health care services to enrollees under the authority's managed care programs under chapter 74. See Washington Code 71.24.025
  • Oversight: Committee review of the activities of a Federal agency or program.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Secretary: means the secretary of the department of health. See Washington Code 71.24.025
  • Substance use disorder: means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual continues using the substance despite significant substance-related problems. See Washington Code 71.24.025
    • (2) The director shall provide for public, client, tribal, and licensed or certified behavioral health agency participation in developing the state behavioral health program, developing related contracts, and any waiver request to the federal government under medicaid.
    (3) The director shall provide for participation in developing the state behavioral health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state behavioral health program.
    (4) The authority shall be designated as the behavioral health administrative services organization for a regional service area if a behavioral health administrative services organization fails to meet the authority’s contracting requirements or refuses to exercise the responsibilities under its contract or state law, until such time as a new behavioral health administrative services organization is designated.
    (5) The director shall:
    (a) Assure that any behavioral health administrative services organization, managed care organization, or community behavioral health program provides medically necessary services to medicaid recipients consistent with the state’s medicaid state plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the authority;
    (b) Develop contracts in a manner to ensure an adequate network of inpatient services, evaluation and treatment services, and facilities under chapter 71.05 RCW to ensure access to treatment, resource management services, and community support services;
    (c) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including managed care contracts for behavioral health services, contracts entered into under RCW 74.09.522, and contracts with public and private agencies, organizations, and individuals to pay them for behavioral health services;
    (d) Define administrative costs and ensure that the behavioral health administrative services organization does not exceed an administrative cost of ten percent of available funds;
    (e) Establish, to the extent possible, a standardized auditing procedure which is designed to assure compliance with contractual agreements authorized by this chapter and minimizes paperwork requirements. The audit procedure shall focus on the outcomes of service as provided in RCW 71.24.435, 70.320.020, and 71.36.025;
    (f) Develop and maintain an information system to be used by the state and behavioral health administrative services organizations and managed care organizations that includes a tracking method which allows the authority to identify behavioral health clients’ participation in any behavioral 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 chapter 70.02 RCW;
    (g) Monitor and audit behavioral health administrative services organizations as needed to assure compliance with contractual agreements authorized by this chapter;
    (h) Monitor and audit access to behavioral health services for individuals eligible for medicaid who are not enrolled in a managed care organization;
    (i) Adopt such rules as are necessary to implement the authority’s responsibilities under this chapter;
    (j) Administer or supervise the administration of the provisions relating to persons with substance use disorders and intoxicated persons of any state plan submitted for federal funding pursuant to federal health, welfare, or treatment legislation;
    (k) Require the behavioral health administrative services organizations and the managed care organizations to develop agreements with tribal, city, and county jails and the department of corrections to accept referrals for enrollment on behalf of a confined person, prior to the person’s release;
    (l) Require behavioral health administrative services organizations and managed care organizations, as applicable, to provide services as identified in RCW 71.05.585 and 10.77.175 to individuals committed for involuntary treatment under less restrictive alternative court orders when:
    (i) The individual is enrolled in the medicaid program; or
    (ii) The individual is not enrolled in medicaid and does not have other insurance which can pay for the services; and
    (m) Coordinate with the centers for medicare and medicaid services to provide that behavioral health aide services are eligible for federal funding of up to one hundred percent.
    (6) The director shall use available resources only for behavioral health administrative services organizations and managed care organizations, except:
    (a) To the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act; or
    (b) To incentivize improved performance with respect to the client outcomes established in RCW 71.24.435, 70.320.020, and 71.36.025, integration of behavioral health and medical services at the clinical level, and improved care coordination for individuals with complex care needs.
    (7) Each behavioral health administrative services organization, managed care organization, and licensed or certified behavioral health agency shall file with the secretary of the department of health or the director, on request, such data, statistics, schedules, and information as the secretary of the department of health or the director reasonably requires. A behavioral health administrative services organization, managed care organization, or licensed or certified behavioral health agency which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may be subject to the contractual remedies in RCW 74.09.871 or may have its service provider certification or license revoked or suspended.
    (8) The superior court may restrain any behavioral health administrative services organization, managed care organization, or service provider from operating without a contract, 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.
    (9) Upon petition by the secretary of the department of health or the director, 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 of the department of health or the director authorizing him or her to enter at reasonable times, and examine the records, books, and accounts of any behavioral health administrative services organization, managed care organization, or service provider refusing to consent to inspection or examination by the authority.
    (10) Notwithstanding the existence or pursuit of any other remedy, the secretary of the department of health or the director 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 behavioral health administrative services organization, managed care organization, or service provider without a contract, certification, or a license under this chapter.
    (11) The authority shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.
    (12) The authority, 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 freestanding evaluation and treatment facilities licensed under chapter 71.12 RCW or certified under chapter 71.05 RCW. The authority shall periodically share the results of its efforts with the appropriate committees of the senate and the house of representatives.
    (13) The authority may:
    (a) Plan, establish, and maintain substance use disorder prevention and substance use disorder treatment programs as necessary or desirable;
    (b) Coordinate its activities and cooperate with behavioral programs in this and other states, and make contracts and other joint or cooperative arrangements with state, tribal, local, or private agencies in this and other states for behavioral health services and for the common advancement of substance use disorder programs;
    (c) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
    (d) Keep records and engage in research and the gathering of relevant statistics; and
    (e) Acquire, hold, or dispose of real property or any interest therein, and construct, lease, or otherwise provide substance use disorder treatment programs.

    NOTES:

    Application—2021 c 263: See note following RCW 10.77.150.
    Effective date—2019 c 325: See note following RCW 71.24.011.
    Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
    Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
    Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
    Effective date—2015 c 269 §§ 1-9 and 11-13: See note following RCW 71.05.010.
    Effective date—2013 c 200: See note following RCW 70.02.010.
    Certification of triage facilities—Effective date—2011 c 148: See notes following RCW 71.05.020.
    Intent—Findings—2008 c 261: See note following RCW 71.24.025.
    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 71.24.015.
    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.
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