Date of Adoption: May 30, 2001.

Purpose: Chapter 388-865 WAC, Community mental health programs: Integration of administrative rules to be consistent with an integrated mental health system; streamlining rules by eliminating duplication and inconsistency between the rules and waivers/contracts; implementation of changes in chapter 71.05, 71.24 and 71.34 RCW; incorporates department policies; and incorporates some federal Medicaid requirements into rule.

Citation of Existing Rules Affected by this Order: Repealing chapter 388-860 WAC, Juvenile involuntary treatment, WAC 388-860-010 Purpose, 388-860-020 Definitions, 388-860-030 Application for admission -- Voluntary minor, 388-860-040 Emergency detention, 388-860-050 Investigation and involuntary detention, 388-860-060 Fourteen-day commitment petition, 388-860-070 Fourteen-day commitment -- Hearing, 388-860-080 One hundred eighty-day petition, hearing, and commitment, 388-860-090 Detention and commitment after eighteenth birthday, 388-860-100 Transfer from juvenile correctional institutions, 388-860-110 Conditional release or early discharge, 388-860-120 Release of voluntary/involuntary minors to the custody of parents, 388-860-130 Elopement of minors, 388-860-140 Long-term placement -- Designated placement committee, 388-860-150 Revocation of a less-restrictive alternative treatment or conditional release, 388-860-160 Requirements for certifying evaluation and treatment components for minors, 388-860-170 Certification standards for evaluation and treatment program for minors, 388-860-180 Outpatient component, 388-860-190 Emergency component, 388-860-200 Inpatient component, 388-860-210 Certification procedure -- Waivers -- Provisional certification -- Renewal of certification, 388-860-220 Decertification, 388-860-230 Appeal procedure, 388-860-240 Involuntary evaluation and treatment costs -- Seventy-two hour detention/fourteen-day commitments, 388-860-250 Involuntary evaluation and treatment costs -- One hundred eighty-day commitments, 388-860-260 Involuntary treatment program administration costs -- Seventy-two hour/fourteen-day commitment, 388-860-270 Involuntary treatment program transportation costs, 388-860-280 Involuntary treatment program -- Legal costs, 388-860-290 Patient rights, 388-860-300 Confidentiality, 388-860-310 Confidentiality of court proceeding records, 388-860-315 Mental health service provider license and certification fees, 388-860-316 Fee payment and refunds and 388-860-317 Denial, revocation, suspension, and reinstatement; chapter 388-861 WAC, Voluntary admission -- Involuntary commitment, treatment and/or evaluation of mentally ill persons, WAC 388-861-010 Purpose, 388-861-020 Definitions, 388-861-030 Private agencies which may admit voluntary patients, 388-861-040 Voluntary admission to public or private agency -- Voluntary adult, 388-861-081 Periodic review -- Voluntary inpatient, 388-861-090 Limitation on length of stay -- Readmission voluntary patients, 388-861-110 Discharge of voluntary patient -- Release of clinical summary, 388-861-115 Transfer of a patient between state-operated facilities for persons with mental illness, 388-861-131 Nonadmission of involuntarily detained person -- Transportation, 388-861-141 Protection of patient's property -- Involuntary patient, 388-861-151 Evaluation and examination -- Involuntary patient, 388-861-161 Treatment prior to hearings -- Involuntary patient, 388-861-171 Early release or discharge of involuntary patient -- Release of clinical summary -- Notification of court, 388-861-181 Conditional release -- Involuntary patient, 388-861-191 Revocation of conditional release -- Secretary's designee -- Involuntary patient, 388-861-201 Discharge of indigent patient -- Involuntary patient, 388-861-211 Advising patient of rights, 388-861-221 Restoration procedure for a former involuntarily committed person's right to firearm possession, 388-861-231 Conversion to voluntary status by involuntary patient -- Rights, 388-861-241 Rights of patient, 388-861-261 Requirements for certifying evaluation and treatment components, 388-861-263 Certification standards for evaluation and treatment program, 388-861-271 Outpatient component, 388-861-281 Emergency component, 388-861-291 Short-term inpatient component, 388-861-293 Certification procedure -- Waivers -- Provisional certification -- Renewal of certification, 388-861-295 Decertification, 388-861-297 Appeal procedure, 388-861-301 Alternatives to inpatient treatment, 388-861-341 Use of restraints and seclusion by agency not certified as an evaluation and treatment facility, 388-861-351 Research, 388-861-361 Involuntary evaluation and treatment costs -- Responsibility of involuntary patient, 388-861-363 Involuntary evaluation and treatment costs -- Collection by agency, 388-861-365 Involuntary evaluation and treatment costs -- Responsibility of county, 388-861-367 Involuntary evaluation and treatment costs -- Responsibility of department, 388-861-371 Exceptions to rules -- Waivers, 388-861-400 Mental health service provider license and certification fees, 388-861-401 Fee payment and refunds and 388-861-402 Denial, revocation, suspension, and reinstatement; and chapter 388-862 WAC, Community mental health program, WAC 388-862-010 Purpose and authority, 388-862-020 Definitions, 388-862-030 Waiver of rules, 388-862-040 Department responsibilities and duties, 388-862-050 Regional support networks -- General responsibilities and duties, 388-862-060 Regional support networks -- Recognition and certification, 388-862-070 Regional support networks -- Penalties for noncompliance, 388-862-080 Regional support networks -- Governance and community accountability, 388-862-090 Regional support networks -- Financial management, 388-862-100 Regional support network -- Awareness of services, 388-862-110 Regional support networks -- Resource management, 388-862-120 Regional support networks -- Management information, 388-862-130 Regional support networks -- Staff qualifications, 388-862-140 Regional support networks -- Housing, 388-862-150 Regional support networks and prepaid health plans -- Quality improvement, 388-862-160 Regional support networks and prepaid health plans -- Ombuds service, 388-862-170 Regional support networks and prepaid health plans -- Consumer grievances, 388-862-180 Prepaid health plans -- Purpose, 388-862-190 Prepaid health plans -- Eligible consumers, 388-862-200 Prepaid health plans -- Exemptions, 388-862-210 Prepaid health plans -- Enrolled recipient's choice of primary care provider, 388-862-220 Prepaid health plans -- Other services, 388-862-230 Prepaid health plans -- Emergency services, 388-862-240 Prepaid health plans -- Consumer request for second opinion, 388-862-250 Prepaid health plans -- Enrollment termination, 388-862-260 Prepaid health plans -- Audit, 388-862-270 Licensing procedures for service providers -- Application and approval, 388-862-275 Mental health service provider license and certification fees, 388-862-276 Fee payment and refunds, 388-862-277 Denial, revocation, suspension, and reinstatement, 388-862-280 Licensing procedures for providers -- Licensure status, 388-862-290 Licensed service providers -- Written schedule of fees, 388-862-300 Licensed service providers -- Quality assurance, 388-862-310 Licensed service providers -- Staff qualifications, 388-862-320 Licensed service providers -- Qualifications appropriate to the needs of the consumer population, 388-862-330 Personnel management -- Affirmative action, 388-862-340 Consumer rights, 388-862-350 Consent to treatment and access to records, 388-862-360 Services administration -- Confidentiality of consumer information, 388-862-370 Research -- Requirements, 388-862-380 Licensed service providers -- Accessibility, 388-862-390 Crisis response services, 388-862-400 Brief intervention services, 388-862-410 Community support services -- General requirements, 388-862-420 Community support services -- Case management services, 388-862-430 Community support services -- Residential services, 388-862-440 Community support services -- Employment services, 388-862-450 Community support services -- Psychiatric and medical services, 388-862-460 Community support services -- In-home services, and 388-862-470 Community support services -- Consumer or advocate run services.

Statutory Authority for Adoption: RCW 71.05.560, 71.24.035 (5)(c), 71.34.800, 9.41.047, 43.20B.020, and 43.20B.335.

Adopted under notice filed as WSR 01-07-116 on March 21, 2001, with supplemental filing WSR 01-09-078 on April 17, 2001.

Changes Other than Editing from Proposed to Adopted Version: WAC 388-865-0201 (6)(g)(ii)(B), now reads as: "The number of state and county border counties in each RSN"; WAC 388-865-0201, new subsection (8) reads "To the extent authorized by the state legislature, RSN/PHPs may use local funds spent on health services to increase the collection of federal Medicaid funds. Local funds used for this purpose may not be used as match for any other federal funds or programs."; WAC 388-865-0203 (1)(a) and (b), reads: "...during the period January to December prior to the start of each biennium..."; WAC 388-865-0203 (1)(b), reads: "U is the number of each RSN's average daily census at the hospital during the 12 month period January to December prior to the start of each biennium divided by the average daily census at the hospital based on the utilization of hospital beds by RSNs included in the hospital catchment area..."; and WAC 388-865-0502, to reflect current practice, now reads, "At the discretion of the MHD an exception may be granted to allow a community facility to provide involuntary treatment to an adult. (1) For treatment in a facility that is not certified under WAC 388-865-0500 to persons on a 72-hour detention or 14-day commitment, the provider must submit a written request to the MHD. (2) For treatment on a 90 or 180-day inpatient involuntary commitment order, the RSN or its designee must submit a written request to the MHD..."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 18, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 2, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 99, Amended 0, Repealed 123.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 99, Amended 0, Repealed 123.
Effective Date of Rule: Thirty-one days after filing.

May 30, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 01-14 issue of the Register.

Washington State Code Reviser's Office