WSR 17-24-079

PROPOSED RULES

[Filed December 5, 2017, 11:00 a.m.]

Preproposal statement of inquiry was filed as WSR 17-16-156.

Title of Rule and Other Identifying Information: The department is proposing to create new rules and amend existing rules in chapter 388-877 WAC, repeal chapters 388-810, 388-877A, 388-877B, and 388-877C WAC; and repeal specific sections in chapters 388-865 and 388-877 WAC.

Hearing Location(s): On February 6, 2018, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.

Date of Intended Adoption: Not earlier than February 7, 2018.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., February 6, 2017.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by January 23, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend existing rules and create 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 and 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.

Reasons Supporting Proposal: The 2017 legislature passed E2SHB 1819 (RCW 71.24.870) which charges DSHS with providing a single set of regulations to follow for behavioral health agencies that provide mental health, substance use disorder, and co-occurring treatment services by April 1, 2018. The division of behavioral health and recovery (DBHR) is performing a review of its rules, polices [policies], and procedures related to the documentation requirements for behavioral health services in order to assess the comprehensive nature of this rule change.

Statutory Authority for Adoption: RCW 71.24.870, 70.02.290, 70.02.340, 71.05.560, 71.24.035, 71.34.380.

Statute Being Implemented: RCW 71.24.870.

Name of Proponent: DSHS, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dennis Malmer, P.O. Box 45330, Olympia, WA 98504-5330, 360-725-3747.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Stephanie Vaughn, DBHR, P.O. Box 45330, Olympia, WA 98504-5330, phone 360-725-1342, fax 360-586-0341, TTY 1-800-833-6384, email stephanie.vaughn@dshs.wa.gov.

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Our representative stakeholders have suggested that the implementation of these rules and the intent behind the 2017 bill E2SHB 1819 would result in overall reduced costs. Any costs were determined to be short term, or one-time minor costs.

Initial minor costs for providers were determined to be the following: Development of new policies and procedures, training, and data sets.

Initial minor costs for behavioral health organizations were determined to be the following: Contracting and data sets.

DBHR has plans to help mitigate and alleviate these minor costs by providing a number of services free of charge including training and technical assistance with policies and procedures. DBHR is analyzing the possibility of phasing in the date providers will be required to follow these new rules to further help agencies with the implementation of these rules.

A copy of the detailed cost calculations may be obtained by contacting Stephanie Vaughn, DBHR, P.O. Box 45330, Olympia, WA 98504-5330, phone 360-725-1342, fax 360-586-0341, TTY 1-800-833-6384, email Stephanie.vaughn@dshs.wa.gov.

November 30, 2017

Katherine I. Vasquez

Rules Coordinator