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Behavioral health and recovery rulemaking

Cascade Care
Affected WAC:
Pending formal proposal
Filed date: 08/04/2021
Description: The agency is developing rules to align with the requirements of E2SSB 5377. This bill provides that if a public option plan is not available in each county during plan year 2022 or later, hospitals licensed under Chapter 70.41 RCW receiving payment from one of the agency’s benefit programs or its medical assistance program must contract with at least one public option plan to provide in-network services to that plan’s enrollees. The bill also provides that the agency may adopt rules including levying fines and taking other actions necessary to enforce compliance when a hospital must contract with a public option plan.
Agency contact:
Melinda Froud, rule writer
360-725-1408
Preproposal (CR101) - WSR 21-16-106
Filed date: 08/04/2021
Peer Services
Affected WAC: Chapter 182-115
Pending formal proposal
Filed date: 07/29/2021
Description: The authority intends to adopt rules to define the process of becoming a behavioral health certified peer counselor.
Agency contact:
Valerie Freudenstein, rule writer
360-725-1344
Preproposal (CR101) - WSR 21-16-061
Filed date: 07/29/2021
Tribal designated crisis responder
Affected WAC: 182-125-0100
Accepting comments
Hearing date: 08/10/2021
Description: Chapter 256, Laws of 2020, among other things, amended RCW 71.05.020(13)’s definition of “designated crisis responder” to include a mental health professional appointed by the Health Care Authority in consultation with a federally recognized Indian tribe or after meeting and conferring with an Indian health care provider. The Health Care Authority is adopting a new rule to govern this appointment process.
Agency contact:
Brian Jensen, rule writer
360-725-0815
Preproposal (CR101) - WSR 20-15-124
Filed date: 07/10/2020
Proposal (CR102) - WSR 21-14-011
Hearing date: 08/10/2021
* Comments due by 08/27/2021
Family initiated treatment (FIT)
Affected WAC: New 182-130-0100
Formally proposed
Effective: 09/26/2021
Description: As required in RCW 71.34.670 for family-initiated treatment, the authority intends to adopt rules to define “appropriately trained professional person” operating within their scope of practice within Title 18 RCW for the purposes of conducting mental health and substance use disorder evaluations under RCW 71.34.600(3) and 71.34.650(1).
Agency contact:
Valerie Freudenstein, rule writer
360-725-1344
Preproposal (CR101) - WSR 21-11-003
Filed date: 05/12/2021
Proposal (CR102) - WSR 21-15-014
Hearing Date: 8/24/2021
*Comments due by 8/24/2021
Permanent Adoption (CR103P) - WSR 21-18-058
Effective: 09/26/2021
Recovery Residence Loans
Affected WAC: New rules under, Title 182 WAC
Formally proposed
Effective: 9/13/2021
Description: As authorized by 42 U.S.C. § 300x-25(a) and RCW 41.05.762, the agency intends to develop rules to establish a revolving fund for loans to operators of group homes supporting individuals recovering from substance abuse.
Agency contact:
Melinda Froud, rule writer
360-725-1408
Preproposal (CR101) - WSR 21-05-065
Filed date: 2/16/2021
Proposal (CR102) - WSR 21-13-143
Hearing date: 07/27/2021
*Comments due 07/27/2021
Permanent Adoption (CR103P) - WSR 21-17-089
Effective: 9/13/2021
Partnership Access Line and Psychiatric Consultation Line
Affected WAC: 182-110-0100, 182-110-0200, 182-110-0300, 182-110-0400, 182-110-0500
Formally proposed
Effective: 4/4/2021
Description: The agency intends to develop rules to implement the requirements of SHB 2728, which requires the Health Care Authority to: 1) Calculate the annual costs to operate and administer the partnership lines described in SHB 2728; 2) Calculate the proportion of clients covered by Medicaid program; and 3) Collect a proportional share of program costs from entities that are not for covered lives under contract with HCA as Medicaid managed care organizations.
Agency contact:
Melinda Froud, rule writer
360-725-1408
Preproposal (CR101) - WSR 20-22-026
Filed date: 10/26/2020
Proposal (CR102) - WSR 21-03-074
Hearing date: 2/23/2021
*Comments due by 2/23/2021
Permanent Adoption (CR103P) - WSR 21-07-013
Effective: 4/4/2021
Rights related to antipsychotic medication
Affected WAC: 182-400-0100
Pending formal proposal
Filed date: 4/21/2020
Description: The agency intends to develop rules regarding the right of involuntarily detained/committed individuals to refuse antipsychotic medication as required by RCW 71.05.215.
Agency contact:
Melinda Froud, rule writer
360-725-1408
Preproposal (CR101) - WSR 20-09-130
Filed date: 4/21/2020
Single Bed Certification
Affected WAC: 182-300-0100
Formally proposed
Effective: 12/26/2020
Description: This rulemaking is required to comply with the requirements in 2ESHB 1388 which changed the designation of the state Behavioral Health Services, effective July 1, 2018. The Single Bed Certification rules were previously filed under Preproposal Statement of Inquiry WSR-18-14-080 and Emergency Rulemaking Order 19-13-057, as WAC 182-538D-0526. The rulemaking under WSR 18-14-080 has progressed to a public hearing under WSR 19-20-125. Rulemaking for Single Bed Certification will be continued through a separate rulemaking progress as the agency has additional work to do to develop the program. Single Bed Certification has also been renumbered from WAC 182-538D-0526 to WAC 182-300-0100 (formerly 182-100-0200) to reflect that it is not solely a service under Medicaid.
Agency contact:
Jason Crabbe, rule writer
360-725-9563
Preproposal (CR101) - WSR 19-21-063
Filed: 10/11/19
Emergency Adoption (CR103E) - WSR 19-21-065
Effective: 10/11/19-2/6/2020
Emergency Adoption (CR103E) - WSR 20-05-021
Effective: 2/7/2020-6/4/2020
Emergency Adoption (CR103E) - WSR 20-13-011
Effective: 6/5/2020 - 10/1/2020
Proposal (CR102) - WSR 20-15-147
Hearing Date: 8/25/2020
*Comments due by 8/25/2020
Emergency Adoption (CR103E) - WSR 20-20-070
Effective: 10/2/2020-1/30/2021
Permanent Adoption (CR103P) - WSR 20-24-082
Effective: 12/26/2020