HB 1394: Concerning community facilities needed to ensure a continuum of care for behavioral health patients

This act establishes that there is a need for additional bed capacity and services for individuals with behavioral health needs and intends to address this issue by creating new facility types and expanding the capacity of current provider types in the community.

HB 1394 also establishes definitions for:

·         Intensive behavioral health treatment facilities; and

·         Mental health drop-in center

Moreover, and related specifically to behavioral health needs of youth, HB 1394 amends RCW 70.38.260 by adding a section that declares that the Secretary of Health, in discussion with the Department of Social and Health Services, Department of Children, Youth, and Families, and the Health Care Authority shall provide recommendations to the governor’s office by December 1^st, 2019, on youth short-term residential intensive behavioral health and developmental disabilities services.

Furthermore, these recommendations must institute staffing requirements that provide an appropriate level of treatment and include both licensed mental health professionals and developmental disability professionals.

*Companion to SB 5431

Amendments:

Updated on 4.11.19:

1^st substitute:

Specified that:

• Mental health drop-in centers are 24 hour facilities and that the seven-day limitation on services is seven days in a month;
• Changed a reference to “long-term mental health placements” to the defined term “long-term inpatient care;”
• Added evaluation and treatment facilities to the review of laws and regulations to be conducted by the Department of Health and the hospitals;
• Directed the Secretary of Health to adopt rules related to the rights of residents in intensive behavioral health treatment facilities;
• The Department of Health, in consultation with the Department of Social and Health Services, the Department of Commerce, the Long-Term Care Ombuds, and relevant stakeholders, must make recommendations on providing resident rights and access to ombuds services for the residents of intensive behavioral health treatment facilities;
• The Department of Health must submit the report to the Governor and the appropriate committees of the Legislature by December 1, 2019.

2^nd substitute:

The Appropriations Committee recommended:

• Removing provisions which created mental health drop-in centers and required the Department of Health to create standards, adopt rules, and license and certify facilities that meet the standards.
• The Health Care Authority is directed to conduct a pilot program for mental health drop-in center services in the largest city in a regional service area with at least nine counties. Funds to support the pilot program shall be distributed through the behavioral health administrative service organization that serves the pilot program.
• The pilot program is to take effect between January 1, 2020 and July 1, 2022.
• The Authority is required to submit a preliminary report to the Governor and the appropriate committees of the Legislature by December 1, 2020, that includes a survey of peer mental health programs.
• The Authority is required to submit a final report on the results of the pilot program by December 1, 2021.

Senate (updated 4.12.19):

• Removes the exemption of certificate of needs requirements to the addition of 60 psychiatric beds at a mental health agency in King County;
• Clarifies that a mental health peer respite center must be provided by certified community behavioral health agencies;
• Increases licensure and certification requirements for IBHTFs;
• Establishes requirements for mental health peer respite centers;
• Expands the exemption of certificate of need requirements to allow the addition of 60 psychiatric beds at a mental health agency in King County; and

Requires DOH to consult with children’s inpatient psychiatric providers in developing recommendations for youth short-term residential intensive behavioral health and developmental disability services.