Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-17-142.

     Title of Rule and Other Identifying Information: The department is creating new sections in chapter 388-865 WAC, WAC 388-865-0700 Clubhouse certification, 388-865-0705 Definitions, 388-865-0710 Required clubhouse components, 388-865-0715 Management and operational requirements, 388-865-0720 Certification process, and 388-865-0725 Employment-related services -- Requirements.

     Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6094), on June 10, 2008, at 10:00 a.m.

     Date of Intended Adoption: Not earlier than June 11, 2008.

     Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail schilse@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on June 10, 2008.

     Assistance for Persons with Disabilities: Contact [Jennisha] Johnson, DSHS rules consultant, by June 3, 2008, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at johnsjl4@dshs.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2007 legislature passed a provision (EHB 1217, chapter 414, Laws of 2007) requiring the department to certify "clubhouses" that meet minimum standards. Clubhouses are community-based programs that provide rehabilitative mental health services.

     Reasons Supporting Proposal: Certification will provide assurance to people that clubhouses meet minimum standards for operating and providing services.

     Statutory Authority for Adoption: RCW 71.24.025 and 71.24.035.

     Statute Being Implemented: Chapter 414, Laws of 2007 (EHB 1217).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of social and health services, governmental.

     Name of Agency Personnel Responsible for Drafting: Kevin Sullivan, P.O. Box 45504, Olympia, WA 98504-5504, (360) 902-0836; Implementation: Tony Sparber, P.O. Box 45320, Olympia, WA 98504-5320, (360) 902-0885; and Enforcement: Pete Marburger, P.O. Box 45320, Olympia, WA 98504-5320, (360) 902-0837.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has analyzed the proposed rules and concludes that they do not impose more than minor costs for affected small businesses.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Frank Jose, P.O. Box 45320, Olympia, WA 98504-5320, phone (360) 902-0873, fax (360) 902-7691, e-mail josef@dshs.wa.gov.

May 1, 2008

Stephanie E. Schiller

Rules Coordinator

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     "Certification" - Official acknowledgement from the mental health division that an organization meets all state standards to operate as a clubhouse, and demonstrates that those standards have been implemented.

     "Clubhouse" - A community-based, recovery-focused program designed to support individuals living with the effects of mental illness, through employment, shared contributions, and relationship building. A clubhouse operates under the fundamental principle that everyone has the potential to make productive contributions by focusing on the strengths, talents, and abilities of all members and fostering a sense of community and partnership.

     "Recovery" - The process in which people are able to live, work, learn, and participate fully in their communities (RCW 71.24.025).

     "Supported employment" - A full or part-time competitive job developed in partnership with the member, the clubhouse, and the employer.

     "Transitional employment" - A time-limited, part-time community job managed by the clubhouse with absentee coverage provided. Absentee coverage means the clubhouse provides a temporary replacement for the clubhouse member who is currently employed in a transitional employment position.

     "Work-ordered day" - A model used to organize clubhouse activities during the clubhouse's normal working hours. Members and staff are organized into one or more work units which provide meaningful and engaging work essential to running the clubhouse. Activities include unit meetings, planning, and organizing the work of the day. Members and staff work side-by-side as colleagues. Members participate as they feel ready and according to their individual interests. While intended to provide members with working experience, work in the clubhouse is not intended to be job-specific training, and members are neither paid for clubhouse work nor provided artificial rewards. Work-ordered day does not include medication clinics, day treatment, or other therapy programs.

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     (1) Voluntary member participation. Clubhouse members choose the way they use the clubhouse and the staff with whom they work. There are no agreements, contracts, schedules, or rules intended to enforce participation of members. All member participation is voluntary. Clubhouse policy and procedures must describe how members will have the opportunity to participate, based on their preferences, in the clubhouse.

     (2) The work-ordered day.

     (3) Activities, including:

     (a) Personal advocacy;

     (b) Help with securing entitlements;

     (c) Information on safe, appropriate, and affordable housing;

     (d) Information related to accessing medical, psychological, pharmacological and substance abuse services in the community;

     (e) Outreach to members during periods of absence from the clubhouse and maintaining contact during periods of inpatient treatment;

     (f) In-house educational programs that use the teaching and tutoring skills of members;

     (g) Connecting members with adult education opportunities in the community;

     (h) An active employment program that assists members to gain and maintain employment, including transitional and supported employment services; and

     (i) An array of social and recreational opportunities.

     (4) Operating at least thirty hours per week on a schedule that accommodates the needs of the members.

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     (1) Members, staff, and ultimately the clubhouse director, are responsible for the operation of the clubhouse. The director must ensure opportunities for members and staff to be included in all aspects of clubhouse operation, including setting the direction of the clubhouse.

     (2) Location in an area, when possible, where there is access to local transportation and, when access to public transportation is limited, facilitate alternatives.

     (3) A distinct identity, including its own name, mailing address, and phone number.

     (4) A separate entrance and appropriate signage that make the clubhouse clearly distinct, when co-located with another community agency.

     (5) An independent board of directors capable of fulfilling the responsibilities of a not-for-profit board of directors, when free-standing.

     (6) An administrative structure with sufficient authority to protect the autonomy and integrity of the clubhouse, when under the auspice of another agency.

     (7) Services are timely, appropriate, accessible, and sensitive to all members.

     (8) Members are not discriminated against on the basis of any status or individual characteristic that is protected by federal, state, or local law.

     (9) Written proof of a current fire/safety inspection:

     (a) Conducted of all premises owned, leased or rented by the clubhouse; and

     (b) Performed by all required external authorities (e.g., State Fire Marshall, liability insurance carrier).

     (10) All applicable state, county, and city business licenses.

     (11) All required and current general liability, board and officers liability, and vehicle insurance.

     (12) An identifiable clubhouse budget that includes:

     (a) Tracking all income and expenditures for the clubhouse by revenue source;

     (b) Quarterly reconciliation of accounts; and

     (c) Compliance with all generally accepted accounting principles.

     (13) Track member participation and daily attendance.

     (14) Assist member in developing, documenting, and maintaining the member's recovery goals and providing monthly documentation of progress toward reaching them.

     (a) Both member and staff must sign all such plans and documentation; or

     (b) If a member does not sign, staff must document the reason.

     (15) A mechanism to identify and implement needed changes to the clubhouse operations, performance, and administration, and to document the involvement of members in all aspects of the operation of the clubhouse.

     (16) Evaluate staff performance by:

     (a) Ensuring that paid employees:

     (i) Are qualified for the position they hold, including any licenses or certifications; and

     (ii) Have the education, experience and/or skills to perform the job requirements.

     (b) Maintaining documentation that paid clubhouse staff:

     (i) Have a completed Washington state patrol background check on file; and

     (ii) Receive regular supervision and an annual performance evaluation.

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     (1) To be certified to provide clubhouse services, an organization must comply with the following:

     (a) Meet all requirements for applicable city, county and state licenses and inspections.

     (b) Complete and submit an application for certification to MHD.

     (c) Successfully complete an on-site certification review by MHD to determine compliance with the minimum clubhouse standards, as set forth in this chapter.

     (d) Initial applicants that can show that they have all organizational structures and written policies in place, but lack the performance history to demonstrate that they meet minimum standards, may be granted initial certification for up to one year. Successful completion of an on-site certification review is required prior to the expiration of initial certification.

     (2) Upon certification, clubhouses will undergo periodic on-site certification reviews.

     (a) The frequency of certification reviews is determined by the on-site review score as follows:

     (i) A compliance score of ninety percent or above results in the next certification review occurring in three years;

     (ii) A compliance score of eighty percent to eighty-nine percent results in the next certification review occurring in two years;

     (iii) A compliance score of seventy percent to seventy-nine percent results in the next certification review occurring in one year; or

     (iv) A compliance score below seventy percent results in a probationary certification.

     (b) Any facet of an on-site review resulting in a compliance score below ninety percent requires a corrective action plan approved by MHD.

     (3) Probationary certification may be issued by MHD if:

     (a) A clubhouse fails to conform to applicable law, rules, regulations, or state minimum standards; or

     (b) There is imminent risk to consumer health and safety;

     (4) MHD may suspend or revoke a clubhouse's certification, or refuse to grant or renew a clubhouse's certification if a clubhouse fails to correct deficiencies as mutually agreed to in the corrective action plan with MHD.

     (5) A clubhouse may appeal a certification decision by MHD.

     (a) To appeal a decision, the clubhouse must submit a written application asking for an administrative hearing. An application must be submitted through a method that shows written proof of receipt to: Office of Administrative Hearings, P.O. Box 42489, Olympia, WA 98504-2489. An application must be received within twenty-eight calendar days of the date of the contested decision, and must include:

     (i) The issue to be reviewed and the date the decision was made;

     (ii) A specific statement of the issue and regulation involved;

     (iii) The grounds for contesting the decision;

     (iv) A copy of MHD's decision that is being contested; and

     (v) The name, signature, and address of the clubhouse director.

     (b) The hearing decision will be made according to the provisions of chapter 34.05 RCW and chapter 388-02 WAC.

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     Reviser's note: The section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to WAC 388-0865-0720 is probably intended to be WAC 388-865-0720.
NEW SECTION
WAC 388-865-0725   Employment-related services -- Requirements.   The following employment support activities must be offered to clubhouse members:

     (1) Collaboration on creating, revising, and meeting individualized job and career goals.

     (2) Information about how employment will affect income and benefits.

     (3) Information on other rehabilitation and employment services, including but not limited to:

     (a) The division of vocational rehabilitation;

     (b) The state employment services;

     (c) The business community;

     (d) Job placement services within the community; and

     (e) Community mental health agency-sponsored supported employment services.

     (4) Assistance in locating employment opportunities which are consistent with the member's skills, goals, and interests.

     (5) Assistance in developing a resume, conducting a job search, and interviewing.

     (6) Assistance in:

     (a) Applying for school and financial aid; and

     (b) Tutoring and completing course work.

     (7) Information regarding protections against employment discrimination provided by federal, state, and local laws and regulations, and assistance with asserting these rights, including securing professional advocacy.

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© Washington State Code Reviser's Office