WSR 16-07-152

PROPOSED RULES

[Filed March 23, 2016, 10:25 a.m.]

Supplemental Notice to WSR 16-01-026.

Preproposal statement of inquiry was filed as WSR 15-18-035.

Title of Rule and Other Identifying Information: The department is repealing, adopting, and amending sections in chapters 388-865, 388-875, 388-877, 388-877A, 388-877B, and 388-877C WAC that pertain to regional support networks (RSN) being renamed behavioral health organizations (BHO).

Hearing Location(s): Office Building 2, 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), on May 24, 2016, at 10:00 a.m.

Date of Intended Adoption: Not earlier than May 25, 2016.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., May 24, 2016.

Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, by May 10, 2016, phone (360) 664-6092, TTY (360) 664-6178, or e-mail KildaJA@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department determined while in the permanent rule adoption process, that the rules would be significant rules requiring a small business economic impact statement (SBEIS) and cost-benefit analysis (CBA). Because of that, the department is filing this supplemental CR-102 and completed the CBA and SBEIS. The permanent rule filed as part of this supplemental process will replace the emergency rule filed to be effective April 1, 2016. These rules support the requirements in 2SSB 6312, chapter 225, Laws of 2014, which requires the renaming of RSN to BHO effective April 1, 2016. The anticipated effect is to ensure BHOs provide or contract with behavioral health agencies to provide both substance use disorder treatment services and mental health services to individuals who need these services. An RSN currently provides only mental health services. Changes include updating definitions of "mental health professional" and "peer counselor," moving grievance system rules from chapter 388-877A WAC to chapter 388-877 WAC, and changing a grievance system rule concerning when a "notice of action" should be sent. Finally, processes and editing changes are made to provide clarification and consistency within the rules.

Reasons Supporting Proposal: The rule supports implementation of 2SSB 6312, chapter 225, Laws of 2014. The updated rule will provide more consistent statewide administration, continuity, delivery, and monitoring of behavioral health services which impact consumers, their families, advocates, and contracted providers.

Statutory Authority for Adoption: RCW 70.02.290, 70.96A.040(4), 71.05.560, 71.24.035 (5)(c), 71.34.380.

Statute Being Implemented: 2SSB 6312, chapter 225, Laws of 2014.

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

Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1342; Implementation and Enforcement: Tony O'Leary, P.O. Box 45330, Olympia, WA 98504-5330, (360) 725-1039.

See Reviser's note below.

A copy of the statement may be obtained by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 586-0341, e-mail kathy.sayre@dshs.wa.gov.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Kathy Sayre, P.O. Box 45330, Olympia, WA 98504-5330, phone (360) 725-1342, fax (360) 586-0341, e-mail kathy.sayre@dshs.wa.gov.

March 18, 2016

Katherine I. Vasquez

Rules Coordinator