WSR 17-16-156

PREPROPOSAL STATEMENT OF INQUIRY

[Filed August 1, 2017, 3:54 p.m.]

Subject of Possible Rule Making: The department is proposing to repeal existing rules, amend existing rules, and create new rules in Title 388 WAC regarding mental health and substance use disorders in order to provide a single set of regulations for behavioral health agencies to follow. This may involve portions of chapters 388-865, 388-877, 388-877A, 388-877B, 388-877C WAC, and other related existing and new WAC chapters as may be required.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 207, Laws of 2017; RCW 43.20A.550, 71.05.560, 71.24.035 (5)(m), 71.24.037, 71.24.520(4), 74.04.050.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The 2017 legislature passed E2SHB 1819 (chapter 207, Laws of 2017) which charges DSHS with providing a single set of regulations for behavioral health agencies to follow that provide mental health, substance use disorder, and co-occurring treatment services by April 1, 2018. The division of behavioral health and recovery is performing a review of its rules, polices, and procedures related to the documentation requirements for behavioral health services in order to assess the comprehensive nature of this rule change.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of health, the health care authority, superior courts, and other government entities.

Process for Developing New Rule: DSHS welcomes the public to take part in developing the rules. Anyone interested should contact the staff person identified below. At a later date, DSHS will file a proposal with the office of the code reviser with a notice of proposed rule making. A copy of the proposal will be sent to everyone on the mailing list and to anyone who requests a copy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Stephanie Vaughn, Division of Behavioral Health and Recovery, 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.

August 1, 2017

Katherine I. Vasquez

Rules Coordinator