BILL REQ. #:  H-3625.1 

Prefiled 1/9/2004. Read first time 01/12/2004.   Referred to Committee on Health Care.

     AN ACT Relating to use of state hospital beds by regional support networks; amending RCW 71.24.300; adding a new section to chapter 71.24 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 71.24.300 and 2001 c 323 s 17 are each amended to read as follows:
     A county authority or a group of county authorities whose combined population is no less than forty thousand may enter into a joint operating agreement to form a regional support network. Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network. The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served. The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.
     (1) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
     (a) Administer and provide for the availability of all resource management services, residential services, and community support services.
     (b) Assume the powers and duties of county authorities within its area as described in RCW 71.24.045 (1) through (7).
     (c) Administer and provide for the availability of all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
     (d) Provide within the boundaries of each regional support network evaluation and treatment services for at least eighty-five percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks with populations of less than one hundred fifty thousand may contract to purchase evaluation and treatment services from other networks. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to contracts with neighboring or contiguous regions.
     (e) Administer a portion of funds appropriated by the legislature to house mentally ill persons in state institutions from counties within the boundaries of any regional support network, with the exception of persons currently confined at, or under the supervision of, a state mental hospital pursuant to chapter 10.77 RCW, and provide for the care of all persons needing evaluation and treatment services for periods up to seventeen days according to chapter 71.05 RCW in appropriate residential services, which may include state institutions. The regional support networks shall reimburse the state for use of state institutions at a rate equal to that assumed by the legislature when appropriating funds for such care at state institutions during the biennium when reimbursement occurs. The secretary shall submit a report to the appropriate committees of the senate and house of representatives on the efforts to implement this section by October 1, 2002. The duty of a state hospital to accept persons for evaluation and treatment under chapter 71.05 RCW is limited by the responsibilities assigned to regional support networks under this section. Regional support networks who are in excess of their individual allocated census at the state hospital shall be assessed liquidated damages. The amount of liquidated damages shall be the number of beds over the individual allocated census multiplied by three hundred percent of the state hospital daily bed charge established under RCW 43.20B.325.
     (f) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as defined in RCW 71.24.035, and mental health services to children as provided in this chapter ((designed to achieve the outcomes specified in section 5 of this act)).
     (g) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
     (2) Regional support networks shall assume all duties assigned to county authorities by this chapter and chapter 71.05 RCW.
     (3) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the mentally ill and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
     (4) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter. The composition of the board shall be broadly representative of the demographic character of the region and the mentally ill persons served therein. Length of terms of board members shall be determined by the regional support network.
     (5) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
     (6) Counties or groups of counties participating in a regional support network are not subject to RCW 71.24.045(6).
     (7) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (1) of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 71.24 RCW to read as follows:
     (1) Liquidated damages collected under RCW 71.24.300(1)(e) shall be collected by the department and shall be used in the following order:
     (a) To reimburse the state for use of state hospitals at a rate equal to that assumed by the legislature when appropriating funds for such care at state hospitals during the biennium when reimbursement occurs;
     (b) To reimburse regional support networks who have not exceeded and are unable to utilize their individual allocated census at the state hospital, for the costs associated with providing inpatient treatment in a community hospital; and, to the extent any funds remain,
     (c) To allow regional support networks who have exceeded their individual allocated census at the state hospital, to apply for funds to develop local inpatient or hospital diversion capacity to reduce their over reliance on the state hospital.
     (2) If the state hospital admits patients in excess of their funded capacity, first priority shall be given to regional support networks who are under their individual allocated census.

NEW SECTION.  Sec. 3   The department of social and health services shall adopt rules implementing the provisions of this act.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.