SENATE BILL REPORT

ESSB 5681

As Passed Senate, March 1, 2013

Title: An act relating to facilitating treatment for persons with co- occurring disorders by requiring development of an integrated rule.

Brief Description: Facilitating treatment for persons with co-occurring disorders by requiring development of an integrated rule.

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Rolfes and Keiser).

Brief History:

Committee Activity: Human Services & Corrections: 2/18/13, 2/20/13 [DPS].

Passed Senate: 3/01/13, 47-0.

Majority Report: That Substitute Senate Bill No. 5681 be substituted therefor, and the substitute bill do pass.

Signed by Senators Carrell, Chair; Pearson, Vice Chair; Darneille, Ranking Member; Hargrove, Harper and Padden.

Staff: Kevin Black (786-7747)

Background: The Department of Social and Health Services (DSHS) licenses and performs certification audits for service providers in the fields of mental health and chemical dependency. Minimum standards for the certification of agencies and facilities that provide these services are established in the Washington Administrative Code. The minimum standards that apply to providers in the chemical dependency and mental health fields differ in various ways.

In the past, agencies and facilities that provide simultaneous mental health and chemical dependency to clients with co-occurring chemical dependency and mental health disorders sometimes faced the burden of having to comply simultaneously with multiple regulatory schemes. Some providers of treatment to persons with co-occurring disorders in Washington received waivers from DSHS that allow the provider to comply with only one set of regulations with respect to these clients as long as certain other standards are met.

Following a stakeholder process, DSHS proposed a new set of regulations in late 2012 that are currently undergoing public comment and review. These proposed regulations would consolidate and standardize many of the rules applicable to mental health and chemical dependency providers, but do not go as far as providing a single, consistent body of rules applicable to providers of simultaneous mental health and chemical dependency treatment to clients with co-occurring chemical dependency and mental health disorders.

Summary of Engrossed Substitute Bill: Any licensed mental health agency that has a waiver from DSHS exempting the agency from chemical dependency rules for services provided to patients with co-occurring mental health and chemical dependency disorders as of January 1, 2013, may request and must receive a three-year renewal of the waiver if a fully integrated rule is not in effect by May 1, 2014.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This is a good solution that will save time and money and clear out red tape for providers who are providing innovative services in Washington. This bill solidifies a regulatory waiver that helps deliver efficient, appropriate services to persons with co-occurring disorders. Our treatment model represents a best practice that should be replicated on a national level. Increased staff efficiencies mean better treatment plans, more client-directed services, and less time spent on paperwork. Failure to pass this bill would put all the progressive innovation achieved over years at risk.

OTHER: We support solidifying the waiver for providers of treatment to persons with co-occurring disorders, but believe that it is premature to mandate fully integrated rules. We are still working to perfect the simplification of administrative rules. The proposed rule is controversial.

Persons Testifying: PRO: Senator Rolfes, prime sponsor; Joe Roszak, Kitsap Mental Health Services.

OTHER: Melissa Johnson, Assn. of Alcoholism & Addictions Programs.