SENATE BILL REPORT

SB 6181

BYSenators Bailey, Lee, Metcalf, Nelson, Vognild, Anderson, McMullen and Bender

Transferring mental health treatment, services, and institutions to the department of health.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):January 16, 1990

Senate Staff:Don Sloma (786-7414)

AS OF JANUARY 15, 1990

BACKGROUND:

Legislative intent for the state's mental health program as stated in Chapter 71.24 RCW is to "... encourage the development of county-based services..." and to "encourage counties to enter into joint operating agreements with other counties to ... consolidate administration, reduce administrative layering, and reduce administrative costs."  The Department of Social and Health Services (DSHS) is directed to recognize groups of counties as regional support networks (RSNs) by December 1, 1989.  The department may not determine the roles and responsibilities of RSNs except to assure that all statutorily required duties are assigned and that a single authority has final responsibility for all funds and contract obligations.  Using available funds, DSHS must begin contracting with RSNs by January 1, 1990.

Nine groups of counties, representing some 85 percent of the state's population, submitted their plans and intentions to be recognized as RSNs in the fall of 1989.  However, the 1989-91 biennial budget limits new funds for RSNs to only 66 percent of the state's population.  As a result, DSHS, with assistance from a panel of nationally known experts in mental health, assessed the plans as to (1) their impact on the lives of the mentally ill, (2) the degree to which they would accomplish the stated objectives of the state mental health program, (3) the degree to which they would make services available to underserved groups, and (4) the degree to which they were realistic.  DSHS approved seven RSN plans and disapproved two.  In at least one case, the counties whose plan was rejected question the authority and methods DSHS used to deny the request for recognition.  These individuals contend that DSHS violated legislative intent by denying recognition to these RSNs.

SUMMARY:

The Legislature finds that DSHS has not effectively implemented legislative intent in the mental health program regarding the development of county-based and county managed systems of care, encouragement of counties to form joint operating agreements to operate regional systems of mental health care and reductions in administrative layering and costs.  The Legislature finds that local initiatives have been thwarted by DSHS and that the department has erroneously interpreted "least restrictive care appropriate to clients needs" to prohibit the development of inpatient care needed by some communities.

The Legislature finds that the Department of Health has been created to support local efforts to develop programs to respond to local needs, and that the legislative intent regarding community control for mental health services would be more effectively implemented by transferring mental health responsibilities to the Department of Health.

All powers, duties and functions of the Department of Social and Health Services pertaining to mental illness treatment under the Involuntary Treatment Act (Chapter 71.24 RCW), the Community Mental Health Act (Chapter 71.05 RCW), and facilities, including the state mental hospitals, are transferred to the Department of Health.

Appropriations for mental health are transferred as are employees, rules, contracts, equipment and materials.  Should questions arise as to the proper distribution of funds, employees, equipment or other items, the Office of Financial Management must determine the proper allocation.  Collective bargaining agreements would be not be altered by the act.

References to the Department and Secretary of Social and Health services are replaced by references to the Department and Secretary of Health as appropriate in Chapters 71.05, 71.24, and 72.23 RCW to transfer administration of these chapters to the Department of Health.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested