H-3836

AN ACT Relating to managed public mental health care; adding new sections to chapter 71.24 RCW; creating new sections; making an appropriation; providing expiration dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 71.24 RCW to read as follows:

The legislature finds that it is important to ensure that the design and implementation of managed care in the public mental health care system preserves and strengthens the community-based delivery of mental health services through the regional support networks created under this chapter. The legislature further finds that public involvement in the implementation of managed public mental health care is essential for preserving the public interest that includes cost-effectiveness, safety, security, access, equity, participation, and accountability. The legislature further finds that successful managed care efforts for public mental health services require collaboration and coordination between the state mental health authority, the public, regional support networks, and service providers. The legislature intends to: (1) Create a managed public mental health care system that meets national standards for effective managed mental health care including best business practices for efficiency; (2) establish performance and outcome standards; (3) clearly provide for consumer protection, consumer rights and involvement, and community health and security; (4) meet the needs of vulnerable populations, including the requirement to promote early identification of, and services to, mentally ill children, and ensure system accountability as required by this chapter; and (5) reinvest public mental health funds for improved outcomes for consumers and communities.

NEW SECTION. Sec. 2. A new section is added to chapter 71.24 RCW to read as follows:

Managed public mental health care provided in Washington shall comply with the following:

(1) Development and implementation of managed public mental health care shall include collaboration among consumers, providers, and payers;

(2) Provision of services and support shall be directed by the consumers' needs and desires, whenever possible;

(3) Public mental health care services shall be adequate to meet the demonstrated and estimated needs of the covered population;

(4) The department shall specify reasonable operating margins for organizations serving public mental health care consumers;

(5) The department shall adopt a consumer bill of rights addressing consumer rights and responsibilities, and rules governing grievance and appeals procedures;

(6) Emphasize community-based care in lieu of institutional care;

(7) Consistent, reliable, and valid outcome measures shall be used for managed public mental health care;

(8) Entities responsible for the capitated risk in managed public mental health care shall have the authority and flexibility to manage the resources and the system of care relating to recovery and wellness; and

(9) Public agencies shall clarify and distinguish their roles in the service delivery system in order to avoid duplication and cost shifting.

NEW SECTION. Sec. 3. (1) A task force to the legislature on managed public mental health care is created. The task force shall consist of six members representing service providers, regional support networks, managed care agencies, and the public; two members of the senate, one representing each of the two largest caucuses in the senate and two members of the house of representatives, one representing each of the two largest caucuses in the house of representatives; one member representing the governor; and one member representing the department of social and health services. The governor shall appoint the eight members representing service providers, regional support networks, managed care agencies, the public, and the two executive branch members. The president of the senate and speaker of the house of representatives shall appoint the legislative members. The appointed members shall select a chair of the task force.

(2) This section expires June 30, 1999.

NEW SECTION. Sec. 4. (1) The task force shall make recommendations relating to the design and implementation of managed public mental health care services. In developing recommendations the task force shall:

(a) Review the experiences of other states in designing and implementing managed public mental health care;

(b) Review available research into medical cost offsets achieved as the result of effective mental health care;

(d) Address the unique challenges of implementing managed public mental health care in rural communities.

(2) The task force shall present its findings and recommendations to the legislature and the governor no later than December 1, 1998.

(3) This section expires June 30, 1999.

NEW SECTION. Sec. 5. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the house of representatives for the fiscal year ending June 30, 1999, to carry out the purposes of this act.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.