Passed by the Senate March 7, 2023
  Yeas 48  Nays 0

President of the Senate
Passed by the House April 7, 2023
  Yeas 97  Nays 0

Speaker of the House of Representatives
I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5228 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary of State
State of Washington


Passed Legislature - 2023 Regular Session
State of Washington
68th Legislature
2023 Regular Session
BySenators Dhingra, Hunt, Keiser, Lovelett, Lovick, Nguyen, Valdez, and C. Wilson
Read first time 01/10/23.Referred to Committee on Health & Long Term Care.
AN ACT Relating to providing occupational therapy services for persons with behavioral health disorders; amending RCW 71.24.385; and creating a new section.
Sec. 1. RCW 71.24.385 and 2022 c 94 s 1 are each amended to read as follows:
(1) Within funds appropriated by the legislature for this purpose, behavioral health administrative services organizations and managed care organizations, as applicable, shall develop the means to serve the needs of people:
(a) With mental disorders residing within the boundaries of their regional service area. Elements of the program may include:
(i) Crisis diversion services;
(ii) Evaluation and treatment and community hospital beds;
(iii) Residential treatment;
(iv) Programs for intensive community treatment;
(v) Outpatient services, including family support;
(vi) Peer support services;
(vii) Community support services;
(viii) Resource management services;
(ix) Occupational therapy;
(x) Partial hospitalization and intensive outpatient programs for persons under 21 years of age; and
(((x)))(xi) Supported housing and supported employment services.
(b) With substance use disorders and their families, people incapacitated by alcohol or other psychoactive chemicals, and intoxicated people.
(i) Elements of the program shall include, but not necessarily be limited to, a continuum of substance use disorder treatment services that includes:
(A) Withdrawal management;
(B) Residential treatment; and
(C) Outpatient treatment.
(ii) The program may include peer support, supported housing, supported employment, crisis diversion, recovery support services, occupational therapy, or technology-based recovery supports.
(iii) The authority may contract for the use of an approved substance use disorder treatment program or other individual or organization if the director considers this to be an effective and economical course to follow.
(2)(a) The managed care organization and the behavioral health administrative services organization shall have the flexibility, within the funds appropriated by the legislature for this purpose and the terms of their contract, to design the mix of services that will be most effective within their service area of meeting the needs of people with behavioral health disorders and avoiding placement of such individuals at the state mental hospital. Managed care organizations and behavioral health administrative services organizations are encouraged to maximize the use of evidence-based practices and alternative resources with the goal of substantially reducing and potentially eliminating the use of institutions for mental diseases.
(b) Managed care organizations and behavioral health administrative services organizations may allow reimbursement to providers for services delivered through a partial hospitalization or intensive outpatient program. Such payment and services are distinct from the state's delivery of wraparound with intensive services under the T.R. v. Strange and Birch settlement agreement.
(3)(a) Treatment provided under this chapter must be purchased primarily through managed care contracts.
(b) Consistent with RCW 71.24.580, services and funding provided through the criminal justice treatment account are intended to be exempted from managed care contracting.
NEW SECTION.  Sec. 2. By June 30, 2024, the Washington state health care authority shall expand coverage in the state medicaid program to ensure that licensed or certified behavioral health agencies are reimbursed by managed care organizations for the medically necessary occupational therapy needs of their clients.
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