Revised Code of Washington
Chapter 71.24 - Community Behavioral Health Services Act.
71.24.585 - Opioid and substance use disorder treatment—State response.

RCW 71.24.585
Opioid and substance use disorder treatment—State response.

(1)(a) The state of Washington declares that substance use disorders are medical conditions. Substance use disorders should be treated in a manner similar to other medical conditions by using interventions that are supported by evidence, including medications approved by the federal food and drug administration for the treatment of opioid use disorder. It is also recognized that many individuals have multiple substance use disorders, as well as histories of trauma, developmental disabilities, or mental health conditions. As such, all individuals experiencing opioid use disorder should be offered evidence-supported treatments to include federal food and drug administration approved medications for the treatment of opioid use disorders and behavioral counseling and social supports to address them. For behavioral health agencies, an effective plan of treatment for most persons with opioid use disorder integrates access to medications and psychosocial counseling and should be consistent with the American society of addiction medicine patient placement criteria. Providers must inform patients with opioid use disorder or substance use disorder of options to access federal food and drug administration approved medications for the treatment of opioid use disorder or substance use disorder. Because some such medications are controlled substances in chapter 69.50 RCW, the state of Washington maintains the legal obligation and right to regulate the uses of these medications in the treatment of opioid use disorder.
(b) The authority must work with other state agencies and stakeholders to develop value-based payment strategies to better support the ongoing care of persons with opioid and other substance use disorders.
(c) The department of corrections shall develop policies to prioritize services based on available grant funding and funds appropriated specifically for opioid use disorder treatment.
(2) The authority must promote the use of medication therapies and other evidence-based strategies to address the opioid epidemic in Washington state. Additionally, by January 1, 2020, the authority must prioritize state resources for the provision of treatment and recovery support services to inpatient and outpatient treatment settings that allow patients to start or maintain their use of medications for opioid use disorder while engaging in services.
(3) The state declares that the main goals of treatment for persons with opioid use disorder are the cessation of unprescribed opioid use, reduced morbidity, and restoration of the ability to lead a productive and fulfilling life.
(4) To achieve the goals in subsection (3) of this section, to promote public health and safety, and to promote the efficient and economic use of funding for the medicaid program under Title XIX of the social security act, the authority may seek, receive, and expend alternative sources of funding to support all aspects of the state's response to the opioid crisis.
(5) The authority must partner with the department of social and health services, the department of corrections, the department of health, the department of children, youth, and families, and any other agencies or entities the authority deems appropriate to develop a statewide approach to leveraging medicaid funding to treat opioid use disorder and provide emergency overdose treatment. Such alternative sources of funding may include:
(a) Seeking a section 1115 demonstration waiver from the federal centers for medicare and medicaid services to fund opioid treatment medications for persons eligible for medicaid at or during the time of incarceration and juvenile detention facilities; and
(b) Soliciting and receiving private funds, grants, and donations from any willing person or entity.
(6)(a) The authority shall work with the department of health to promote coordination between medication-assisted treatment prescribers, federally accredited opioid treatment programs, substance use disorder treatment facilities, and state-certified substance use disorder treatment agencies to:
(i) Increase patient choice in receiving medication and counseling;
(ii) Strengthen relationships between opioid use disorder providers;
(iii) Acknowledge and address the challenges presented for individuals needing treatment for multiple substance use disorders simultaneously; and
(iv) Study and review effective methods to identify and reach out to individuals with opioid use disorder who are at high risk of overdose and not involved in traditional systems of care, such as homeless individuals using syringe service programs, and connect such individuals to appropriate treatment.
(b) The authority must work with stakeholders to develop a set of recommendations to the governor and the legislature that:
(i) Propose, in addition to those required by federal law, a standard set of services needed to support the complex treatment needs of persons with opioid use disorder treated in opioid treatment programs;
(ii) Outline the components of and strategies needed to develop opioid treatment program centers of excellence that provide fully integrated care for persons with opioid use disorder;
(iii) Estimate the costs needed to support these models and recommendations for funding strategies that must be included in the report;
(iv) Outline strategies to increase the number of waivered health care providers approved for prescribing buprenorphine by the substance abuse and mental health services administration; and
(v) Outline strategies to lower the cost of federal food and drug administration approved products for the treatment of opioid use disorder.
(7) State agencies shall review and promote positive outcomes associated with the accountable communities of health funded opioid projects and local law enforcement and human services opioid collaborations as set forth in the Washington state interagency opioid working plan.
(8) The authority must partner with the department and other state agencies to replicate effective approaches for linking individuals who have had a nonfatal overdose with treatment opportunities, with a goal to connect certified peer counselors with individuals who have had a nonfatal overdose.
(9) State agencies must work together to increase outreach and education about opioid overdoses to non-English-speaking communities by developing a plan to conduct outreach and education to non-English-speaking communities. The department must submit a report on the outreach and education plan with recommendations for implementation to the appropriate legislative committees by July 1, 2020.

[ 2019 c 314 § 28; 2017 c 297 § 12; 2016 sp.s. c 29 § 519; 2001 c 242 § 1; 1995 c 321 § 1; 1989 c 270 § 20. Formerly RCW 70.96A.400.]
NOTES:

Declaration—2019 c 314: See note following RCW 18.22.810.


Findings—Intent—2017 c 297: See note following RCW 18.22.800.


Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.


Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.24 - Community Behavioral Health Services Act.

71.24.011 - Short title.

71.24.015 - Legislative intent—Community behavioral health system.

71.24.016 - Intent—Management of services—Work group on long-term involuntary inpatient care integration.

71.24.025 - Definitions.

71.24.030 - Grants, purchasing of services, for community behavioral health programs.

71.24.035 - Director's powers and duties as state behavioral health authority.

71.24.037 - Licensed or certified behavioral health agencies and providers—Minimum standards—Investigations and enforcement actions—Inspections.

71.24.045 - Behavioral health administrative services organization powers and duties.

71.24.061 - Children's mental health provider networks—Children's mental health evidence-based practice institute—Partnership access line pilot programs—Report to legislature.

71.24.062 - Psychiatry consultation line—Implementation.

71.24.063 - Partnership access lines—Psychiatric consultation lines—Data collection.

71.24.064 - Partnership access lines—Psychiatric consultation lines—Funding—Performance measures.

71.24.066 - Partnership access line pilot programs—Determination to be made permanent—Long-term funding.

71.24.067 - Partnership access lines—Psychiatric consultation lines—Review.

71.24.068 - Telebehavioral health access account.

71.24.100 - County-run behavioral health administrative services organizations—Joint operating agreements—Requirements.

71.24.115 - Recovery navigator programs—Reports.

71.24.125 - Grant program—Treatment services—Regional access standards.

71.24.135 - Expanded recovery support services program—Regional expanded recovery plans.

71.24.145 - Homeless outreach stabilization transition program—Psychiatric outreach—Contingency management resources—Substance misuse prevention effort—Grants.

71.24.155 - Grants to behavioral health administrative services, managed care organizations, and Indian health care providers—Accounting.

71.24.160 - Proof as to uses made of state funds—Use of maintenance of effort funds.

71.24.200 - Expenditures of county funds subject to county fiscal laws.

71.24.215 - Sliding-scale fee schedules for clients receiving behavioral health services.

71.24.220 - State grants may be withheld for noncompliance with chapter or related rules.

71.24.240 - Eligibility for funding—Community behavioral health program plans to be approved by director prior to submittal to federal agency.

71.24.250 - Behavioral health administrative services organizations—Receipt of gifts and grants.

71.24.260 - Waiver of postgraduate educational requirements—Mental health professionals.

71.24.300 - Behavioral health administrative services organizations—Advisory boards—Inclusion of tribes—Roles and responsibilities.

71.24.335 - Reimbursement for behavioral health services provided through telemedicine or store and forward technology—Coverage requirements—Audio-only telemedicine.

71.24.350 - Behavioral health ombuds office.

71.24.370 - Behavioral health services contracts—Limitation on state liability.

71.24.380 - Purchase of behavioral health services—Managed care contracting—Requirements.

71.24.381 - Contracting for crisis services and medically necessary physical and behavioral health services.

71.24.383 - Managed care organization contracting—Requirements.

71.24.385 - Behavioral health administrative services and managed care organizations—Mental health and substance use disorder treatment programs—Development and design requirements.

71.24.400 - Streamlining delivery system—Finding.

71.24.405 - Streamlining delivery system.

71.24.415 - Streamlining delivery system—Authority duties to achieve outcomes.

71.24.420 - Expenditure of funds for operation of service delivery system—Appropriation levels—Outcome and performance measures—Report.

71.24.430 - Coordination of services for behavioral health clients—Collaborative service delivery.

71.24.435 - Behavioral health system—Improvement strategy.

71.24.450 - Offenders with mental illnesses—Findings and intent.

71.24.455 - Offenders with mental illnesses—Contracts for specialized access and services.

71.24.460 - Offenders with mental illnesses—Report to legislature.

71.24.470 - Reentry community services program—Contract for case management—Use of appropriated funds.

71.24.480 - Reentry community services program—Limitation on liability due to treatment—Reporting requirements.

71.24.490 - Evaluation and treatment services—Capacity needs—Behavioral health administrative services and managed care organizations.

71.24.500 - Written guidance and trainings—Managed care—Incarcerated and involuntarily hospitalized persons.

71.24.510 - Integrated comprehensive screening and assessment process—Implementation.

71.24.520 - Substance use disorder program authority.

71.24.525 - Agreements authorized under the interlocal cooperation act.

71.24.530 - Local funding and donative funding requirements—Facilities, plans, programs.

71.24.535 - Duties of authority.

71.24.540 - Drug courts.

71.24.545 - Comprehensive program for treatment—Regional facilities.

71.24.546 - Substance use recovery services plan—Substance use recovery services advisory committee—Rules—Report.

71.24.550 - City, town, or county without facility—Contribution of liquor taxes prerequisite to use of another's facility.

71.24.555 - Liquor taxes and profits—City and county eligibility conditioned.

71.24.560 - Opioid treatment programs—Pregnant individuals—Information and education.

71.24.565 - Acceptance for approved treatment—Rules.

71.24.570 - Emergency service patrol—Establishment—Rules.

71.24.575 - Criminal laws limitations.

71.24.580 - Criminal justice treatment account.

71.24.585 - Opioid and substance use disorder treatment—State response.

71.24.587 - Opioid use disorder treatment—Possession or use of lawfully prescribed medication—Declaration by state.

71.24.589 - Substance use disorders—Law enforcement assisted diversion—Pilot project.

71.24.590 - Opioid treatment—Program licensing or certification by department, department duties—Use of medications by program—Definition.

71.24.593 - Opioid use disorder treatment—Care of individuals and their newborns—Authority recommendations required.

71.24.594 - Opioid overdose reversal medications—Education—Distribution—Labeling—Liability.

71.24.595 - Statewide treatment and operating standards for opioid treatment programs—Evaluation and report.

71.24.597 - Opioid overdose reversal medication—Coordinated purchasing and distribution.

71.24.598 - Drug overdose response team.

71.24.599 - Opioid use disorder—City and county jails—Funding.

71.24.600 - Inability to contribute to cost of services no bar to admission—Authority may limit admissions for nonmedicaid clients.

71.24.605 - Fetal alcohol screening and assessment services.

71.24.610 - Interagency agreement on fetal alcohol exposure programs.

71.24.615 - Chemical dependency treatment expenditures—Prioritization.

71.24.618 - Withdrawal management services—Substance use disorder treatment services—Prior authorization—Utilization review—Medical necessity review.

71.24.625 - Uniform application of chapter—Training for designated crisis responders.

71.24.630 - Integrated, comprehensive screening and assessment process for substance use and mental disorders.

71.24.640 - Standards for certification or licensure of evaluation and treatment facilities.

71.24.645 - Standards for certification or licensure of crisis stabilization units.

71.24.647 - Standards for certification or licensure of triage facilities.

71.24.648 - Standards for certification or licensure of intensive behavioral health treatment facilities.

71.24.649 - Standards for certification or licensure of mental health peer-run respite centers.

71.24.650 - Standards for certification or licensure of a clubhouse.

71.24.660 - Recovery residences—Referrals by licensed or certified service providers.

71.24.665 - Psychiatric treatment, evaluation, and bed utilization for American Indians and Alaska Natives—Report by authority.

71.24.700 - Long-term inpatient care and mental health placements—Contracting with community hospitals and evaluation and treatment facilities.

71.24.710 - Reentry services—Work group.

71.24.715 - Reentry services—Waiver application.

71.24.720 - Less restrictive alternative treatment—Transition teams.

71.24.845 - Transfer of clients between behavioral health administrative services organizations—Uniform transfer agreement.

71.24.850 - Regional service areas—Report—Managed care integration.

71.24.852 - Intensive behavioral health treatment facilities—Resident rights and access to ombuds services—Recommendations to governor and legislature.

71.24.855 - Finding—Intent—State hospitals.

71.24.861 - Behavioral health system coordination committee.

71.24.870 - Behavioral health services—Adoption of rules—Audit.

71.24.872 - Regulatory parity between primary care and behavioral health care settings—Initial documentation requirements for patients—Administrative burdensomeness.

71.24.880 - Interlocal leadership structure—Transition to fully integrated managed care within a regional service area.

71.24.885 - Medicaid rate increases—Review authority—Reporting.

71.24.887 - Training support grants for community mental health providers—Behavioral health workforce pilot program.

71.24.890 - National 988 system—Crisis call center hubs—Technology and platform development—Agency collaboration.

71.24.892 - National 988 system—Crisis response improvement strategy committee—Membership—Steering committee—Reports.

71.24.893 - National 988 system—Crisis response improvement strategy steering committee.

71.24.894 - National 988 system—Department reporting—Audit.

71.24.896 - National 988 system—Duties owed to public—Independent contractors.

71.24.898 - National 988 system—Technical and operational plan.

71.24.905 - Co-response services.

71.24.910 - Balance billing violations—Discipline.