Section 71.24.320. Behavioral health organizations—Procurement process—Penalty for voluntary termination or refusal to renew contract.

(1) If an existing behavioral health organization chooses not to respond to a request for a detailed plan, or is unable to substantially meet the requirements of a request for a detailed plan, or notifies the department of social and health services it will no longer serve as a behavioral health organization, the department shall utilize a procurement process in which other entities recognized by the secretary may bid to serve as the behavioral health organization.

(a) The request for proposal shall include a scoring factor for proposals that include additional financial resources beyond that provided by state appropriation or allocation.

(b) The department shall provide detailed briefings to all bidders in accordance with department and state procurement policies.

(c) The request for proposal shall also include a scoring factor for proposals submitted by nonprofit entities that include a component to maximize the utilization of state provided resources and the leverage of other funds for the support of mental health services to persons with mental illness.

(2) A behavioral health organization that voluntarily terminates, refuses to renew, or refuses to sign a mandatory amendment to its contract to act as a behavioral health organization is prohibited from responding to a procurement under this section or serving as a behavioral health organization for five years from the date that the department signs a contract with the entity that will serve as the behavioral health organization.

[ 2014 c 225 § 50; 2008 c 261 § 5; 2006 c 333 § 202; 2005 c 503 § 4.]

NOTES:

Effective date—2014 c 225: See note following RCW 71.24.016.

Intent—Findings—2008 c 261: "In the event that an existing regional support network will no longer be contracting to provide services, it is the intent of the legislature to provide flexibility to the department to facilitate a stable transition which avoids disruption of services to consumers and families, maximizes efficiency and public safety, and maintains the integrity of the public mental health system. By granting this authority and flexibility, the legislature finds that the department will be able to maximize purchasing power within allocated resources and attract high quality organizations with optimal infrastructure to perform regional support network functions through competitive procurement processes. The legislature intends for the department of social and health services to partner with political subdivisions and other entities to provide quality, coordinated, and integrated services to address the needs of individuals with behavioral health needs." [ 2008 c 261 § 1.]

Retroactive application—2008 c 261 § 5: "Section 5 of this act applies retroactively to July 1, 2007." [ 2008 c 261 § 7.]

Finding—Purpose—Intent—Severability—Part headings not law—Effective dates—2006 c 333: See notes following RCW 71.24.016.

Effective date—2005 c 503 § 4: "Section 4 of 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 [May 17, 2005]." [ 2005 c 503 § 19.]

Correction of references—Savings—Severability—2005 c 503: See notes following RCW 71.24.015.

2014 c 225 § 50; 2008 c 261 § 5; 2006 c 333 § 202; 2005 c 503 § 4.