Notice of Rulemaking: Establishing the Office of Behavioral Health Advocacy (OBHA)

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january 28, 2025

Notice of Rulemaking

Establishing the Office of Behavioral Health Advocacy (OBHA)

The Office of Behavioral Health Advocacy (OBHA) was established in 2021 by Chapter 202 to:

  • Protect the interests of Washingtonians engaged in behavioral health services
  • Provide consulting, resources, advocacy, and mediation for complaints against behavioral health services by individual providers and facilities.

Behavioral Health Advocates support communities across Washington state by:

  • Assisting you through a complaint, grievance, appeal, or fair hearing process
  • Listening to your concerns
  • Researching the situation
  • Providing you with a consultation
  • Serving as your advocate
  • Investigating and resolving grievances at the lowest possible level
  • Educating clients and families about the behavioral health system
  • Assisting with the completion of a Mental Health Advanced Directive
  • Coordinating and collaborating with other ombuds services
  • Check back with you to ensure you haven't experienced retaliation

Ombuds are also available to help you connect to provider agencies in your area and answer questions about how the behavioral health system works in the state of Washington

The Department of Commerce is creating rules about this program, including:

  • Procedures for behavioral health consumer advocates to engage with behavioral health providers and facilities effectively.
  • Privacy protections for individuals receiving services.
  • Rules to ensure all communities across Washington State have equal access to consistent and unified advocacy services.
  • Rules to ensure all communities are equitably represented by behavioral health advocates

Background

The Office of Behavioral Health Advocacy (OBHA) aims to provide consistent, accessible, and effective behavioral health advocacy for all Washingtonians. With the adoption of E2SHB 1086, authority for behavioral health advocacy has formally been transferred from the Health Care Authority (HCA) to the Department of Commerce. The updates are authorized by RCW 71.40.030..

In 2022, Peer Washington applied for and was awarded the OBHA contract from the Department of Commerce on July 1, 2022. Peer Washington is a non-profit peer ran organization.

OBHA went live on October 1, 2022, ensuring there is a Behavioral Health Advocate (formerly known as Behavioral Health Ombuds) in each of the ten regions in Washington State.

Commerce is adopting rules to set the framework for statewide behavioral health advocacy, in partnership with Peer WA. A CR-101 (statement of inquiry) was filed on July 24, 2024.

Learn more about OBHA: https://www.obhadvocacy.org/.

 

Public comment opportunities

Commerce is accepting public feedback throughout the rulemaking process. They will host a public workshop after draft rules are released.

  1. Provide public feedback on Zoom - February 6, 2025 at 1:30 p.m.
    Register for public workshop

    OR
  2. Email your feedback anytime to Hyeeun Park, Community Services Division at hyeeun.park@commerce.wa.gov.