This West Virginia rule establishes procedures for the Office of Drug Control Policy and Bureau for Behavioral Health to develop methodologies and conduct needs assessments examining the relative demand for substance use disorder treatment facilities across the state's seven geographic regions. The needs assessment uses direct, indirect, and ethnographic data-gathering strategies — informed by ASAM criteria — to quantify usage of and need for inpatient, outpatient, and residential SUD services. Results inform the selection criteria and grant-award processes for the Ryan Brown Addiction Prevention and Recovery Fund. The rule does not itself license or set operating standards for any specific facility type; it governs a planning and grant-eligibility determination process.
View official sourceTITLE 69 LEGISLATIVE RULE OFFICE OF DRUG CONTROL POLICY DEPARTMENT OF HEALTH AND HUMAN RESOURCES SERIES 13 DEVELOPMENT OF METHODOLOGIES TO EXAMINE NEEDS FOR SUBSTANCE USE DISORDER TREATMENT FACILITIES WITHIN THE STATE §69-13-1. General. 1.1. Scope. -- This rule establishes procedures for the development of methodologies to examine, as systematically as possible, the relative needs for substance use disorder treatment facilities within the state. 1.2. Authority. -- W. Va. Code §16-53-3. 1.3. Filing Date. -- March 30, 2023. 1.4. Effective Date. -- March 31, 2023. 1.5 Sunset Provision: -- This rule shall terminate and have no further force or effect on August 1, 2028. 1.6. Purpose. -- The purpose of this rule series is to provide for the development of methodologies to examine, as systematically as possible, the relative needs for substance use disorder treatment facilities within the state, to make evidence-based and data-informed decisions on how those needs might be most effectively met within available resources. 1.7. Background. -- House Bill 2428, enacted during the 2017 Regular Legislative Session, mandates that the secretary ensure beds, for purposes of providing substance use disorder treatment services in existing or newly constructed facilities, are made available in locations throughout the state determined to be the highest priority for serving the needs of the citizens by the Bureau for Behavioral Health. and Health Facilities. Additionally, the bill creates the Ryan Brown Addiction Prevention and Recovery Fund to be administered by the secretary to implement the provisions of the bill. The fund will consist of moneys made available for the purposes of the bill from any source, including, but not limited to, all grants, bequests or transfers from any source, any moneys that may be appropriated and designated for those purposes by the Legislature and all interest or other return earned from investment of the fund, gifts, and all other sums available for deposit to the special revenue account from any source, public or private. §69-13-2. Definitions. 2.1. “Act” means the provisions of W. Va. Code §16-53-1 et seq. 2.2. “Bureau” means the Bureau for Behavioral Health within the Department of Health and Human Resources. 2.3. “Department” means the West Virginia Department of Health and Human Resources. 2.4. “Needs Assessment” means a systematic, rational process for collecting and analyzing information to describe the needs of a population. The findings from the needs assessment will be utilized to inform the selection criteria and processes for awarding Ryan Brown Addiction Prevention and Recovery Fund grants. 2.5. “ODCP” means the Office of Drug Control Policy authorized by W. Va. Code §16-5T-2. 2.6. “Region” means one of seven geographic regions as follows: 2.6.a. Region 1: Hancock, Brooke, Ohio, Marshall, and Wetzel counties. 2.6.b. Region 2: Morgan, Berkeley, Jefferson, Mineral, Hampshire, Grant, Hardy, and Pendleton counties. 2.6.c. Region 3: Wood, Pleasants, Tyler, Ritchie, Wirt, Calhoun, and Jackson counties. 2.6.d. Region 4: Monongalia, Marion, Preston, Taylor, Doddridge, Harrison, Lewis, Gilmer, Braxton, Barbour, Tucker, Upshur, and Randolph counties. 2.6.e. Region 5: Cabell, Mason, Putnam, Wayne, Lincoln, Boone, Logan, and Mingo counties. 2.6.f. Region 6: Monroe, Raleigh, Summers, Webster, Greenbrier, Pocahontas, McDowell, Mercer, and Wyoming counties. 2.6.g. Region 7: Clay, Fayette, Kanawha, Nicholas, and Roane counties. 2.7. “Ryan Brown Fund” means the Ryan Brown Addiction Prevention and Recovery Fund. 2.8. “Secretary” means the secretary of the Department of Health and Human Resources or his or her lawful designee. §69-13-3. Needs Assessment. 3.1. The Bureau will establish a mechanism through which a needs assessment is developed and administered to inform the selection criteria and processes for awarding Ryan Brown Fund grants. 3.2. The Bureau will implement data-gathering strategies for achieving estimates of need and demand by region, if applicable and may utilize: 3.2.a. Direct measures (i.e., population surveys employing probability sampling), including but not limited to: 3.2.a.1. Persons in short-term treatment; 3.2.a.2. Persons in long-term treatment; 3.2.a.3. Persons in recovery residences; 3.2.a.4. Infants exposed to drugs; 3.2.a.5. Children removed from their family due to substance use; 3.2.a.6. Overdose deaths; 3.2.a.7. Opioid Antagonist administrations; and 3.2.a.8. Opioid prescriptions. 3.2.b. Indirect measures (i.e., assessments based on the impact of drug use and persons who use drugs on health, social service, and criminal justice systems); and 3.2.c. Ethnographic study (i.e., information based on observation and/or description derived from individuals experiencing a substance use disorder). 3.3. The Bureau will establish and implement a methodology, based on nationally recognized criteria, including but not limited to, criteria established by the American Society of Addiction Medicine (ASAM), to quantify the usage of and need for inpatient, outpatient, and residential behavioral health services throughout the state, taking into account projected patient care level needs. §69-13-4. Community Participation. For developing a needs assessment, reviewing inventories and making recommendations regarding overall substance use disorder treatment and recovery service development and resource needs, the Bureau will consult with: 4.1. The ODCP; 4.2. Community substance use disorder prevention, early intervention, treatment and recovery organizations; 4.3. Family consumer and other mental health constituent groups, 4.4. West Virginia Hospital Association; 4.5. The state’s academic health centers that specialize in services and research related to substance use disorder; and 4.6. Other statewide organizations that advocate for persons with substance use disorder and their families. §69-13-5. Determination of Need. 5.1. The Department will, based upon the results of the needs assessment developed and administered by the Bureau pursuant to these rules, determine the disparities in the provision of licensed inpatient, outpatient, and residential behavioral health and substance use disorder services. 5.2. The determination of need developed and administered pursuant to these rules will be incorporated into the Department’s process for evaluating and approving applications for Ryan Brown Fund grants to ensure their effective distribution and use. 5.3. To be eligible for a Ryan Brown Fund grant, an applicant must be licensed or eligible to be licensed to provide addiction and substance abuse services.