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(ii) Costs associated with the hospital providing the long-term 1 psychiatric patient access to involuntary treatment court services 2 that are not reimbursed separately; and 3 (iii) Other costs associated with caring for long-term 4 psychiatric patients that are not reimbursed separately. 5 (d) For a hospital licensed under chapter 71.12 RCW that requires 6 an initial medicaid inpatient psychiatric per diem payment rate for 7 long-term civil commitment services because it has not yet completed 8 a medicare cost report, the authority shall establish the medicaid 9 inpatient psychiatric per diem payment rate at the higher of: 10 (i) The hospital's current medicaid inpatient psychiatric rate; 11 or 12 (ii) The annually updated statewide average of the medicaid long- 13 term inpatient psychiatric per diem payment rate of all freestanding 14 psychiatric hospitals licensed under chapter 71.12 RCW providing 15 long-term civil commitment services. 16 (e) For nonhospital residential treatment centers certified to 17 provide long-term inpatient care beds as defined in RCW 71.24.025, 18 the authority shall establish the medicaid psychiatric per diem 19 payment rate at the fiscal year 2023 level. 20 (f) Beginning in fiscal year 2024, the authority shall pay a rate 21 enhancement for patients committed pursuant to the dismissal of 22 criminal charges and a civil evaluation ordered under RCW 10.77.086 23 or 10.77.088. The enhancement shall be available to all hospital and 24 nonhospital facilities providing services under this subsection 25 except those whose rates are set at 100 percent of their most recent 26 medicare cost report. The rate enhancement shall not exceed the 27 tiered rate enhancements established under the 1915(i) state plan. 28 (g) Provider payments for vacant bed days shall not exceed six 29 percent of their annual contracted bed days. 30 (h) The authority, in coordination with the department of social 31 and health services, the office of the governor, the office of 32 financial management, and representatives from medicaid managed care 33 organizations, behavioral health administrative service 34 organizations, and community providers, must update its plan to 35 continue the expansion of civil community long-term inpatient 36 capacity. The plan shall identify gaps and barriers in the current 37 array of community long-term inpatient beds in serving higher need 38 individuals including those committed to a state hospital pursuant to 39 the dismissal of criminal charges and a civil evaluation ordered 40 p. 269 ESSB 5187.SL