WSR 03-10-099

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 7, 2003, 11:04 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 246-323-990 Residential treatment facilities for psychiatrically impaired children and youth fees.

     Purpose: This section establishes the fees for residential treatment facilities for psychiatrically impaired children and youth.

     Statutory Authority for Adoption: RCW 43.70.250.

     Statute Being Implemented: RCW 43.70.250.

     Summary: The amendment increases the fees by 3.2%, which is the increase allowable within limits established by I-601.

     Reasons Supporting Proposal: RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of program operations. The department is requesting a fee increase which is allowable within the I-601 limitations.

     Name of Agency Personnel Responsible for Drafting: Yvette Harrison, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-2928; Implementation: Linda Furkay, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-2927; and Enforcement: Gary Bennett, P.O. Box 47852, Olympia, WA 98504-7852, (360) 236-2900.

     Name of Proponent: Department of Health.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposal amends fees within I-601 limitations for the psychiatrically impaired children and youth program. The increase is anticipated to help maintain the cost of operating the program as required by statute through fiscal year 2004.

     Proposal Changes the Following Existing Rules: The proposal increases fees by 3.2%, which is the I-601 limitation.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.020(3) exempts fees from the small business economic impact statement requirements.

     RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, does not apply to rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

     Hearing Location: Department of Health, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on June 11, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Yvette Harrison by June 9, 2003, TDD (800) 833-6368 or (360) 236-2928.

     Submit Written Comments to: Yvette Harrison, Department of Health, Facilities and Services Licensing, P.O. Box 47852, P.O. Box 47852, Olympia, WA 97852 [98501], fax (360) 236-2901, e-mail yvette.harrison@doh.wa.gov.

     Date of Intended Adoption: June 20, 2003.

May 5, 2003

Eric Slagle

Deputy Secretary

for Mary C. Selecky

Secretary

OTS-6266.1


AMENDATORY SECTION(Amending WSR 02-16-068, filed 8/5/02, effective 9/5/02)

WAC 246-323-990   Fees.   Residential treatment facilities for psychiatrically impaired children and youth (RTF-CY) licensed under chapter 71.12 RCW shall:

     (1) Submit an annual fee of ((eighty-five)) eighty-eight dollars ((and forty cents)) for each bed space within the licensed bed capacity of the RTF-CY;

     (2) Include all bed spaces and rooms complying with physical plant and movable equipment requirements of this chapter; and

     (3) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250. 02-16-068, § 246-323-990, filed 8/5/02, effective 9/5/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, § 246-323-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 71.12.470, 43.70.110, 43.70.250 and 43.208.020. 99-24-094, § 246-323-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, § 246-323-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-15-048 (Order 287), § 246-323-990, filed 7/10/92, effective 8/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-323-990, filed 12/27/90, effective 1/31/91.]

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