WSR 11-18-040

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed August 31, 2011, 9:12 a.m. , effective September 1, 2011 ]


Effective Date of Rule: September 1, 2011.

Purpose: Under the 2011-13 omnibus operating budget, the department must establish licensing and certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved mental health treatment programs.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-865-0474 and 388-865-0516.

Statutory Authority for Adoption: RCW 43.20B.110, 43.135.055, and 71.24.035.

Other Authority: 2011-13 omnibus operating budget (2ESHB 1087).

Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

Reasons for this Finding: Emergency rule adoptions is [are] required in order for the department to comply with section 204 of 2ESHB 1087, which requires the department to increase fees for the review and approval of treatment programs in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program. Providers with proof of accreditation for programs will have fees that reflect the lower cost of licensing than for other organizations which are not accredited. The law directs the increased fees to be implemented in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program. This does now allow the department enough time to adopt rules through the regular rule adoption process. The department is concurrently filing a CR-101 for the permanent rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 2.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 2.

Date Adopted: August 25, 2011.

Katherine I. Vasquez

Rules Coordinator

4323.2
NEW SECTION
WAC 388-865-0103   Fee requirements for mental health treatment programs.   (1) The department charges the following fees to reimburse costs for its licensing and certification activities for approved mental health treatment programs:


New Agency Licensing Application Fee for Approved Mental Health Treatment Programs
Licensing application fee for residential and nonresidential services--New agencies $1000
Agencies not Certified through Deeming:

Residential Services--Initial and Annual Certification Fees

Evaluation and treatment (E&T) residential bed fees $90 initial certification fee, per licensed bed

$90 annual certification fee, per licensed bed

Agencies not Licensed through Deeming:

Nonresidential Services--Initial and Annual Licensing Fees

Annual service hours provided: Initial and annual licensing fees:
0 - 3,999 $728
4,000 - 14,999 $1,055
15,000 - 29,999 $1,405
30,000 - 49,000 $2,105
50,000 or more $2,575
Deemed agencies:

Residential and Nonresidential Services--Renewal Licensing Fees

Deemed agencies licensed by DBHR $500 licensing fee
Complaint/Incident Investigation Fee
All residential and nonresidential agencies $1,000 per substantiated complaint/incident investigation

(2) Initial and annual licensing/certification fees identified in the table in subsection (1) of this section must:

(a) Be sent with an initial application or with an annual license/certification renewal.

(b) Cover a minimum of one year.

(c) Be made payable to the division of behavioral health and recovery by check, electronic fund transfer, or money order.

(3) Failure to pay fees when due will result in suspension or denial of the license/certification.

(4) The department:

(a) May refund one-half of the fees submitted with an application upon the receipt of the applicant if the application is withdrawn before the department issues the license.

(b) Will not refund fees when a license or certificate is denied, revoked, or suspended.

(c) Requires a new license and payment of fees for a change in agency ownership.

(5) Agencies providing nonresidential services must report the number of annual service hours provided based on the division of behavioral health and recovery's (DBHR's) current published "Service Encounter Reporting Instructions for RSNs" and the "Consumer Information System (CIS) Data Dictionary for RSNs." These publications are available at the DBHR website at: http://www.dshs.wa.gov/dbhr/mhpublications.shtml.

(a) Existing licensed agencies must compute the annual service hours based on the most recent state fiscal year.

(b) Newly licensed agencies must compute the annual service hours by projecting the service hours for the first twelve months of operation.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-865-0474 Fees for community support service provider licensure.
WAC 388-865-0516 Certification fees.

Washington State Code Reviser's Office