PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-18-074.
Title of Rule and Other Identifying Information: New WAC 388-865-0103 Fee requirements for mental health treatment programs; and repealing WAC 388-865-0474 Fees for community support service provider licensure and 388-865-0516 Certification fees.
Hearing Location(s): Office Building 2, Lookout Room, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html or by calling (360) 664-6094), on January 24, 2012, at 10:00 a.m.
Date of Intended Adoption: Not earlier than January 25, 2012.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on January 24, 2012.
Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant, by January 3, 2012, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To meet the requirements of the 2011-13 omnibus operating budget (section 204 of 2ESHB 1087), which requires the department to establish licensing and certification fees at an amount adequate to reimburse costs for the review and approval of treatment programs in fiscal years 2012 and 2013. 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 proposed rule will replace the emergency rule which has been in effect since September 1, 2011.
Reasons Supporting Proposal: 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.
Statutory Authority for Adoption: RCW 43.20B.110, 43.35.055, and 71.24.035.
Statute Being Implemented: RCW 43.20B.110, 43.35.055, and 71.24.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting: Kathy Sayre, P.O. Box 45320, Olympia, WA 98504-5320, (360) 725-1342; Implementation and Enforcement: Peter Marburger, P.O. Box 45320, Olympia, WA 98504-5320, (360) 725-1513.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules setting or adjusting fees or rates according to legislative standards do not require a small business economic impact statement.
A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 34.05.328 (5)(b), rules setting or adjusting fees or rates according to legislative standards do not require a cost-benefit analysis.
December 15, 2011
Katherine I. Vasquez
Rules Coordinator
4323.2
| 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 |
(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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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. |