Original Notice.

     Preproposal statement of inquiry was filed as WSR 11-18-073.

     Title of Rule and Other Identifying Information: Amending WAC 388-805-085 What are the fees for agency certification? and 388-805-100 What do I need to do to maintain agency certification?; and repealing WAC 388-805-080 What are the fee requirements for certification? and 388-805-090 May certification fees be waived?

     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 208 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 43.135.055 and 70.96A.090.

     Statute Being Implemented: RCW 43.135.055 and 70.96A.090.

     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: Dennis Malmer, P.O. Box 45320, Olympia, WA 98504-5320, (360) 725-3747.

     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

(((a) New agency))	(($500))
(((b) Branch agency))	(($500))
(((c) Application for adding one or more services))	(($200))
(((d) Change in ownership))	(($500))

     (((2) Initial and annual certification fees:))

(((a) For detoxification and residential services:))	(($26 per licensed bed))
(((b) For nonresidential services:))
(((i) Large size agencies: 3,000 or more patients served per year))	(($1,125 per year))
(((ii) Medium size agencies: 1,000-2,999 patients served per year))	(($750 per year))
(((iii) Small size agencies: 0-999 patients served per year))	(($375 per year))
(((c) For agencies certified through deeming per WAC 388-805-115))	(($200 per year))

     (((3) Each year providers must complete a declaration form provided by the department indicating the number of patients served annually, the provider's national accreditation status, and other information necessary for establishing fees and updating certification information)) The department charges the following fees for approved chemical dependency treatment programs:

Application Fees for Agency Certification for Approved Chemical Dependency Treatment Programs
New agency application	$1,000
Branch agency application	$500
Application to add one or more services	$200
Application to change ownership	$500
Initial and Annual Certification Fees for Detoxification, Residential, and Nonresidential Services
Detoxification and residential services	$100 per licensed bed, per year, for agencies not renewing certification through deeming
	$50 per licensed bed, per year, for agencies renewing certification through deeming per WAC 388-805-115
Nonresidential services	$750 per year for agencies not renewing certification through deeming
	$200 per year for agencies certified through deeming per WAC 388-805-115
Complaint/Incident Investigation Fees
All agencies	$1,000 per substantiated complaint/incident investigation

     (2) Agency providers must pay fees:

     (a) Within thirty days of receiving an invoice from the department.

     (b) By check, draft, or money order made payable to the department of social and health services.

     (3) The department:

     (a) May refund one-half of the application fee if an application is withdrawn before certification or denial.

     (b) Will not refund fees when certification is denied, revoked, or suspended.

     (4) Agency providers must annually complete a declaration form provided by the department to indicate information necessary for establishing fees and updating certification information. Required information includes, but is not limited to:

     (a) The number of licensed detoxification and residential beds; and

     (b) The agency provider's national accreditation status.

[Statutory Authority: RCW 70.96A.090, 70.96A.142, 70.96A.157, chapter 70.96A RCW, 2004 c 166, 2005 c 70 and 504, 42 C.F.R. Parts 2 and 8. 06-11-096, § 388-805-085, filed 5/17/06, effective 6/17/06. Statutory Authority: RCW 70.96A.090, chapter 70.96A RCW, 2001 c 242, 42 C.F.R. Part 8. 03-20-020, § 388-805-085, filed 9/23/03, effective 10/25/03. Statutory Authority: RCW 70.96A.090 and chapter 70.96A RCW. 00-23-107, § 388-805-085, filed 11/21/00, effective 1/1/01.]

     (1) Completion of an annual declaration of certification.

     (2) Payment of certification fees((, if applicable)).

     (3) Providing the essential requirements for chemical dependency treatment, including the following elements:

     (a) Treatment process:

     (i) Assessments, as described in WAC 388-805-310;

     (ii) Treatment planning, as described in WAC 388-805-315 (2)(a) and 388-805-325(11);

     (iii) Documenting patient progress, as described in WAC 388-805-315 (1)(b) and 388-805-325(13);

     (iv) Treatment plan reviews and updates, as described in WAC 388-805-315 (2)(a), 388-805-325(11) and 388-805-325 (13)(c);

     (v) Patient compliance reports, as described in WAC 388-805-315 (4)(b), 388-805-325(17), and 388-805-330;

     (vi) Continuing care, transfer summary and discharge planning, as described in WAC 388-805-315 (2)(c) and (d), (6)(a) and (b), and (7)(a), and 388-805-325 (18) and (19); and

     (vii) Conducting individual and group counseling, as described in WAC 388-805-315 (2)(b) and 388-805-325(13).

     (b) Staffing: Provide sufficient qualified personnel for the care of patients as described in WAC 388-805-140(5) and 388-805-145(5);

     (c) Facility:

     (i) Provide sufficient facilities, equipment, and supplies for the care and safety of patients as described in WAC 388-805-140 (5) and (6);

     (ii) If a residential provider, be licensed by the department of health as described by WAC 388-805-015 (1)(b).

     (4) Findings during periodic on-site surveys and complaint investigations to determine the provider's compliance with this chapter. During on-site surveys and complaint investigations, provider representatives must cooperate with department representatives to:

     (a) Examine any part of the facility at reasonable times and as needed;

     (b) Review and evaluate records, including patient clinical records, personnel files, policies, procedures, fiscal records, data, and other documents as the department requires to determine compliance; and

     (c) Conduct individual interviews with patients and staff members.

     (5) The provider must post the notice of a scheduled department on-site survey in a conspicuous place accessible to patients and staff.

     (6) The provider must correct compliance deficiencies found at such surveys immediately or as agreed by a plan of correction approved by the department.

[Statutory Authority: RCW 70.96A.040, chapter 70.96A RCW, and 42 C.F.R. Part 8. 08-24-083, § 388-805-100, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 70.96A.090, 70.96A.142, 70.96A.157, chapter 70.96A RCW, 2004 c 166, 2005 c 70 and 504, 42 C.F.R. Parts 2 and 8. 06-11-096, § 388-805-100, filed 5/17/06, effective 6/17/06. Statutory Authority: RCW 70.96A.090, chapter 70.96A RCW, 2001 c 242, 42 C.F.R. Part 8. 03-20-020, § 388-805-100, filed 9/23/03, effective 10/25/03. Statutory Authority: RCW 70.96A.090 and chapter 70.96A RCW. 00-23-107, § 388-805-100, filed 11/21/00, effective 1/1/01.]

     The following sections of the Washington Administrative Code are repealed:

WAC 388-805-080	What are the fee requirements for certification?
WAC 388-805-090	May certification fees be waived?

© Washington State Code Reviser's Office