EMERGENCY RULES
SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)
Effective Date of Rule: Immediately.
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 adoption is 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 emergency filing replaces the emergency rule filed as WSR 11-18-040 on August 31, 2011. The CR-101 for the permanent rule was filed as WSR 11-18-074 on September 6, 2011. The department plans on filing the CR-102 on December 21, 2011, with the public hearing to be held January 24, 2012.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 2.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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: 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. |