WSR 19-20-093
PROPOSED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 1, 2019, 8:59 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-15-104.
Title of Rule and Other Identifying Information: The department is proposing to create WAC 388-101-3120 Certification fees, to establish rules for the collection and enforcement of annual certification fees as authorized by SB 5359 (chapter 458, Laws of 2019).
Hearing Location(s): On November 5, 2019, at 10:00 a.m., at Office Building 2, Department of Social and Health Services (DSHS) Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at https://www.dshs.wa.gov/sesa/rules-and-policies-assistance-unit/driving-directions-office-bldg-2.
Date of Intended Adoption: Not earlier than November 6, 2019.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email DSHSRPAURulesCoordinator@dshs.wa.gov, fax 360-664-6185, by 5:00 p.m., November 5, 2019.
Assistance for Persons with Disabilities: Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email Kildaja@dshs.wa.gov, by October 22, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SB 5359 was enacted during the 2019 legislative session. The bill authorizes the department to collect an annual certification fee from certified community residential services and supports providers. The proposed rule would outline the collection and enforcement of the fees. There are currently no existing rules addressing the collection of certification fees.
Reasons Supporting Proposal: See purpose statement above.
Statutory Authority for Adoption: Chapter 71A.12 RCW; RCW 71A.12.030.
Statute Being Implemented: Chapter 71A.12 RCW; RCW 71A.12.030.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting: Antonietta Lettieri-Parkin, P.O. Box 45600, Olympia, WA 98504, 509-227-2474; Implementation: Candace Goehring, P.O. Box 45600, Olympia, WA 98504, 360-725-2401; and Enforcement: Loida Baniqued, P.O. Box 45600, Olympia, WA 98504, 360-725-2405.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The rule does not meet the definition of significant legislative rule under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Is exempt under SB 5359 (chapter 458, Laws of 2019).
September 26, 2019
Katherine I. Vasquez
Rules Coordinator
NEW SECTION
WAC 388-101-3120Certification fees.
The certified community residential services and supports provider must submit an annual certification fee. If the provider fails to pay the annual certification fee, the department may impose remedies outlined in WAC 388-101-4175.