Title of Rule and Other Identifying Information: WAC 246-341-0367 Agency licensure and certification—Fee requirements for tribal attestations, the department of health (department) is proposing adopting a new rule to establish fees necessary for the department to receive and process an attestation that a tribal behavioral health agency meets state minimum standards for a licensed or certified behavioral health agency.

Hearing Location(s): On December 10, 2019, at 11:30 a.m., at the Department of Health, Town Center 2, Room 145, 111 Israel Road S.E., Tumwater, WA 98501.

Submit Written Comments to: Stephanie Vaughn, P.O. Box 47850, Olympia, WA 98504-7850, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2901, by December 10, 2019.

Assistance for Persons with Disabilities: Contact Stephanie Vaughn, phone 360-236-4617, fax 360-236-2901, TTY 360-833-6388 or 711, email stephanie.vaughn@doh.wa.gov, by December 3, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department was a participant this year in a formal tribal consultation regarding how tribes attest that a tribal behavioral health agency meets state minimum standards for licensure and certification as a behavioral health agency. The proposed rule establishes a fee for the department to process tribal attestations.

In order to comply with the requirements of RCW 43.70.250, the department must "set [the] fee[s] for each program at a sufficient level to defray the costs of administering that program …." It is therefore necessary for the department to establish this fee in order to support the administrative work involved in receiving and recording these tribal attestations. The department is required to set in rule all fees associated with licensing according to RCW 43.70.250 (2) and (3). This administrative fee was agreed upon as part of the tribal consultation.

This rule only applies to tribes attesting that a tribal behavioral health agency meets state minimum standards for a licensed or certified behavioral health agency.

Reasons Supporting Proposal: Section 1004 of E2SSB 5432 changed the definition of "licensed or certified behavioral health agency" in RCW 71.24.025 to include "an entity with a tribal attestation that it meets state minimum standards for a licensed or certified behavioral health agency."

The department participated in two consultations and workgroups with the American Indian Health Commission and tribes to discuss the attestation process, including the fee. This proposed rule-making action puts into rule the decisions made at the consultation regarding the fee.

Name of Agency Personnel Responsible for Drafting: Stephanie Vaughn, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4617; Implementation and Enforcement: Robert McLellan, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4604.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

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 rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

(1) A tribe may attest that its behavioral health agency meets state minimum standards for a licensed or certified behavioral health agency, as described by the definition of "licensed or certified behavioral health agency" in RCW 71.24.025 (26)(c).

(2) A tribe that is pursuing attestation with the department must submit a two hundred sixty-one dollar administrative processing fee to the department for any new or renewed attestation.