WSR 20-02-116
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed January 2, 2020, 8:32 a.m., effective January 2, 2020]
Effective Date of Rule: January 2, 2020.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Changes to the definition in RCW
71.24.025 (26)(c) of "licensed or certified behavioral health agency" becomes effective January 1, 2020, which allows the department of health (department) to issue a license to a tribe when the tribe attests to meeting state minimum standards for a licensed or certified behavioral health agency. 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). 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 rule-making action puts into rule the decisions made at the consultation regarding the fee. Because January 1, 2020, is a state holiday the rule will be effective the next business day, January 2, 2020, so the department may have the ability to produce a license for these attestations.
Purpose: WAC 246-341-0367 Agency licensure and certification—Fee requirements for tribal attestations, the department is 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.
Citation of Rules Affected by this Order: New WAC 246-341-0367.
Other Authority: RCW
71.24.025 as amended by E2SSB 5432 (chapter 325, Laws of 2019).
Adopted under notice filed as WSR 19-22-077 on November 5, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.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 0.
Date Adopted: December 26, 2019 [January 2, 2020].
John Wiesman, DrPH, MPH
Secretary
NEW SECTION
WAC 246-341-0367Agency licensure and certification—Fee requirements for tribal attestations.
(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.