PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF HEALTH
[Filed June 30, 2020, 2:45 p.m.]
Subject of Possible Rule Making: Chapter 246-322 WAC, Private psychiatric and alcoholism hospitals, the department of health (department) is considering creating a severity matrix for fines related to psychiatric hospital enforcement in order to implement SHB 2426 (chapter 115, Laws of 2020).
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 71.12.670
; SHB 2426 (chapter 115, Laws of 2020).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Section 3 of SHB 2426 directs the department to adopt in rule specific fine amounts in relation to the severity of noncompliance by a psychiatric hospital. A fine would only be assessed if the department determines the psychiatric hospital has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type of violation of the same or similar statute or rule, or when the psychiatric hospital failed to correct noncompliance with a statute or rule by a date established or agreed to by the department.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Centers for Medicare and Medicaid Services, health care authority, department of social and health services. The department will be working closely with all concerned partners on this rule making.
Process for Developing New Rule: Collaborative rule making.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Julie Tomaro, P.O. Box 47843, Olympia, WA 98504, phone 360-236-2937, fax 360-236-2321, TTY 711, email email@example.com, website www.doh.wa.gov.
Additional comments: Interested parties can participate in the drafting of the proposed rules. The department will be conducting a rules workshop. The department will use existing GovDelivery lists and other known contact information to inform stakeholders of opportunities to provide input on proposed rule language. To find out more information about our rule making, visit doh.wa.gov/LicensesPermitsandCertificates/FacilitiesNewReneworUpdate/Hospitals and to be included on an interested parties [list] select the "Subscribe" button at the bottom of that page.
June 30, 2020
Chief of Staff
for John Wiesman, DrPh, MPH