WSR 21-11-107
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed May 19, 2021, 10:19 a.m., effective July 1, 2021]
Effective Date of Rule: July 1, 2021.
Purpose: WAC 246-322-990 Fees, the department of health (department) is raising fees for psychiatric hospitals to implement the requirements of SHB 2426 (chapter 115, Laws of 2020). The department is increasing psychiatric hospital licensing fees. This increase is needed to recover the costs of implementing SHB 2426 (chapter 115, Laws of 2020) which added new sections to chapters
43.70 and
71.12 RCW to enhance the department's regulatory oversight for psychiatric hospitals to protect the health, safety, and well-being of patients seeking behavioral health care in these facilities. The department also made three technical edits to match department WAC style guidelines.
The current initial application and renewal fee is $135 per bed. The fee amount is determined by taking the total amount of new costs and dividing it by the number of projected licensed beds. The department estimates the amount necessary to recover the costs of this new work is $360 per bed. This would increase fees to $495 per bed, effective July 1, 2021.
Citation of Rules Affected by this Order: Amending WAC 246-322-990.
Other Authority: SHB 2426 (chapter 115, Laws of 2020); RCW
71.12.470.
Adopted under notice filed as WSR 21-04-123 on February 1, 2021.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: May 19, 2021.
Jessica Todorovich
Chief of Staff
for Umair A. Shah, MD, MPH
Secretary
OTS-2800.2
AMENDATORY SECTION(Amending WSR 19-16-049, filed 7/30/19, effective 10/1/19)
WAC 246-322-990Private psychiatric hospital fees.
This section establishes the initial licensure and annual
renewal fees for private psychiatric hospitals licensed under chapter
71.12 RCW.
(1) Applicants and licensees shall:
(a) Submit to the department an initial licensure fee of ((one hundred thirty-five))four hundred ninety-five dollars for each bed space within the licensed bed capacity of the hospital ((to the department));
(b) Submit to the department an annual renewal fee of ((one hundred thirty-five))four hundred ninety-five dollars for each bed space within the licensed bed capacity of the hospital to the department;
(c) Include all bed spaces and rooms complying with physical plant and movable equipment requirements of this chapter for twenty-four-hour assigned patient rooms;
(d) Include bed spaces assigned for less than twenty-four-hour patient use as part of the licensed bed capacity when:
(i) Physical plant requirements of this chapter are met without movable equipment; and
(ii) The private psychiatric hospital currently possesses the required movable equipment and certifies this fact to the department.
(e) Limit licensed bed spaces as required under chapter
70.38 RCW;
(f) Submit applications for bed additions to the department for review and approval under chapter
70.38 RCW subsequent to department establishment of the private psychiatric hospital's licensed bed capacity;
(g) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.
(2) Refunds. The department shall refund fees paid by the applicant for initial licensure if:
(a) The department has received the application but has not conducted an on-site survey or provided technical assistance, the department will refund two-thirds of the fees paid, less a fifty dollar processing fee.
(b) The department has received the application and has conducted an on-site survey or provided technical assistance, the department will refund one-third of the fees paid, less a fifty dollar processing fee.
(c) The department will not refund fees if:
(i) The department has performed more than one on-site visit for any purpose;
(ii) One year has elapsed since an initial licensure application is received by the department, and the department has not issued the license because the applicant has failed to complete requirements for licensure; or
(iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.