WSR 04-14-066

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 2, 2004, 9:24 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-323-990 Residential care facilities for psychiatrically impaired children and youth fees, during 2004 legislative session, the legislature passed ESHB 2459, granting the department authority to exceed I-601 limitation.

Hearing Location(s): Department of Health, Point Plaza East, Hearings Room (139), 310 Israel Road S.E., Tumwater, WA 98501, on August 17, 2004, at 11:00 a.m.

Date of Intended Adoption: August 31, 2004.

Submit Written Comments to: Yvette Fox, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.fox@doh.wa[.gov], website www3.doh.gov/policyreview, fax (360) 236-2901, by August 17, 2004.

Assistance for Persons with Disabilities: Contact Contact Yvette Fox by August 10, 2004, TTY (360) 833-6388 or (360) 236-2928.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends WAC 246-323-990 by increasing fees 64.71%. The increase is necessary to sufficiently cover program operating costs. The increase is anticipated to fully maintain program activities as required by statute.

Reasons Supporting Proposal: The increase will enable the program to operate and conduct inspections in a timely manner, ensuring public health and safety in these facilities. Sufficient revenue is necessary to fulfill the department's public health obligations.

Statutory Authority for Adoption: RCW 43.70.250, 43.70.110, 71.12.470.

Statute Being Implemented: RCW 43.70.250.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lynda Furkay, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2927; and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 19.85.025(3) and, therefore, does not require a small business economic impact statement. However, the department prepared a fee analysis which provides documentation of the need for the fee increase. To obtain a copy of fee analysis, contact Yvette Fox at address above.

A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost-benefit analysis is not necessary for rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

June 30, 2004

M. C. Selecky

Secretary

OTS-7092.1


AMENDATORY SECTION(Amending WSR 03-14-147, filed 7/2/03, effective 8/1/03)

WAC 246-323-990   Fees.   Residential treatment facilities for psychiatrically impaired children and youth (RTF-CY) licensed under chapter 71.12 RCW shall:

(1) Submit an annual fee of ((eighty-eight)) one hundred thirty-six dollars and ten cents for each bed space within the licensed bed capacity of the RTF-CY;

(2) Include all bed spaces and rooms complying with physical plant and movable equipment requirements of this chapter; and

(3) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250. 03-14-147, 246-323-990, filed 7/2/03, effective 8/1/03; 02-16-068, 246-323-990, filed 8/5/02, effective 9/5/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, 246-323-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 71.12.470, 43.70.110, 43.70.250 and 43.208.020. 99-24-094, 246-323-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-323-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-15-048 (Order 287), 246-323-990, filed 7/10/92, effective 8/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-323-990, filed 12/27/90, effective 1/31/91.]

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