WSR 02-13-059

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed June 14, 2002, 10:34 a.m. ]

     Original Notice.

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

     Title of Rule: WAC 246-326-990 Alcoholism treatment facilities fees, 246-325-990 Adult residential rehabilitation centers and private adult treatment homes fees, and 246-380-990 State institution survey program fees.

     Purpose: The proposal increases program fees sufficient to cover full operating costs.

     Other Identifying Information: During the 2002 legislative session, the legislature granted the department authority to exceed I-601 limitations.

     Statutory Authority for Adoption: RCW 43.70.250.

     Statute Being Implemented: RCW 43.70.250.

     Summary: The amendments increase program fees by 55%.

     Reasons Supporting Proposal: RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of program operations. The increase will enable the program to operate and conduct inspections in a timely manner, ensuring public health and safety in these facilities.

     Name of Agency Personnel Responsible for Drafting and Implementation: Bliss Moore, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6660; and Enforcement: Gary Bennett, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6652.

     Name of Proponent: Department of Health, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Amends fees for alcoholism treatment facilities, adult residential rehabilitation centers and private adult treatment homes, and state institution survey programs. The increase is anticipated to fully maintain program activities as required by statute.

     Proposal Changes the Following Existing Rules: The proposal increases fees by 55%.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310(4) and, therefore does not require a small business economic impact statement. However, the department prepared a fee study which provides documentation of the need for the fee increase. To obtain a copy of the fee study, contact Yvette Lenz at the address above.

     RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, does not apply to rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

     Hearing Location: Department of Health, Facilities and Services Licensing, Training Room, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, on July 23, 2002, at 9:30 a.m.

     Assistance for Persons with Disabilities: Contact Yvette Lenz by July 18, 2002, TDD (800) 833-6388, or (360) 705-6661.

     Submit Written Comments to: Yvette Lenz, Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.lenz@doh.wa.gov, website www3.doh.wa.gov/policyreview, fax (360) 705-6654, by July 23, 2002.

     Date of Intended Adoption: July 30, 2002.

M. C. Selecky

Secretary

OTS-5684.1


AMENDATORY SECTION(Amending WSR 01-15-091, filed 7/18/01, effective 8/18/01)

WAC 246-326-990   Fees.   Alcoholism treatment facilities licensed under chapter 71.12 RCW shall:

     (1) Submit an annual fee of ((eighty-two dollars and seventy cents)) one hundred twenty-eight dollars for each bed space within the licensed bed capacity of the alcoholism treatment facility to the department;

     (2) Include all bed spaces in rooms complying with physical plant and movable equipment requirements for twenty-four-hour assigned patient rooms; and

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

[Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, § 246-326-990, 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, § 246-326-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, § 246-326-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-12-028 (Order 273), § 246-326-990, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-326-990, filed 12/27/90, effective 1/31/91.]

OTS-5683.1


AMENDATORY SECTION(Amending WSR 01-15-091, filed 7/18/01, effective 8/18/01)

WAC 246-325-990   Fees.   Adult residential rehabilitation centers (ARRC) licensed under chapter 71.12 RCW shall:

     (1) Submit an annual fee of ((eighty-two dollars and seventy cents)) one hundred twenty-eight dollars for each bed space within the licensed bed capacity of the ARRC;

     (2) Include all bed spaces in rooms complying with physical plant and movable equipment requirements in this chapter for client sleeping rooms; and

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

[Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, § 246-325-990, 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, § 246-325-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, § 246-325-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-15-048 (Order 287), § 246-325-990, filed 7/10/92, effective 8/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), § 246-325-990, filed 12/27/90, effective 1/31/91.]

OTS-5707.1


AMENDATORY SECTION(Amending Order 204, filed 10/18/91, effective 11/18/91)

WAC 246-380-990   Fees.   An annual health and sanitation survey fee for community colleges, ferries, and other state of Washington institutions and facilities shall be assessed as follows:


Annual Fee

Per Facility
(1) Food Service
(a) As defined in WAC 246-215-009(12) food service establishments or concessions in community colleges, ferries, or any other state of Washington facility preparing potentially hazardous foods. This shall include dockside food establishments directly providing food for the Washington state ferry system. $ ((355)) 550
(b) Food service establishments or concessions that do not prepare potentially hazardous foods. $ ((178)) 276
(c) The health and sanitation survey fee referenced in subsection (a) and (b) of this section may be waived provided there is an agreement between the department of health and the local jurisdictional health agency for the local health agency to conduct the food service establishments surveys.
(2) State institutions or facilities.
(a) Institutions or facilities operating a food service: The annual fee shall be ((five)) nine dollars ((and fifty cents)) times the population count plus ((three)) five hundred ((fifty-five)) fifty dollars. The population count shall mean the average daily population for the past twelve months (January through December).
(b) Institutions or facilities that do not operate a food service: The annual fee shall be ((five)) nine dollars ((and fifty cents)) times the population count.
(c) The population count for a new institution shall mean the average projected daily population for the first twelve months of operation.

[Statutory Authority: RCW 43.20B.020. 91-21-075 (Order 204), § 246-380-990, filed 10/18/91, effective 11/18/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-380-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-14-066 (Order 2493), § 440-44-076, filed 7/1/87; 85-13-007 (Order 2238), § 440-44-076, filed 6/7/85.]

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