Original Notice.

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

     Title of Rule and Other Identifying Information: Licensing fees for WAC 246-337-990 Residential treatment facilities.

     These sections establish licensure fees for residential treatment facilities. The fees paid by these facilities support the licensure, survey and complaint investigation activities within the department.

     RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of programs operations.

     Hearing Location(s): Point Plaza East, 310 Israel Road S.E., Room 152, Tumwater, WA 98501, on October 25, 2005, at 9:30 a.m.

     Date of Intended Adoption: November 7, 2005.

     Submit Written Comments to: Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, web site www3.doh.wa.gov/policyreview, fax (360) 236-2901, by October 24, 2005.

     Assistance for Persons with Disabilities: Contact Alisa Harris by October 21, 2005, TTY (800) 833-6388 or (360) 236-2907.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to the current rules increase fees for residential treatment facilities by 2.82% which is allowable with the current fiscal growth factor.

     This proposal also allows for an initial applicant to request, prior to licensure, options for withdrawal of an application and refund. Currently, the department has no refund policy for applications that are withdrawn prior to licensure.

     The purpose of the fee increase is to support the licensure, survey and complaint investigations of the residential treatment facility program within the facilities and services licensing division. The fee increase will allow this program to continue their current level of public health activities during fiscal year 2006.

     Reasons Supporting Proposal: The department is requesting fee increases by percentages allowable with the fiscal growth factor (consistent with I-601). The fee increases are necessary for the department to fulfill its public health obligation in these programs.

     Statutory Authority for Adoption: RCW 43.70.250, chapter 71.12 RCW.

     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, Implementation 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 does not require a small business economic impact statement (SBEIS). The requirements for an SBEIS do not apply to rules described under RCW 34.05.310 (4)(f), rules that adopt fees or rates pursuant to legislative standards. However, the department prepared fee analyses which provide documentation of the need for the fee increases. To obtain a copy of a fee analysis, contact Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-2907, fax (360) 236-2901, e-mail alisa.harris@doh.wa.gov.

     A cost-benefit analysis is not required under RCW 34.05.328. The department did not complete a cost-benefit analysis. This rule proposal is exempt from this requirement under RCW 34.05.328 (5)(b)(iv) and (vi), rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rules that set or adjust fees or rates pursuant to legislative standards.

September 14, 2005

Mary C. Selecky

Secretary

OTS-8264.2

AMENDATORY SECTION(Amending WSR 05-15-157, filed 7/20/05, effective 8/20/05)

WAC 246-337-990   Licensing fees.   A licensee must submit the following fees to the department:

FEE TYPE	AMOUNT
Administrative processing/ initial application fee	$150.00
License bed fee (per bed)	$((136.10)) 139.90
Annual renewal fee (per bed)	$((136.10)) 139.90
Late fee (per bed)	$25.00 (up to $500.00)
Follow-up compliance survey fee or a complete on-site survey fee resulting from a substantiated complaint	$1000.00

     ((If a written request is submitted for withdrawal after the department has begun the licensure review process, but before licensure, the department may refund any portion of the fees not consumed by departmental action taken prior to the request for withdrawal.)) (1) The department shall refund fees paid by the applicant for initial licensure if:

     (a) The department has received an application but has not conducted an on-site survey or provided technical assistance. The department shall refund two-thirds of the fees paid, less a fifty dollar processing fee;

     (b) The department has received an application and has conducted an on-site survey or provided technical assistance. The department shall refund one-third of the fees paid, less a fifty dollar processing fee.

     (2) The department will not refund fees paid by the applicant if:

     (a) The department has conducted more than one on-site visit for any purpose;

     (b) One year has elapsed since the department received an initial licensure application, and the department has not issued a license because the applicant failed to complete requirements for licensure; or

     (c) The amount to be refunded as calculated by subsection (1)(a) or (b) of this section is ten dollars or less.

[Statutory Authority: Chapter 71.12 RCW. 05-15-157, § 246-337-990, filed 7/20/05, effective 8/20/05.]

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