DEPARTMENT OF HEALTH

[Filed April 21, 2025, 3:37 p.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Residential treatment facility (RTF) fee error correction. The department of health (department) is proposing a rule amendment to correct an error in the recently updated RTF fees, correcting the RTF renewal fee amount in WAC 246-337-990.

The department finalized rule making to increase RTF fees in April 2025, filed as WSR 25-08-069, to adequately fund inspection, investigation, and licensing programs to protect patients. Immediately after filing the rule, the department discovered an error in the rule text, where the former RTF renewal fee of $190 was not updated to reflect the new amount.

This proposed rule will amend the error in the RTF renewal fee amount.

Hearing Location(s): On May 28, 2025, at 11:00 a.m., via Zoom. Register in advance for this webinar at https://us02web.zoom.us/webinar/register/WN_Rl8yvDO9QJ6rNA_mYQYEeQ. After registering, you will receive a confirmation email containing information about joining the webinar.

The department will be offering a virtual webinar hearing only. Individuals may attend virtually or submit comments in writing.

Date of Intended Adoption: May 29, 2025.

Submit Written Comments to: Heather Cantrell, P.O. Box 47850, Olympia, WA 98504-7850, https://fortress.wa.gov/doh/policyreview, beginning the date and time of this filing, by May 27, 2025, 11:59 p.m.

Assistance for Persons with Disabilities: Contact Heather Cantrell, phone 360-236-4637, TTY 711, email HSQAfeerules@doh.wa.gov, by May 14, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing an amendment to WAC 246-337-990 regarding the annual renewal fee for RTFs to address an error made in the recent RTF fee change. A correction is needed to adequately capture the correct amount to fund inspection, investigation, and licensing programs to protect patients.

The requirement in RCW 43.70.250 states that fees must cover regulatory program expenses, which necessitates the program(s) to be self-funding and changes to rules are the only way to make fee adjustments.

Reasons Supporting Proposal: RCW 43.70.250 requires that fees must cover regulatory program expenses, which necessitates the program(s) to be self-funding and changes to rules are the only way to make fee adjustments. The proposed fees will address the incorrect amount in rule and will allow the department to address the costs and the reserve amounts needed. Not correcting this error would result in the department not fully complying with this requirement. The department will continue to monitor the finances and propose fee adjustments as needed.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, and 71.24.037.

Statute Being Implemented: RCW 43.70.110, 43.70.250, and 71.24.037.

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: Heather Cantrell, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4637; Implementation and Enforcement: Julie Tomaro, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-2937.

A school district fiscal impact statement is not required under RCW 28A.305.135.

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

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.

Explanation of exemptions: The proposed rules adjust fees and therefore are exempt under RCW 34.05.310 (4)(f).

Scope of exemption for rule proposal:

Kristin Peterson, JD

for Jessica Todorovich, MS

Acting Secretary of Health

AMENDATORY SECTION(Amending WSR 25-08-069, filed 4/1/25, effective 7/15/25)

WAC 246-337-990Licensing fees.

A licensee must submit the following fees to the department:

FEE TYPE	AMOUNT
Administrative processing/ initial application fee	$490.00
License bed fee (per bed)	$470.00
Annual renewal fee (per bed)	(($190.00))$470.00
Late fee (per bed)	$33.00 (up to $660.00)
Follow-up compliance survey fee or a complete on-site survey fee resulting from a substantiated complaint	$3,250.00

(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 $50 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 $50 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