12-02-017

WSR 12-02-017

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed December 27, 2011, 11:45 a.m. , effective December 27, 2011, 11:45 a.m. ]

     Effective Date of Rule: Immediately.

     Purpose: Under the 2011-13 omnibus operating budget, the department must establish certification fees at an amount adequate to reimburse costs for its certification and regulation activities for approved chemical dependency treatment programs.

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-805-080 and 388-805-090; and amending WAC 388-805-085 and 388-805-100.

     Statutory Authority for Adoption: RCW 43.135.055 and 70.96A.090.

     Other Authority: 2011-13 omnibus operating budget (2ESHB 1087).

     Under RCW 34.05.350 the agency for good cause finds that in order to implement the requirements or reductions in appropriations enacted in any budget for fiscal year 2009, 2010, 2011, 2012 or 2013, which necessitates the need for the immediate adoption, amendment, or repeal of a rule, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the fiscal needs or requirements of the agency.

     Reasons for this Finding: Emergency rule adoption is required in order for the department to comply with section 208 of 2ESHB 1087, which requires the department to increase fees for the review and approval of treatment programs in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program. Providers with proof of accreditation for programs will have fees that reflect a lower cost of certifying them. The law directs the increased fees to be implemented in fiscal years 2012 and 2013 as necessary to support the costs of the regulatory program.

     This emergency filing replaces the emergency rule filed as WSR 11-18-038 on August 31, 2011. The CR-101 for the permanent rule was filed as WSR 11-18-073 on September 6, 201 [2011]. The CR-102 is expected to be filed December 21, 2011, with the public hearing to be held January 24, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 2.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.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 2.

     Date Adopted: December 15, 2011.

Katherine I. Vasquez

Rules Coordinator

4321.2
AMENDATORY SECTION(Amending WSR 06-11-096, filed 5/17/06, effective 6/17/06)

WAC 388-805-085   ((What are the fees for agency certification?)) What are the fee requirements for chemical dependency treatment programs?   (1) ((Application fees:))

(((a) New agency))	(($500))
(((b) Branch agency))	(($500))
(((c) Application for adding one or more services))	(($200))
(((d) Change in ownership))	(($500))

     (((2) Initial and annual certification fees:))

(((a) For detoxification and residential services:))	(($26 per licensed bed))
(((b) For nonresidential services:))
(((i) Large size agencies: 3,000 or more patients served per year))	(($1,125 per year))
(((ii) Medium size agencies: 1,000-2,999 patients served per year))	(($750 per year))
(((iii) Small size agencies: 0-999 patients served per year))	(($375 per year))
(((c) For agencies certified through deeming per WAC 388-805-115))	(($200 per year))

     (((3) Each year providers must complete a declaration form provided by the department indicating the number of patients served annually, the provider's national accreditation status, and other information necessary for establishing fees and updating certification information)) The department charges the following fees for approved chemical dependency treatment programs:

Application Fees for Agency Certification for Approved Chemical Dependency Treatment Programs
New agency application	$1,000
Branch agency application	$500
Application to add one or more services	$200
Application to change ownership	$500
Initial and Annual Certification Fees for Detoxification, Residential, and Nonresidential Services
Detoxification and residential services	$100 per licensed bed, per year, for agencies not renewing certification through deeming
	$50 per licensed bed, per year, for agencies renewing certification through deeming per WAC 388-805-115
Nonresidential services	$750 per year for agencies not renewing certification through deeming
	$200 per year for agencies certified through deeming per WAC 388-805-115
Complaint/Incident Investigation Fees
All agencies	$1,000 per substantiated complaint/incident investigation

     (2) Agency providers must pay fees:

     (a) Within thirty days of receiving an invoice from the department.

     (b) By check, draft, or money order made payable to the department of social and health services.

     (3) The department:

     (a) May refund one-half of the application fee if an application is withdrawn before certification or denial.

     (b) Will not refund fees when certification is denied, revoked, or suspended.

     (4) Agency providers must annually complete a declaration form provided by the department to indicate information necessary for establishing fees and updating certification information. Required information includes, but is not limited to:

     (a) The number of licensed detoxification and residential beds; and

     (b) The agency provider's national accreditation status.

[Statutory Authority: RCW 70.96A.090, 70.96A.142, 70.96A.157, chapter 70.96A RCW, 2004 c 166, 2005 c 70 and 504, 42 C.F.R. Parts 2 and 8. 06-11-096, § 388-805-085, filed 5/17/06, effective 6/17/06. Statutory Authority: RCW 70.96A.090, chapter 70.96A RCW, 2001 c 242, 42 C.F.R. Part 8. 03-20-020, § 388-805-085, filed 9/23/03, effective 10/25/03. Statutory Authority: RCW 70.96A.090 and chapter 70.96A RCW. 00-23-107, § 388-805-085, filed 11/21/00, effective 1/1/01.]

AMENDATORY SECTION(Amending WSR 08-24-083, filed 12/1/08, effective 1/1/09)

WAC 388-805-100   What do I need to do to maintain agency certification?   A service provider's continued certification and renewal is contingent upon:

     (1) Completion of an annual declaration of certification.

     (2) Payment of certification fees((, if applicable)).

     (3) Providing the essential requirements for chemical dependency treatment, including the following elements:

     (a) Treatment process:

     (i) Assessments, as described in WAC 388-805-310;

     (ii) Treatment planning, as described in WAC 388-805-315 (2)(a) and 388-805-325(11);

     (iii) Documenting patient progress, as described in WAC 388-805-315 (1)(b) and 388-805-325(13);

     (iv) Treatment plan reviews and updates, as described in WAC 388-805-315 (2)(a), 388-805-325(11) and 388-805-325 (13)(c);

     (v) Patient compliance reports, as described in WAC 388-805-315 (4)(b), 388-805-325(17), and 388-805-330;

     (vi) Continuing care, transfer summary and discharge planning, as described in WAC 388-805-315 (2)(c) and (d), (6)(a) and (b), and (7)(a), and 388-805-325 (18) and (19); and

     (vii) Conducting individual and group counseling, as described in WAC 388-805-315 (2)(b) and 388-805-325(13).

     (b) Staffing: Provide sufficient qualified personnel for the care of patients as described in WAC 388-805-140(5) and 388-805-145(5);

     (c) Facility:

     (i) Provide sufficient facilities, equipment, and supplies for the care and safety of patients as described in WAC 388-805-140 (5) and (6);

     (ii) If a residential provider, be licensed by the department of health as described by WAC 388-805-015 (1)(b).

     (4) Findings during periodic on-site surveys and complaint investigations to determine the provider's compliance with this chapter. During on-site surveys and complaint investigations, provider representatives must cooperate with department representatives to:

     (a) Examine any part of the facility at reasonable times and as needed;

     (b) Review and evaluate records, including patient clinical records, personnel files, policies, procedures, fiscal records, data, and other documents as the department requires to determine compliance; and

     (c) Conduct individual interviews with patients and staff members.

     (5) The provider must post the notice of a scheduled department on-site survey in a conspicuous place accessible to patients and staff.

     (6) The provider must correct compliance deficiencies found at such surveys immediately or as agreed by a plan of correction approved by the department.

[Statutory Authority: RCW 70.96A.040, chapter 70.96A RCW, and 42 C.F.R. Part 8. 08-24-083, § 388-805-100, filed 12/1/08, effective 1/1/09. Statutory Authority: RCW 70.96A.090, 70.96A.142, 70.96A.157, chapter 70.96A RCW, 2004 c 166, 2005 c 70 and 504, 42 C.F.R. Parts 2 and 8. 06-11-096, § 388-805-100, filed 5/17/06, effective 6/17/06. Statutory Authority: RCW 70.96A.090, chapter 70.96A RCW, 2001 c 242, 42 C.F.R. Part 8. 03-20-020, § 388-805-100, filed 9/23/03, effective 10/25/03. Statutory Authority: RCW 70.96A.090 and chapter 70.96A RCW. 00-23-107, § 388-805-100, filed 11/21/00, effective 1/1/01.]

REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 388-805-080	What are the fee requirements for certification?
WAC 388-805-090	May certification fees be waived?