12-05-090

WSR 12-05-090

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed February 17, 2012, 1:03 p.m. , effective March 19, 2012 ]

     Effective Date of Rule: Thirty-one days after filing.

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

     Citation of Existing Rules Affected by this Order: Repealing WAC 388-865-0474 and 388-865-0516.

     Statutory Authority for Adoption: RCW 43.20B.110, 43.135.055, and 71.24.035.

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

      Adopted under notice filed as WSR 12-01-110 on December 21, 2011.

     Changes Other than Editing from Proposed to Adopted Version: WAC 388-865-0103(1) The department charges the following ... for approved mental health treatment programs:

     WAC 388-865-0103 (table).

     New Agency Initial Licensing Application Fee for Approved Mental Health Treatment Programs.

     Licensing application fee for residential and nonresidential services -- New agencies.

     $1000 $1,000 initial licensing fee.

     Agencies not Certified through Deeming: Residential Services Initial and Annual Certification Fees.

     Evaluation and treatment (E&T) residential bed fees.

     $90 initial certification fee, per licensed bed.

     $90 annual certification fee, per licensed bed.

     Agencies not Licensed through Deeming: Nonresidential Services -- Initial and Annual Licensing Fees for Agencies not Deemed.

     49,000 49,999.

     Deemed agencies: Residential and Nonresidential Services -- Renewal Annual Licensing Fees for Deemed Agencies.

     $500 annual licensing fee.

     $1,000 per substantiated complaint/incident investigation and $1,000 per substantiated incident investigation.

     WAC 388-865-0103 (4)(a) Added initial and struck upon the receipt of the applicant.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 2.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.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 1, Amended 0, Repealed 2.

     Date Adopted: February 13, 2012.

Katherine I. Vasquez

Rules Coordinator

4323.5
NEW SECTION
WAC 388-865-0103   Fee requirements for mental health treatment programs.   (1) The department charges the following fees to reimburse costs for its licensing and certification activities for mental health treatment programs:

Initial Licensing Application Fee for Mental Health Treatment Programs
Licensing application fee	$1,000 initial licensing fee
Initial and Annual Certification Fees
Evaluation and treatment (E&T) bed fees	$90 initial certification fee, per bed $90 annual certification fee, per bed
Initial and Annual Licensing Fees for Agencies not Deemed
Annual service hours provided:	Initial and annual licensing fees:
0 - 3,999	$728
4,000 - 14,999	$1,055
15,000 - 29,999	$1,405
30,000 - 49,999	$2,105
50,000 or more	$2,575
Annual Licensing Fees for Deemed Agencies
Deemed agencies licensed by DBHR	$500 annual licensing fee
Complaint/Incident Investigation Fee
All residential and nonresidential agencies	$1,000 per substantiated complaint investigation and $1,000 per substantiated incident investigation

     (2) Initial and annual licensing/certification fees identified in the table in subsection (1) of this section must:

     (a) Be sent with an initial application or with an annual license/certification renewal.

     (b) Cover a minimum of one year.

     (c) Be made payable to the division of behavioral health and recovery by check, electronic fund transfer, or money order.

     (3) Failure to pay fees when due will result in suspension or denial of the license/certification.

     (4) The department:

     (a) May refund one-half of the fees submitted with an initial application if the application is withdrawn before the department issues the license.

     (b) Will not refund fees when a license or certificate is denied, revoked, or suspended.

     (c) Requires a new license and payment of fees for a change in agency ownership.

     (5) Agencies providing nonresidential services must report the number of annual service hours provided based on the division of behavioral health and recovery's (DBHR's) current published "Service Encounter Reporting Instructions for RSNs" and the "Consumer Information System (CIS) Data Dictionary for RSNs." These publications are available at the DBHR website at: http://www.dshs.wa.gov/dbhr/mhpublications.shtml.

     (a) Existing licensed agencies must compute the annual service hours based on the most recent state fiscal year.

     (b) Newly licensed agencies must compute the annual service hours by projecting the service hours for the first twelve months of operation.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 388-865-0474	Fees for community support service provider licensure.
WAC 388-865-0516	Certification fees.