WSR 97-11-087

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed May 21, 1997, 11:55 a.m.]

Original Notice.

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

Title of Rule: Home health, hospice and home care licensing fees, WAC 246-327-990, 246-331-990, and 246-336-990.

Purpose: Adjust fees to cover program costs.

Statutory Authority for Adoption: RCW 43.70.110 and 43.70.250.

Statute Being Implemented: RCW 43.70.110 and 43.70.250.

Summary: The department is adjusting home health, home care and hospice agencies' licensing fees to cover actual program operating costs.

Reasons Supporting Proposal: Fees are based upon the cost of regulatory activity which includes salaries and benefits, goods and services such as rent, telephone and mail, printing, training, attorney general support; travel and equipment; and indirect costs.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Fern Bettridge, Program Manager, 2725 Harrison Avenue N.W., Olympia, 98502, (360) 705-6620.

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: The amendments will increase licensing fees 3.94% to cover actual costs of operating the regulatory program for home health, hospice and home care licensing fees.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

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 an economic analysis identifying the necessity of the 3.94% fee increase.

Section 201, chapter 403, Laws of 1995, 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: Facilities and Services Licensing, Target Plaza, Training Room, 2725 Harrison Avenue, Olympia, WA 98502, on June 27, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jennell Prentice by June 13, 1997, TDD (360) 664-0064, or (360) 705-6661.

Submit Written Comments to: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, FAX (360) 705-6654.

Date of Intended Adoption: June 30, 1997.

May 21, 1997

Bruce A. Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 96-12-026, filed 5/30/96, effective 6/30/96)

WAC 246-327-990 Fees. (1) A licensee or applicant shall submit to the department:

(a) A biennial renewal fee based on the number of full-time equivalents (FTEs), which is a measurement based on a forty-hour week and is applicable to paid agency personnel or contractors, as follows:

(i) A base fee of ((three)) four hundred ((ninety-seven)) twelve dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, eight hundred ((twenty-seven)) fifty-nine dollars;

(B) Sixteen through fifty FTEs, ((nine hundred ninety-five)) one thousand thirty-four dollars; or

(C) Fifty-one or more FTEs, one thousand ((three hundred fifty-eight)) four hundred eleven dollars;

(b) ((A fee of one-half the fees specified in (a) of this subsection for an initial twelve-month license for:

(i) New firms;

(ii) Businesses not currently licensed to provide home health care in Washington state; or

(iii) Currently licensed businesses which have had statement of charges filed against them; and)) An initial twelve-month license fee for new firms, businesses not currently licensed to provide home health care in Washington state, or currently licensed businesses which have had statement of charges filed against them as follows:

(i) A base fee of two hundred six dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, four hundred twenty-nine dollars;

(B) Sixteen through fifty FTEs, five hundred sixteen dollars;

(C) Fifty-one or more FTEs, seven hundred five dollars; and

(c) A transfer of ownership fee of fifty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional hospice and/or home care license.

(3) The department may charge and collect from a licensee a fee of ((one hundred ninety-nine)) two hundred six dollars for:

(a) A second on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies;

(b) A complete on-site survey resulting from a substantiated complaint; or

(c) A follow-up compliance survey.

(4) A licensee with deemed status shall pay fees according to this section.

(5) A licensee shall submit an additional late fee in the amount of ten dollars per day, not to exceed cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.

[Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-026, 246-327-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-327-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-136, 246-327-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-327-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-327-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-327-990, filed 12/27/90, effective 1/31/91.]

AMENDATORY SECTION (Amending WSR 96-12-025, filed 5/30/96, effective 6/30/96)

WAC 246-331-990 Fees. (1) A licensee or applicant shall submit to the department:

(a) A biennial renewal fee based on the number of full-time equivalents (FTEs), which is a measurement based on a forty-hour week and is applicable to paid agency personnel or contractors, as follows:

(i) A base fee of ((three hundred ninety-seven)) four hundred twelve dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, two hundred ((ten)) eighteen dollars;

(B) Sixteen through fifty FTEs, five hundred ((six)) twenty-five dollars; or

(C) Fifty-one or more FTEs, one thousand ((forty-eight)) eighty-nine dollars;

(b) ((A fee of one-half the fees specified in (a) of this subsection for an initial twelve-month license for:

(i) New firms;

(ii) Businesses not currently licensed to provide hospice care in Washington state; or

(iii) Currently licensed businesses which have had statement of charges filed against them; and)) An initial twelve-month license fee for new firms, businesses not currently licensed to provide hospice care in Washington state, or currently licensed businesses which have had statement of charges filed against them as follows:

(i) A base fee of two hundred six dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred nine dollars;

(B) Sixteen through fifty FTEs, two hundred sixty-two dollars;

(C) Fifty-one or more FTEs, five hundred forty-three dollars; and

(c) A transfer of ownership fee of fifty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional home health and/or home care license.

(3) The department may charge and collect from a licensee a fee of ((one hundred ninety-nine)) two hundred six dollars for:

(a) A second on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies;

(b) A complete on-site survey resulting from a substantiated complaint; or

(c) A follow-up compliance survey.

(4) A licensee with deemed status shall pay fees according to this section.

(5) A licensee shall submit an additional late fee in the amount of ten dollars per day, not to exceed the cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.

[Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-025, 246-331-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-331-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-138, 246-331-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-331-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-331-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-331-990, filed 12/27/90, effective 1/31/91.]

AMENDATORY SECTION (Amending WSR 96-12-028, filed 5/30/96, effective 6/30/96)

WAC 246-336-990 Fees. (1) A licensee or applicant shall submit to the department:

(a) A biennial renewal fee based on the number of full-time equivalents (FTEs), which is a measurement based on a forty-hour week and is applicable to paid agency personnel or contractors, as follows:

(i) A base fee of two hundred ((sixty-four)) seventy-four dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((forty)) forty-five dollars;

(B) Sixteen through fifty FTEs, one hundred ((sixty-nine)) seventy-five dollars; or

(C) Fifty-one or more FTEs, two hundred ((forty-two)) fifty-one dollars;

(b) An initial twelve-month license fee for new firms, businesses not currently licensed to provide home care in Washington state, or currently licensed businesses which have had statement of charges filed against them as follows:

(i) A base fee of ((one hundred ninety-nine)) two hundred six dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((five)) nine dollars;

(B) Sixteen through fifty FTEs, one hundred ((twenty-seven)) thirty-two dollars;

(C) Fifty-one or more FTEs, one hundred ((eighty-five)) ninety-two dollars; and

(c) A transfer of ownership fee of fifty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional home health and/or hospice license.

(3) The department may charge and collect from a licensee a fee of one hundred ((eighty-nine)) ninety-six dollars for:

(a) A second on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies; and

(b) A complete on-site survey resulting from a substantiated complaint; or

(c) A follow-up compliance survey.

(4) A licensee with deemed status shall pay fees according to this section.

(5) A licensee shall submit an additional late fee in the amount of ten dollars per day, not to exceed the cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.