WSR 03-22-020

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed October 27, 2003, 10:20 a.m. ]

Date of Adoption: October 15 [17], 2003.

Purpose: The amendments increase the fees for the attached programs by percentages allowable within I-601 limitations.

Citation of Existing Rules Affected by this Order: Amending WAC 246-310-990 Certificate of need review fees, 3.2%, 246-320-990 Acute care hospital fees, 3% increase, 246-322-990 Private psychiatric hospital fees, 3% increase, 246-324-990 Alcoholism hospital fees, 3% increase, 246-325-990 Adult residential rehabilitation center fees, 3.2%, 246-326-990 Alcoholism treatment facility fees, 3.2% increase, 246-329-990 Childbirth center fees, 3.2% increase, 246-335-990 In-home services fees, 3.2% increase, and 246-380-990 Survey fees for institutions and facilities, 3.2% increase.

Statutory Authority for Adoption: RCW 43.70.250 and 70.38.105(5).

Adopted under notice filed as WSR 03-18-092 on September 2, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 9, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

M. C. Selecky

Secretary

OTS-6455.2


AMENDATORY SECTION(Amending WSR 02-13-061, filed 6/14/02, effective 7/15/02)

WAC 246-324-990   Fees.   The licensee shall submit:

(1) An initial fee of ((fifty-one)) fifty-three dollars and ((eighty-five)) forty cents for each bed space within the proposed licensed bed capacity; and

(2) An annual renewal fee of ((fifty-one)) fifty-three dollars and ((eighty-five)) forty cents for each licensed bed space.

[Statutory Authority: RCW 43.70.250. 02-13-061, 246-324-990, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-092, 246-324-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 43.70.250 and 43.20B.020. 99-24-060, 246-324-990, filed 11/29/99, effective 12/30/99. Statutory Authority: Chapter 71.12 RCW and RCW 43.60.040. 95-22-013, 246-324-990, filed 10/20/95, effective 11/20/95.]

OTS-6453.1


AMENDATORY SECTION(Amending WSR 02-13-061, filed 6/14/02, effective 7/15/02)

WAC 246-320-990   Fees.   Hospitals licensed under chapter 70.41 RCW shall:

(1) Submit an annual license fee of ((eighty-four)) eighty-six dollars and ((thirty)) eighty cents for each bed space within the licensed bed capacity of the hospital to the department;

(2) Include all bed spaces in rooms complying with physical plant and movable equipment requirements of this chapter for twenty-four-hour assigned patient rooms;

(3) Include neonatal intensive care bassinet spaces;

(4) Include bed spaces assigned for less than twenty-four-hour patient use as part of the licensed bed capacity when:

(a) Physical plant requirements of this chapter are met without movable equipment; and

(b) The hospital currently possesses the required movable equipment and certifies this fact to the department;

(5) Exclude all normal infant bassinets;

(6) Limit licensed bed spaces as required under chapter 70.38 RCW;

(7) Submit an application for bed additions to the department for review and approval under chapter 70.38 RCW subsequent to department establishment of the hospital licensed bed capacity; and

(8) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250. 02-13-061, 246-320-990, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 70.41.100, 43.20B.110, and 43.70.250. 01-20-119, 246-320-990, filed 10/3/01, effective 11/3/01; 99-24-096, 246-320-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 70.41.030 and 43.70.040. 99-04-052, 246-320-990, filed 1/28/99, effective 3/10/99.]

OTS-6454.1


AMENDATORY SECTION(Amending WSR 02-13-061, filed 6/14/02, effective 7/15/02)

WAC 246-322-990   Private psychiatric hospital fees.   Private psychiatric hospitals licensed under chapter 71.12 RCW shall:

(1) Submit an annual fee of ((fifty-one)) fifty-three dollars and ((eighty-five)) forty cents for each bed space within the licensed bed capacity of the hospital to the department;

(2) Include all bed spaces and rooms complying with physical plant and movable equipment requirements of this chapter for twenty-four-hour assigned patient rooms;

(3) Include bed spaces assigned for less than twenty-four-hour patient use as part of the licensed bed capacity when:

(a) Physical plant requirements of this chapter are met without movable equipment; and

(b) The private psychiatric hospital currently possesses the required movable equipment and certifies this fact to the department;

(4) Limit licensed bed spaces as required under chapter 70.38 RCW;

(5) Submit applications for bed additions to the department for review and approval under chapter 70.38 RCW subsequent to department establishment of the private psychiatric hospital's licensed bed capacity; and

(6) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250. 02-13-061, 246-322-990, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-092, 246-322-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 43.70.250 and 43.20B.020. 99-24-060, 246-322-990, filed 11/29/99, effective 12/30/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-322-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-12-028 (Order 273), 246-322-990, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-322-990, filed 12/27/90, effective 1/31/91.]

OTS-6491.1


AMENDATORY SECTION(Amending WSR 02-20-040, filed 9/24/02, effective 11/1/02)

WAC 246-325-990   Fees.   Adult residential rehabilitation centers (ARRC) licensed under chapter 71.12 RCW shall:

(1) Submit an annual fee of one hundred ((twenty-eight)) thirty-two dollars and ten cents for each bed space within the licensed bed capacity of the ARRC;

(2) Include all bed spaces in rooms complying with physical plant and movable equipment requirements in this chapter for client sleeping rooms; and

(3) Set up twenty-four-hour assigned client beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-20-040, 246-325-990, filed 9/24/02, effective 11/1/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, 246-325-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 71.12.470, 43.70.110, 43.70.250 and 43.208.020. 99-24-094, 246-325-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-325-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-15-048 (Order 287), 246-325-990, filed 7/10/92, effective 8/10/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-325-990, filed 12/27/90, effective 1/31/91.]

OTS-6492.1


AMENDATORY SECTION(Amending WSR 02-20-040, filed 9/24/02, effective 11/1/02)

WAC 246-326-990   Fees.   Alcoholism treatment facilities licensed under chapter 71.12 RCW shall:

(1) Submit an annual fee of one hundred ((twenty-eight)) thirty-two dollars and ten cents for each bed space within the licensed bed capacity of the alcoholism treatment facility to the department;

(2) Include all bed spaces in rooms complying with physical plant and movable equipment requirements for twenty-four-hour assigned patient rooms; and

(3) Set up twenty-four-hour assigned patient beds only within the licensed bed capacity approved by the department.

[Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-20-040, 246-326-990, filed 9/24/02, effective 11/1/02. Statutory Authority: RCW 71.12.470, 43.70.110 and 43.70.250. 01-15-091, 246-326-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 71.12.470, 43.70.110, 43.70.250 and 43.208.020. 99-24-094, 246-326-990, filed 11/30/99, effective 12/31/99. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-326-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 43.70.250. 92-12-028 (Order 273), 246-326-990, filed 5/28/92, effective 6/28/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-326-990, filed 12/27/90, effective 1/31/91.]

OTS-6493.1


AMENDATORY SECTION(Amending WSR 02-13-061, filed 6/14/02, effective 7/15/02)

WAC 246-329-990   Fees.   Childbirth centers licensed under chapter 18.46 RCW shall submit an annual fee of five hundred ((thirty)) forty-seven dollars and eighty cents to the department unless a center is a charitable, nonprofit, or government-operated institution under RCW 18.46.030.

[Statutory Authority: RCW 43.70.250. 02-13-061, 246-329-990, filed 6/14/02, effective 7/15/02. Statutory Authority: RCW 18.46.030, 43.70.110 and 43.70.250. 01-15-090, 246-329-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-329-990, filed 12/27/90, effective 1/31/91.]

OTS-6494.1


AMENDATORY SECTION(Amending WSR 02-18-026, filed 8/23/02, effective 10/1/02)

WAC 246-335-990   Fees.   (1) A licensee or applicant shall submit to the department:

(a) An initial twelve-month license fee of one thousand five hundred forty-eight dollars for each service category for new persons not currently licensed in that category to provide in-home services in Washington state, or currently licensed businesses which have had statement of charges filed against them;

(b) A twenty-four month 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, or the number of beds, as follows:

(c) For single service category licenses:

# of FTEs Home Health Hospice Home Care # of Beds Hospice Care Center
5 or less $((1,500.00)) 1,548.00 $((750.00)) 774.00 $((450.00)) 464.40 5 or less $((500.00)) 516.00
6 to 15 $((2,110.00)) 2,177.50 $((790.00)) 815.30 $((815.00)) 841.10 6 to 10 $((1,000.00)) 1,032.00
16 to 50 $((2,400.00)) 2,476.80 $((1,174.99)) 1,212.60 $((875.00)) 903.00 11 to 15 $((1,500.00)) 1,548.00
51 to 100 $((3,025.00)) 3,121.80 $((1,882.29)) 1,942.50 $((1,025.00)) 1,057.80 16 to 20 $((2,000.00)) 2,064.00
101 or more $((3,115.00)) 3,214.70 $((1,980.00)) 2,043.40 $((1,100.00)) 1,135.20

(d) For multiple service category licenses:

(i) One hundred percent of the home health category fee and seventy-five percent of the appropriate service category fee for each additional service category (hospice, home care, hospice care center); or

(ii) One hundred percent of the hospice category fee and seventy-five percent of the appropriate service category fee for each additional service category (home care, hospice care center); and

(e) A change of ownership fee of one hundred ((fifty)) fifty-four dollars and eighty cents for each licensed service category. A new license will be issued and valid for the remainder of the current license period.

(2) The department may charge and collect from a licensee a fee of seven hundred ((fifty)) seventy-four dollars for:

(a) A second on-site visit resulting from failure of the licensee 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.

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

(4) A licensee shall submit an additional late fee in the amount of twenty-five dollars and eighty cents per day, not to exceed five hundred dollars, from the renewal date (which is thirty days before the current license expiration date) until the date of mailing the fee, as evidenced by the postmark.

[Statutory Authority: Chapter 70.127 RCW. 02-18-026, 246-335-990, filed 8/23/02, effective 10/1/02.]

OTS-6495.1


AMENDATORY SECTION(Amending WSR 02-20-040, filed 9/24/02, effective 11/1/02)

WAC 246-380-990   Fees.   An annual health and sanitation survey fee for community colleges, ferries, and other state of Washington institutions and facilities shall be assessed as follows:


Annual Fee

Per Facility

(1) Food Service
(a) As defined in WAC 246-215-009(12) food service establishments or concessions in community colleges, ferries, or any other state of Washington facility preparing potentially hazardous foods. This shall include dockside food establishments directly providing food for the Washington state ferry system. $ ((550)) 567.60
(b) Food service establishments or concessions that do not prepare potentially hazardous foods. $ ((276)) 284.80
(c) The health and sanitation survey fee referenced in subsection (a) and (b) of this section may be waived provided there is an agreement between the department of health and the local jurisdictional health agency for the local health agency to conduct the food service establishments surveys.
(2) State institutions or facilities.
(a) Institutions or facilities operating a food service: The annual fee shall be nine dollars times the population count plus five hundred ((fifty)) sixty-seven dollars and sixty cents. The population count shall mean the average daily population for the past twelve months (January through December).
(b) Institutions or facilities that do not operate a food service: The annual fee shall be nine dollars times the population count.
(c) The population count for a new institution shall mean the average projected daily population for the first twelve months of operation.

[Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-20-040, 246-380-990, filed 9/24/02, effective 11/1/02. Statutory Authority: RCW 43.20B.020. 91-21-075 (Order 204), 246-380-990, filed 10/18/91, effective 11/18/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-380-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-14-066 (Order 2493), 440-44-076, filed 7/1/87; 85-13-007 (Order 2238), 440-44-076, filed 6/7/85.]

OTS-6490.2


AMENDATORY SECTION(Amending WSR 03-07-096, filed 3/19/03, effective 4/19/03)

WAC 246-310-990   Certificate of need review fees.   (1) An application for a certificate of need under chapter 246-310 WAC must include payment of a fee consisting of the following:

(a) A review fee based on the facility/project type;

(b) If more than one facility/project type applies to an application, the review fee for each type of facility/project must be included.


Facility/Project Type Review Fee
Ambulatory Surgical Centers/Facilities $((12,964)) 13,379.00
Amendments to Issued Certificates of Need $((8,171)) 8,432.00
Emergency Review $((5,259))

5,427.00

Exemption Requests
Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs) $((5,259))

5,427.00

Bed Banking/Conversions $((856))

883.00

Determinations of Nonreviewability $((1,222))

1,261.00

Hospice Care Center $((1,101))

1,136.00

Nursing Home Replacement/Renovation Authorizations $((1,101))

1,136.00

Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations) $((1,101))

1,136.00

Rural Hospital/Rural Health Care Facility $((1,101)) 1,136.00
Extensions
Bed Banking $((489))

505.00

Certificate of Need/Replacement Renovation Authorization Validity Period $((489))

505.00

Home Health Agency $((15,654)) 16,155.00
Hospice Agency $((13,942)) 14,388.00
Hospice Care Centers $((8,171)) 8,432.00
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) $((25,684)) 26,506.00
Kidney Disease Treatment Centers $((15,900)) 16,409.00
Nursing Homes (Including CCRCs and TCUs) $((29,354)) 30,293.00

(2) The fee for amending a pending certificate of need application is determined as follows:

(a) If an amendment to a pending certificate of need application results in the addition of one or more facility/project types, the review fee for each additional facility/project type must accompany the amendment application;

(b) If an amendment to a pending certificate of need application results in the removal of one or more facility/project types, the department shall refund to the applicant the difference between the review fee previously paid and the review fee applicable to the new facility/project type; or

(c) If an amendment to a pending certificate of need application results in any other change as identified in WAC 246-310-100, a fee of one thousand three hundred ((nine)) fifty-one dollars must accompany the amendment application.

(3) If a certificate of need application is returned by the department under WAC 246-310-090 (2)(b) or (e), the department shall refund seventy-five percent of the review fees paid.

(4) If an applicant submits a written request to withdraw a certificate of need application before the beginning of review, the department shall refund seventy-five percent of the review fees paid by the applicant.

(5) If an applicant submits a written request to withdraw a certificate of need application after the beginning of review, but before the beginning of the ex parte period, the department shall refund one-half of all review fees paid.

(6) If an applicant submits a written request to withdraw a certificate of need application after the beginning of the ex parte period the department shall not refund any of the review fees paid.

(7) Review fees for exemptions and extensions are nonrefundable.

[Statutory Authority: Chapters 70.127 and 70.38 RCW. 03-07-096, 246-310-990, filed 3/19/03, effective 4/19/03. Statutory Authority: RCW 70.38.105 and 2002 c 371. 02-14-051, 246-310-990, filed 6/27/02, effective 7/28/02. Statutory Authority: RCW 70.38.105(5) and 43.70.110. 01-15-094, 246-310-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 70.38.105(5). 99-23-089, 246-310-990, filed 11/16/99, effective 12/17/99. Statutory Authority: Chapter 70.38 RCW. 96-24-052, 246-310-990, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 70.38.135, 43.70.250 and 70.38.919. 92-02-018 (Order 224), 246-310-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-310-990, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 70.38 RCW. 90-15-001 (Order 070), 440-44-030, filed 7/6/90, effective 8/6/90. Statutory Authority: RCW 43.20A.055. 89-21-042 (Order 2), 440-44-030, filed 10/13/89, effective 11/13/89; 87-16-084 (Order 2519), 440-44-030, filed 8/5/87; 87-12-049 (Order 2494), 440-44-030, filed 6/1/87; 84-13-006 (Order 2109), 440-44-030, filed 6/7/84; 83-21-015 (Order 2037), 440-44-030, filed 10/6/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-030, filed 6/4/82.]

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