WSR 01-22-062

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed November 1, 2001, 12:49 p.m. ]

Date of Adoption: September 10, 2001.

Purpose: The amendments increase the licensing fees for home health, hospice and home care agencies.

Citation of Existing Rules Affected by this Order: Amending WAC 246-327-990, 246-331-990, and 246-336-990.

Statutory Authority for Adoption: RCW 70.127.090, 43.20B.110, 43.70.250.

Adopted under notice filed as WSR 01-16-151 on August 1, 2001.

Changes Other than Editing from Proposed to Adopted Version: Based on comments received, the department reinstated the description of "FTE" and the "twelve month" time frame for an initial license. The stricken language for "biennial" is replaced with "twenty-four month."

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 3, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

October 31, 2001

Mary C. Selecky

Secretary

OTS-5024.2


AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98, effective 7/9/98)

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

(a) A ((biennial)) 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, as follows:

(i) ((A base fee of five hundred two dollars and sixty cents; and)) For five or less FTEs, seven hundred fifty dollars;

(ii) ((For agencies with:

(A) Fifteen or less FTEs, two hundred sixty-six dollars;

(B) Sixteen through fifty FTEs, six hundred forty dollars and fifty cents; or

(C) Fifty-one or more FTEs, one thousand three hundred twenty-eight dollars and sixty cents;)) For six to fifteen FTEs, seven hundred ninety dollars;

(iii) For sixteen to fifty FTEs, one thousand one hundred seventy-four dollars and ninety-nine cents;

(iv) For fifty-one to one hundred FTEs, one thousand eight hundred eighty-two dollars and twenty-nine cents;

(v) For one hundred one or more FTEs, one thousand nine hundred eighty dollars;

(b) An initial twelve-month license fee of one thousand five hundred dollars 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 fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred thirty-three dollars;

(B) Sixteen through fifty FTEs, three hundred nineteen dollars and sixty cents;

(C) Fifty-one or more FTEs, six hundred sixty-two dollars and forty cents)); and

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

(2) ((An applicant or licensee)) A licensee that has a home health license, shall pay seventy-five percent of the renewal fee listed in subsection (1)(a) of this section.

(3) A licensee that does not have a home health license shall pay ((one-half the base fee in addition to the full fee for FTEs)) seventy-five percent of the appropriate fee for each additional ((home health and/or)) home care license.

(((3))) (4) The department may charge and collect from a licensee a fee of ((two)) seven hundred fifty 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))) (5) A licensee with deemed status shall pay fees according to this section.

(((5))) (6) A licensee shall submit an additional late fee in the amount of ((ten)) twenty-five dollars per day, not to exceed ((the cost of the base fee)) 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: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-331-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-331-990, filed 7/21/97, effective 8/21/97. 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.]

OTS-5025.2


AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98, effective 7/9/98)

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

(a) A ((biennial)) 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, as follows:

(i) ((A base fee of three hundred thirty-four dollars and thirty cents; and)) For five or less FTEs, four hundred fifty dollars;

(ii) ((For agencies with:

(A) Fifteen or less FTEs, one hundred seventy-six dollars and eighty cents;

(B) Sixteen through fifty FTEs, two hundred thirteen dollars and forty cents; or

(C) Fifty-one or more FTEs, three hundred six dollars and twenty cents;)) For six to fifteen FTEs, eight hundred fifteen dollars;

(iii) For sixteen to fifty FTEs, eight hundred seventy-five dollars;

(iv) For fifty-one to one hundred FTEs, one thousand twenty-five dollars; and

(v) For one hundred one or more FTEs, one thousand one hundred dollars;

(b) An initial twelve-month license fee of one thousand five hundred dollars 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 two hundred fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred thirty-three dollars;

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

(C) Fifty-one or more FTEs, two hundred thirty-four dollars and twenty cents)); and

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

(2) ((An applicant or)) A licensee that has a home health and/or hospice license shall pay ((one-half the base fee in addition to the full fee for FTEs for each additional home health and/or hospice license)) seventy-five percent of the renewal fee listed in subsection (1)(a) of this section.

(3) The department may charge and collect from a licensee a fee of ((two)) seven hundred fifty 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)) twenty-five dollars per day, not to exceed ((the cost of the base fee)) three 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: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-336-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-336-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-028, 246-336-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-336-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-137, 246-336-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-336-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-336-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-336-990, filed 12/27/90, effective 1/31/91.]

OTS-5023.2


AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98, effective 7/9/98)

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

(a) A ((biennial)) 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, as follows:

(i) ((A base fee of five hundred two dollars and sixty cents; and)) For five or less FTEs, one thousand five hundred dollars;

(ii) ((For agencies with:

(A) Fifteen or less FTEs, one thousand forty-eight dollars;

(B) Sixteen through fifty FTEs, one thousand two hundred sixty-one dollars and fifty cents; or

(C) Fifty-one or more FTEs, one thousand seven hundred twenty-one dollars and forty cents;)) For six to fifteen FTEs, two thousand one hundred ten dollars;

(iii) For sixteen to fifty FTEs, two thousand four hundred dollars;

(iv) For fifty-one to one hundred FTEs, three thousand twenty-five dollars; and

(v) For one hundred one or more FTEs, three thousand one hundred fifteen dollars;

(b) An initial twelve-month license fee of one thousand five hundred dollars 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 fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, five hundred twenty-three dollars and forty cents;

(B) Sixteen through fifty FTEs, six hundred twenty-nine dollars and fifty cents;

(C) Fifty-one or more FTEs, eight hundred sixty dollars and ten cents)); and

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

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

(3) The department may charge and collect from a licensee a fee of ((two)) seven hundred fifty 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)) twenty-five dollars per day, not to exceed ((cost of the base fee)) 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: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-327-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-327-990, filed 7/21/97, effective 8/21/97. 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.]

Washington State Code Reviser's Office