PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Miscellaneous facility licensing and certificate of need review fees; amending WAC 246-310-990 Certificate of need review fees, 246-320-990 Acute care hospital fees, 246-322-990 Private psychiatric hospital fees, 246-324-990 Alcoholism hospital fees, 246-325-990 Adult residential rehabilitation center fees, 246-326-990 Alcoholism treatment facility fees, 246-329-990 Childbirth center fees, 246-335-990 In-home services fees, and 246-380-990 Survey fees for institutions and facilities.
Purpose: These sections establish the respective fees for the facilities and certificate of need applications shown below to cover full operating costs.
Statutory Authority for Adoption: RCW 43.70.250 and 70.38.105(5).
Statute Being Implemented: RCW 43.70.250/70.38.105(5).
Summary: The amendments increase the fees for the programs shown below by percentages within the increase allowable within I-601; WAC 246-310-990, 246-325-990, 246-326-990, 246-329-990, 246-335-990 and 246-380-990 is 3.2%; and WAC 246-320-990, 246-322-990 and 246-324-990 is 3%.
Reasons Supporting Proposal: RCW 43.70.250 and 70.38.105(5) authorizes the department to charge fees sufficient to cover the full cost of program operations. The department is requesting fee increases within limits established by I-601.
Name of Agency Personnel Responsible for Drafting: Yvette Harrison, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2928; Implementation and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.
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 proposal amends fees for the programs shown above. The increase is anticipated to fully maintain program as required by statute through fiscal year 2004.
Proposal Changes the Following Existing Rules: The proposal increases the programs shown above by increases allowable within I-601.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.020(3) exempts fees from the small business economic impact statement requirements.
RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, do 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: Department of Health, Facilities and Services Licensing, Room 152, 310 Israel Road S.E., Tumwater, WA 98501, on October 8, 2003, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Yvette Harrison by October 1, 2003, TDD (800) 833-6368 or (360) 236-2928.
Submit Written Comments to: Yvette Harrison, Department of Health, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, www3.doh.wa.gov/policyreview, fax (360) 236-2901, by October 8, 2003.
Date of Intended Adoption: October 17, 2003.
September 2, 2003
Mary C. Selecky
Secretary
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 | $(( |
|
| Amendments to Issued Certificates of Need | $(( |
|
| Emergency Review | $(( 5,427.00 |
|
| Exemption Requests | ||
| • | Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs) | $(( 5,427.00 |
| • | Bed Banking/Conversions | $(( 883.00 |
| • | Determinations of Nonreviewability | $(( 1,261.00 |
| • | Hospice Care Center | $(( 1,136.00 |
| • | Nursing Home Replacement/Renovation Authorizations | $(( 1,136.00 |
| • | Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations) | $(( 1,136.00 |
| • | Rural Hospital/Rural Health Care Facility | $(( |
| Extensions | ||
| • | Bed Banking | $(( 505.00 |
| • | Certificate of Need/Replacement Renovation Authorization Validity Period | $(( 505.00 |
| Home Health Agency | $(( |
|
| Hospice Agency | $(( |
|
| Hospice Care Centers | $(( |
|
| Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) | $(( |
|
| Kidney Disease Treatment Centers | $(( |
|
| Nursing Homes (Including CCRCs and TCUs) | $(( |
|
(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.]
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-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-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 | $(( |
$(( |
$(( |
5 or less | $(( |
|||||
| 6 to 15 | $(( |
$(( |
$(( |
6 to 10 | $(( |
|||||
| 16 to 50 | $(( |
$(( |
$(( |
11 to 15 | $(( |
|||||
| 51 to 100 | $(( |
$(( |
$(( |
16 to 20 | $(( |
|||||
| 101 or more | $(( |
$(( |
$(( |
|||||||
(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-6495.2
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. | $ (( |
||||
| (b) | Food service establishments or concessions that do not prepare potentially hazardous foods. | $ (( |
||||
| (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 (( |
|||||
| (b) | Institutions or facilities that do not operate a food service: The annual fee shall be nine dollars and thirty cents 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.]