WSR 04-13-161

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed June 23, 2004, 9:48 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Facility licensing fees for hospitals, adult residential rehabilitation centers, alcoholism treatment facilities, childbirth centers, and transient accommodations. RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of program operations. The proposal increases facility fees within the fiscal year (FY) 2005 fiscal growth factor of 3.03%.

Hearing Location(s): Department of Health, Point Plaza East, Hearings Room (139), 310 Israel Road S.E., Tumwater, WA 98501, on August 17, 2004, at 10:00 a.m.

Date of Intended Adoption: August 31, 2004.

Submit Written Comments to: Yvette Fox, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.fox@doh.wa[.gov], website www3.doh.gov/policyreview, fax (360) 236-2901, by August 17, 2004.

Assistance for Persons with Disabilities: Contact Yvette Fox by August 10, 2004, TTY (360) 833-6388 or (360) 236-2928.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal increases licensure fees for certain facilities. The increase is anticipated to fully maintain program activities as required by statute through fiscal year 2005. The purpose of the fee increases is to support the licensure and inspection programs within the Facilities and Services Licensing Division. The fee increases will allow these programs to continue their current level of public health activities such as licensing, surveys and complaint investigation.

The proposal increases the fees for in the following rule sections: WAC 246-230-990 Acute care hospital fees (1.01%); WAC 246-322-990 Psychiatric and alcoholism hospitals (0.98%); WAC 246-324-990 Alcoholism and chemical dependency hospitals (0.98%); WAC 246-325-990 Adult residential rehabilitation centers (3.03%); WAC 246-326-990 Alcoholism treatment facilities (3.03%); WAC 246-329-990 Childbirth centers (3.03%); and WAC 246-360-990 Transient accommodations (3.03%).

Reasons Supporting Proposal: The proposed increases are within I-601 limitations (3.03% for FY 2005), and will enable the program to operate and conduct inspections in a timely manner, ensuring public health and safety in these facilities. Sufficient revenue is necessary to fulfill the department's public health obligations for these programs.

Statutory Authority for Adoption: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470.

Statute Being Implemented: RCW 43.70.250.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lynda Furkay, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2927; and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 19.85.025(3) and, therefore, does not require a small business economic impact statement. However, the department prepared a fee analysis which provides documentation of the need for the fee increase. To obtain a copy of fee analysis, contact Yvette Fox at address above.

A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost benefit analysis is not necessary for rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

June 21, 2004

M. C. Selecky

Secretary

OTS-7093.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

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

(1) Submit an annual license fee of ((eighty-six)) eighty-seven dollars and 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 and 70.38.105(5). 03-22-020, 246-320-990, filed 10/27/03, effective 11/27/03. 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-7094.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

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-three)) fifty-four dollars and 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 and 70.38.105(5). 03-22-020, 246-322-990, filed 10/27/03, effective 11/27/03. 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-7095.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

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

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

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

[Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, 246-324-990, filed 10/27/03, effective 11/27/03. 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-7096.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

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 ((thirty-two)) thirty-six 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 70.38.105(5). 03-22-020, 246-325-990, filed 10/27/03, effective 11/27/03. 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-7097.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

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

(1) Submit an annual fee of one hundred ((thirty-two)) thirty-six 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 70.38.105(5). 03-22-020, 246-326-990, filed 10/27/03, effective 11/27/03. 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-7098.1


AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

WAC 246-329-990   Fees.   Childbirth centers licensed under chapter 18.46 RCW shall submit an annual fee of five hundred ((forty-seven)) sixty-four dollars and ((eighty)) forty 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 and 70.38.105(5). 03-22-020, 246-329-990, filed 10/27/03, effective 11/27/03. 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-7099.1


AMENDATORY SECTION(Amending WSR 02-18-115, filed 9/4/02, effective 10/5/02)

WAC 246-360-990   Fees.   (1) The licensee or applicant must submit:

(a) An annual fee according to the following schedule:


NUMBER OF LODGING UNITS FEE
3 - 10 $ ((150.00)) 154.50
11 - 49 $ ((300.00)) 307.10
50 - over $ ((600.00)) 618.20

(b) A late fee of ((fifty)) fifty-one dollars and fifty cents, in addition to the full license renewal fee, if the full license renewal fee is not delivered or mailed to the department at least thirty days prior to the license expiration date;

(c) An additional fee of ((fifty)) fifty-one dollars and fifty cents for an amended license due to changing the number of lodging units or the name of the transient accommodation.

(2) The department shall refund fees only when all the following conditions are met:

(a) A prospective new owner applies for initial licensure prior to taking ownership as required by WAC 246-360-020 (4)(b);

(b) Transfer of ownership is not finalized;

(c) The applicant requests a refund in writing; and

(d) The department receives the fee and the request for refund in the same biennium.

[Statutory Authority: RCW 43.70.250 and 2002 c 371. 02-18-115, 246-360-990, filed 9/4/02, effective 10/5/02. Statutory Authority: RCW 70.62.220, 43.70.110 and 43.70.250. 01-15-093, 246-360-990, filed 7/18/01, effective 8/18/01; 99-23-015, 246-360-990, filed 11/5/99, effective 12/6/99. Statutory Authority: RCW 43.70.110 and 43.70.250. 94-21-016, 246-360-990, filed 10/6/94, effective 11/6/94. Statutory Authority: RCW 70.62.220, 70.62.230 and 43.70.250. 92-21-089 (Order 312), 246-360-990, filed 10/21/92, effective 11/21/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-360-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20A.055. 87-17-045 (Order 2524), 440-44-075, filed 8/17/87; 85-12-029 (Order 2236), 440-44-075, filed 5/31/85. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-075, filed 6/4/82.]

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