WSR 05-14-156

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 6, 2005, 9:35 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 WAC 246-320-990 Acute care hospitals, 246-322-990 Private psychiatric and alcoholism hospitals and 246-324-990 Private alcohol and chemical dependency hospitals.

Section 221(1) of E2SSB 6090, making 2005-07 operating appropriations, authorizes the department to raise fees in excess of the fiscal growth factor pursuant to RCW 43.135.055. The exemption was given to implement HB 1533, revising provisions for the inspection of hospitals, chapter 518, Laws of 2005.

These sections establish licensure fees for acute care hospitals, private psychiatric and alcoholism hospital and private alcohol and chemical dependency hospitals. The fees paid by these facilities support the hospital licensure and survey activities within the department.

RCW 43.70.250 authorizes the department to charge fees sufficient to cover the full cost of programs operations.

Hearing Location(s): Point Plaza East, 310 Israel Road S.E., Room 139, Tumwater, WA 98501, on August 10, 2005, at 9:30 a.m.

Date of Intended Adoption: August 17, 2005.

Submit Written Comments to: Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, web site www3.doh.wa.gov/policyreview, fax (360) 236-2901, by August 8, 2005.

Assistance for Persons with Disabilities: Contact Alisa Harris by August 8, 2005, TTY (800) 833-6388 or (360) 236-2907.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules increase fees for acute care hospitals, private psychiatric and alcoholism hospitals and private alcohol and chemical dependency hospitals in excess of the fiscal growth factor. This exemption was given to implement HB 1533, revising provisions for inspection of hospitals, chapter 518, Laws of 2005.

This proposal also allows for an initial applicant to request, prior to licensure, options for withdrawal of an application and refund (for each WAC section). Currently, the department has no refund policy for applications that are withdrawn prior to licensure.

Reasons Supporting Proposal: The department is requesting fee increases by 10.4%. These additional resources are necessary to accomplish the intent of HB 1533, are necessary to accomplish an eighteen-month survey cycle and assure public health and safety in hospitals statewide. It also allows licensees options for requesting refunds when withdrawing an application for initial licensure.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, 70.41.100, 71.12.470.

Statute Being Implemented: RCW 43.70.110, 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, Implementation and Enforcement: Byron Plan, 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 does not require a small business economic impact statement. However, the department prepared fee analyses which provide documentation of the need for the fee increases. To obtain a copy of a fee analysis, contact Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, phone (360) 236-2907, fax (360) 236-2901, e-mail alisa.harris@doh.wa.gov.

A cost-benefit analysis is not required under RCW 34.05.328. The department did not complete a cost-benefit analysis. This rule proposal is exempt from this requirement under RCW 34.05.328 (5)(b)(iv) and (vi).

July 5, 2005

B. White

for Mary C. Selecky

Secretary

OTS-7838.5


AMENDATORY SECTION(Amending WSR 04-19-141, filed 9/22/04, effective 10/23/04)

WAC 246-320-990   Fees.   This section establishes the licensure fee for hospitals licensed under chapter 70.41 RCW.

(1) Applicants and licensees shall:

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

(((2))) (b) 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))) (c) Include neonatal intensive care bassinet spaces;

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

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

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

(((5))) (e) Exclude all normal infant bassinets;

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

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

(2) Refunds. The department shall refund fees paid by the applicant for initial licensure if:

(a) The department has received the application but has not performed an on-site survey or provided technical assistance, the department will refund two-thirds of the fees paid, less a fifty dollar processing fee.

(b) The department has received the application and has conducted an on-site survey or provided technical assistance, the department will refund one-third of the fees paid, less a fifty dollar processing fee.

(c) The department will not refund fees if:

(i) The department has performed more than one on-site visit for any purpose;

(ii) One year has elapsed since an initial licensure application is received by the department, and the department has not issued the license because the applicant has failed to complete requirements for licensure; or

(iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, 246-320-990, filed 9/22/04, effective 10/23/04. 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-7839.4


AMENDATORY SECTION(Amending WSR 04-19-141, filed 9/22/04, effective 10/23/04)

WAC 246-322-990   Private psychiatric hospital fees.   This section establishes the licensure fees for private psychiatric hospitals licensed under chapter 71.12 RCW.

(1) Applicants and licensees shall:

(((1))) (a) Submit an annual fee of ((fifty-four)) sixty dollars and ((forty)) zero cents for each bed space within the licensed bed capacity of the hospital to the department;

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

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

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

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

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

(2) Refunds. The department shall refund fees paid by the applicant for initial licensure if:

(a) The department has received the application but has not conducted an on-site survey or provided technical assistance, the department will refund two-thirds of the fees paid, less a fifty dollar processing fee.

(b) The department has received the application and has conducted an on-site survey or provided technical assistance, the department will refund one-third of the fees paid, less a fifty dollar processing fee.

(c) The department will not refund fees if:

(i) The department has performed more than one on-site visit for any purpose;

(ii) One year has elapsed since an initial licensure application is received by the department, and the department has not issued the license because the applicant has failed to complete requirements for licensure; or

(iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, 246-322-990, filed 9/22/04, effective 10/23/04. 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-7840.5


AMENDATORY SECTION(Amending WSR 04-19-141, filed 9/22/04, effective 10/23/04)

WAC 246-324-990   Fees.   ((The)) This section establishes the licensure fee for Private alcohol and chemical dependency hospitals licensed under chapter 71.12 RCW.

(1) Applicants and licensees shall submit:

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

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

(2) Refunds. The department shall refund fees paid by the applicant for initial licensure if:

(a) The department has received an application but has not conducted an on-site survey or provided technical assistance, the department will refund two-thirds of the fees paid, less a fifty dollar processing fee.

(b) The department has received an application and has conducted an on-site survey or provided technical assistance, the department will refund one-third of the fees paid, less a fifty dollar processing fee.

(c) The department will not refund fees if:

(i) The department has conducted more than one on-site visit for any purpose;

(ii) One year has elapsed since an initial licensure application is received by the department, and the department has not issued the license because applicant has failed to complete requirements for licensure; or

(iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ten dollars or less.

[Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, 246-324-990, filed 9/22/04, effective 10/23/04. 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.]

Washington State Code Reviser's Office