WSR 06-15-129

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 19, 2006, 10:09 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Fiscal growth factor fee increases for WAC 246-329-990 Child birth centers, 246-337-990 Residential treatment facilities, 246-380-990 State institutional survey, and 246-360-990 Transient accommodations.

Hearing Location(s): Department of Health, Point Plaza East, Room 153, 310 Israel Road S.E., Tumwater, WA 98501, on August 22, 2006, at 10:00 a.m.

Date of Intended Adoption: August 24, 2006.

Submit Written Comments to: Alisa Harris, P.O. Box 47852, Olympia, WA 98504-7852, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by July 24, 2006.

Assistance for Persons with Disabilities: Contact Alisa Harris by July 24, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules increase fees within the fiscal growth factor limits of 3.38% for fiscal year 2007. The proposed fees cover the inflationary costs of operating child birth centers, residential treatment facilities state institutional survey and transient accommodations. A fee study was completed for each fee to determine the amount of the increase. Fee studies are conducted annually for each program to determine if future fee increases are necessary.

Reasons Supporting Proposal: RCW 43.70.250 requires the department to charge fees sufficient to cover the full cost of program operations. The proposed fees meet this requirement by increasing revenue to help cover the costs of running each program.

Statutory Authority for Adoption: RCW 43.70.110, 43.70.250, 18.46.030, 70.62.220, 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: Gary Bennett, 310 Israel Road S.E., Tumwater, WA, (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 at the address above.

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 17, 2006

Mary C. Selecky

Secretary

OTS-8961.1


AMENDATORY SECTION(Amending WSR 05-13-189, filed 6/22/05, effective 7/23/05)

WAC 246-329-990   Fees.   (1) Childbirth centers licensed under chapter 18.46 RCW shall submit an annual fee of five hundred ((eighty)) ninety-nine dollars and ((thirty)) ninety cents to the department unless a center is a charitable, nonprofit, or government-operated institution under RCW 18.46.030.

(2) The department shall refund fees paid by the applicant for initial licensure as follows:

(a) If an application has been received but no on-site survey or technical assistance has been performed by the department, two-thirds of the fees paid, less a fifty dollar processing fee.

(b) If an application has been received and an on-site survey or technical assistance has been performed by the department, one-third of the fees paid, less a fifty dollar processing fee.

(c) No fees paid by the applicant will be refunded if any of the following applies:

(i) More than one on-site visit for any purpose has been performed by the department;

(ii) One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant 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. 05-13-189, 246-329-990, filed 6/22/05, effective 7/23/05. Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, 246-329-990, filed 9/22/04, effective 10/23/04. 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-8962.1


AMENDATORY SECTION(Amending WSR 05-23-099, filed 11/17/05, effective 12/18/05)

WAC 246-337-990   Licensing fees.   A licensee must submit the following fees to the department:


FEE TYPE AMOUNT
Administrative processing/ initial application fee $((150.00)) 155.00
License bed fee (per bed) $((139.90)) 144.60
Annual renewal fee (per bed) $((139.90)) 144.60
Late fee (per bed) $25.00 (up to $500.00)
Follow-up compliance survey fee or a complete on-site survey fee resulting from a substantiated complaint $1000.00

(1) 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 shall 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 shall refund one-third of the fees paid, less a fifty dollar processing fee.

(2) The department will not refund fees paid by the applicant if:

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

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

(c) The amount to be refunded as calculated by subsection (1)(a) or (b) of this section is ten dollars or less.

[Statutory Authority: RCW 43.70.250. 05-23-099, 246-337-990, filed 11/17/05, effective 12/18/05. Statutory Authority: Chapter 71.12 RCW. 05-15-157, 246-337-990, filed 7/20/05, effective 8/20/05.]

OTS-8963.1


AMENDATORY SECTION(Amending WSR 05-13-189, filed 6/22/05, effective 7/23/05)

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 $ ((158.80)) 164.10
11 - 49 $ ((315.70)) 326.30
50 - over $ ((635.60)) 657.00

(b) A late fee of ((fifty-two)) fifty-four dollars and ((ninety)) sixty cents, in addition to the full license renewal fee, if the full license renewal fee is not received by the department on the expiration date (see RCW 70.62.260);

(c) An additional fee of ((fifty-two)) fifty-four dollars and ((ninety)) sixty 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 paid by the applicant for initial licensure as follows:

(a) If an application has been received but no on-site survey or technical assistance has been performed by the department, two-thirds of the fees paid, less a fifty dollar processing fee.

(b) If an application has been received and an on-site survey or technical assistance has been performed by the department, one-third of the fees paid, less a fifty dollar processing fee.

(c) No fees paid by the applicant will be refunded if any of the following applies:

(i) More than one on-site visit for any purpose has been performed by the department;

(ii) One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant 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. 05-13-189, 246-360-990, filed 6/22/05, effective 7/23/05. Statutory Authority: RCW 70.62.260. 05-05-072, 246-360-990, filed 2/15/05, effective 3/18/05. Statutory Authority: RCW 43.70.250, 18.46.030, 43.70.110, 71.12.470. 04-19-141, 246-360-990, filed 9/22/04, effective 10/23/04. 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.]

OTS-8964.1


AMENDATORY SECTION(Amending WSR 05-13-189, filed 6/22/05, effective 7/23/05)

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:


Fee
(1) Food Service
(a) As defined in WAC 246-215-011(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. $((583.60)) 603.30
(b) Food service establishments or concessions that do not prepare potentially hazardous foods. $((292.80)) 302.60
(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 and ((twenty-five)) fifty cents times the population count plus ((five hundred eighty-three)) six hundred three dollars and ((sixty)) thirty 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 and ((twenty-five)) fifty 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. 05-13-189, 246-380-990, filed 6/22/05, effective 7/23/05. Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, 246-380-990, filed 10/27/03, effective 11/27/03. 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.]

Washington State Code Reviser's Office