WSR 06-21-108

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed October 17, 2006, 1:07 p.m. , effective November 17, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: These changes implement within I-601 fee increases for the following rule sections: WAC 246-329-990 Child birth centers, 246-337-990 Residential treatment facilities, 246-360-990 Transient accommodations, and 246-380-990 State institutional survey. The fee increases will allow these programs to continue their current level of public health activities such as licensing, surveys and complaint investigations during fiscal year 2007.

Citation of Existing Rules Affected by this Order: Amending WAC 246-329-990, 246-337-990, 246-360-990, and 246-380-990.

Statutory Authority for Adoption: RCW 43.70.250.

Adopted under notice filed as WSR 06-15-129 on July 19, 2005 [2006].

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 16, 2006.

M. 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