WSR 07-14-133

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed July 3, 2007, 12:33 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-826-990 Health care assistant fees and renewal cycle, this proposal will clarify when a health care assistant applicant is required to pay the expired credential reissuance fee and the late penalty fee.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on August 15, 2007, at 10:00 a.m.

Date of Intended Adoption: September 14, 2007.

Submit Written Comments to: Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, karen.kelley@doh.wa.gov,

web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4918, by August 15, 2007.

Assistance for Persons with Disabilities: Contact Karen Kelley by August 8, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will clarify when a health care assistant who leaves a specific facility/practitioner and more than two years later returns to this same facility/practitioner, that they will not be required to pay the expired credential reissuance fee or the late renewal fee as long they hold an active credential with another facility/practitioner. In these circumstances health care assistants will be required to submit a new application and pay the first certification fee only. This proposal will eliminate confusion on what fees need to be paid.

Reasons Supporting Proposal: The department received a petition in September 2004 requesting changes to the costs health care assistants (HCA) have to pay. The department denied the petition because rule making had been initiated in chapter 246-12 WAC. The CR-101 to amend chapter 246-12 WAC was withdrawn January 12, 2007, because the amendment is more appropriate for the HCA fee rule. This proposed amendment will clarify when a HCA will have to pay the expired credential reissuance fee and the late renewal penalty fee. HCA credentials are not transferable between facilities.

Statutory Authority for Adoption: RCW 18.135.030.

Statute Being Implemented: RCW 18.135.055, 43.70.250, and 43.70.280.

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

Name of Proponent: Department of health, health care assistant program, governmental.

Name of Agency Personnel Responsible for Drafting: Karen Kelley, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4950; Implementation and Enforcement: Tracey Hansen, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4915.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business [economic] impact statement is not required per RCW 34.05.310(4). The proposed rule language clarifies the current rule language without changing the effect of the rule.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required per RCW 34.05.328 (5)(b). The proposed rule language clarifies the current rule language without changing the effect of the rule.

July 3, 2007

Mary C. Selecky

Secretary

OTS-9734.4


AMENDATORY SECTION(Amending WSR 05-12-012, filed 5/20/05, effective 7/1/05)

WAC 246-826-990   Health care assistant fees and renewal cycle.   (1) Certificates must be renewed every two years as provided in WAC 246-826-050 and chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) If a health care assistant who holds a current active credential leaves employment with a facility or practitioner and returns to employment with a former facility or practitioner, and more than two years has passed since that health care assistant's employment with the former facility ended, the health care assistant must complete a new credential application and pay the application fee. However, that health care assistant is not required to pay the late renewal penalty and the expired credential reissuance fee.

(3) The following nonrefundable fees will be charged:


Title of Fee Fee
First certification $60.00
Renewal 60.00
Expired ((certificate)) credential reissuance 50.00
Recertification 60.00
Late renewal penalty 50.00
Duplicate 15.00

[Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-826-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 43.70.250 and 18.135.030. 03-24-071, 246-826-990, filed 12/1/03, effective 3/1/04. Statutory Authority: RCW 43.70.280. 98-05-060, 246-826-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 43.70.250. 91-13-002 (Order 173), 246-826-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-826-990, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-175-140, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 18.135.030. 87-23-022 (Order PM 689), 308-175-140, filed 11/12/87.]

Washington State Code Reviser's Office