WSR 07-21-132

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed October 23, 2007, 4:06 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-976-990 Fees and fines, this section establishes fees for hospitals submitting an application to be designated as general trauma care facilities. The fees paid by these facilities support application and on-site review activities that are administered by the department.

Hearing Location(s): Department of Health, Rooms 152 and 153, 310 Israel Road S.E., Tumwater, WA 98501, on December 10, 2007, at 2:00 p.m.

Date of Intended Adoption: December 11, 2007.

Submit Written Comments to: Maura Craig, Department of Health, P.O. Box 47850, Olympia, WA 98504-7850, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4626, by December 10, 2007.

Assistance for Persons with Disabilities: Contact Maura Craig by December 3, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule change allows the department to increase on-site review fees charged to a hospital applying for Level III trauma service designation. The purpose of the fee increase is to help defray the increasing costs to the department for on-site reviews of applying hospitals. The department proposes increasing the Level III general trauma care facility fee from one thousand nine hundred fifty dollars ($1,950) to a rate not to exceed three thousand dollars ($3,000) per each hospital application and on-site review to meet the cost of conducting business and defray inflationary costs incurred by the trauma service designation program.

Reasons Supporting Proposal: Trauma designation review fees have not changed since 1993. This is a cost-recovery measure allowed by recent legislation, SHB 1128 (I-601 exemption), to raise fees in excess of the fiscal growth factor. This proposed fee increase will minimize revenue shortfalls the department has incurred with Level III site reviews. The additional resources are necessary to assure the continued viability of Washington's trauma care system by providing nationally accepted, professional hourly rates to trauma experts hired to assess hospital compliance and recommend trauma designation status.

Statutory Authority for Adoption: RCW 70.168.070, 43.135.055.

Statute Being Implemented: RCW 70.168.070.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: RCW 70.168.070 authorizes the department to charge fees to help defray the costs of inspections and review of applications.

Name of Proponent: Department of health, office of emergency medical services and trauma system, governmental.

Name of Agency Personnel Responsible for Drafting: Maura Craig, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2837; Implementation and Enforcement: Sandi Shaw, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-2871.

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 34.05.310 (4)(f), "rules that set or adjust fees or rates pursuant to legislative standards," and does not require an SBEIS. However, the department prepared a fee analysis that provides documentation on the need for the fee increase. To obtain a copy of the fee analysis, contact Maura Craig at (360) 236-2837.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required. This rule proposal is exempt under RCW 34.05.328 (5)(b)(vi), "rules that set or adjust fees or rates pursuant to legislative standards."

October 23, 2007

Mary C. Selecky

Secretary

OTS-1099.1


AMENDATORY SECTION(Amending WSR 00-08-102, filed 4/5/00, effective 5/6/00)

WAC 246-976-990   Fees and fines.   (1) The department shall assess individual health care facilities submitting a proposal to be designated as a level I general trauma care facility a fee, not to exceed seven thousand dollars, to help defray the costs to the department of inspections and review of applications.

(2) The department shall assess individual health care facilities submitting a proposal to be designated as a level II general trauma care facility a fee, not to exceed six thousand dollars, to help defray the costs to the department of inspections and review of applications.

(3) The department shall assess individual health care facilities submitting a proposal to be designated as a level III general trauma care facility a fee, not to exceed ((one)) three thousand ((nine hundred fifty)) dollars, to help defray the costs to the department of inspections and review of applications.

(4) The department shall assess individual health care facilities submitting a proposal to be designated as a level I pediatric trauma care facility a fee, not to exceed nine thousand two hundred dollars, to help defray the costs to the department of inspections and review of applications.

(5) The department shall assess individual health care facilities submitting a proposal to be designated as a level II pediatric trauma care facility a fee, not to exceed eight thousand dollars, to help defray the costs to the department of inspections and review of applications.

(6) The department shall assess individual health care facilities submitting a proposal to be designated as a level III pediatric trauma care facility a fee, not to exceed two thousand dollars, to help defray the costs to the department of inspections and review of applications.

(7) The department shall assess health care facilities submitting a joint proposal to be jointly designated as a level I general or pediatric trauma care facility a fee, of at least seven thousand dollars, and based upon a determined hourly rate and per diem expense per inspection team member, not to exceed fourteen thousand five hundred dollars to help defray the costs to the department of inspections and review of applications.

(8) The department shall assess health care facilities submitting a joint proposal to be jointly designated as a level II general or pediatric trauma care facility a fee, of at least six thousand dollars, and based upon a determined hourly rate and per diem expense per inspection team member, not to exceed twelve thousand five hundred dollars to help defray the costs to the department of inspections and review of applications.

(9) The department shall assess health care facilities submitting a joint proposal to be jointly designated as a level III general or pediatric trauma care facility a fee, of at least one thousand nine hundred fifty dollars, and based upon a determined hourly rate and per diem expense per inspection team member, not to exceed three thousand one hundred dollars to help defray the costs to the department of inspections and review of applications.

(10) The department shall assess health care facilities submitting a proposal to be designated at multiple levels to provide adult and pediatric care a fee, not to exceed nine thousand two hundred dollars to help defray the costs to the department of inspections and review of applications.

(11) The department shall not assess such fees to health care facilities applying to provide level IV and V trauma care services.

(12) If an ambulance or aid service fails to comply with the requirements of chapters 18.71, 18.73, 70.168 RCW, the Uniform Disciplinary Act, or with the requirements of this chapter, the department may notify the appropriate local, state or federal agencies.

[Statutory Authority: Chapters 18.71, 18.73, and 70.168 RCW. 00-08-102, 246-976-990, filed 4/5/00, effective 5/6/00. Statutory Authority: Chapter 70.168 RCW. 93-20-063, 246-976-990, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 43.70.040 and chapters 18.71, 18.73 and 70.168 RCW. 93-01-148 (Order 323), 246-976-990, filed 12/23/92, effective 1/23/93.]

Washington State Code Reviser's Office