Effective Date of Rule: July 1, 2008.

     Purpose: These rule changes implement fee increases for WAC 246-310-990 Certificate of need, 246-329-990 Childbirth centers, 246-335-990 In-home services agencies, and 246-337-990 Residential treatment facilities. This allows these programs to continue the current level of public health activities in licensing, surveys and complaint investigations during fiscal year 2009.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-310-990, 246-329-990, 246-335-990, and 246-337-990.

     Statutory Authority for Adoption: RCW 43.70.250, 70.38.105, 18.46.030, 70.127.090, 43.70.040.

      Adopted under notice filed as WSR 08-07-061 on March 17, 2008.

     Changes Other than Editing from Proposed to Adopted Version: The proposed rule language was not adopted for WAC 246-380-990 State institutional survey.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 0.

     Date Adopted: May 30, 2008.

Mary C. Selecky

Secretary

OTS-9796.1

AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

WAC 246-310-990   Certificate of need review fees.   (1) An application for a certificate of need under chapter 246-310 WAC must include payment of a fee consisting of the following:

     (a) A review fee based on the facility/project type;

     (b) If more than one facility/project type applies to an application, the review fee for each type of facility/project must be included.

Facility/Project Type		Review Fee
Ambulatory Surgical Centers/Facilities		$((13,379.00)) 17,392.00
Amendments to Issued Certificates of Need		$((8,432.00)) 10,961.00
Emergency Review		$((5,427.00)) 7,055.00
Exemption Requests
•	Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs)	$((5,427.00)) 7,055.00
•	Bed Banking/Conversions	$((883.00)) 1,147.00
•	Determinations of Nonreviewability	$((1,261.00)) 1,639.00
•	Hospice Care Center	$((1,136.00)) 1,476.00
•	Nursing Home Replacement/Renovation Authorizations	$((1,136.00)) 1,476.00
•	Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations)	$((1,136.00)) 1,476.00
•	Rural Hospital/Rural Health Care Facility	$((1,136.00)) 1,476.00
Extensions
•	Bed Banking	$((505.00)) 656.00
•	Certificate of Need/Replacement Renovation Authorization Validity Period	$((505.00)) 656.00
Home Health Agency		$((16,155.00)) 21,001.00
Hospice Agency		$((14,388.00)) 18,704.00
Hospice Care Centers		$((8,432.00)) 10,961.00
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers)		$((26,506.00)) 34,457.00
Kidney Disease Treatment Centers		$((16,409.00)) 21,331.00
Nursing Homes (Including CCRCs and TCUs)		$((30,293.00)) 39,380.00

     (2) The fee for amending a pending certificate of need application is determined as follows:

     (a) If an amendment to a pending certificate of need application results in the addition of one or more facility/project types, the review fee for each additional facility/project type must accompany the amendment application;

     (b) If an amendment to a pending certificate of need application results in the removal of one or more facility/project types, the department shall refund to the applicant the difference between the review fee previously paid and the review fee applicable to the new facility/project type; or

     (c) If an amendment to a pending certificate of need application results in any other change as identified in WAC 246-310-100, a fee of one thousand ((three)) seven hundred ((fifty-one)) fifty-six dollars must accompany the amendment application.

     (3) If a certificate of need application is returned by the department under WAC 246-310-090 (2)(b) or (e), the department shall refund seventy-five percent of the review fees paid.

     (4) If an applicant submits a written request to withdraw a certificate of need application before the beginning of review, the department shall refund seventy-five percent of the review fees paid by the applicant.

     (5) If an applicant submits a written request to withdraw a certificate of need application after the beginning of review, but before the beginning of the ex parte period, the department shall refund one-half of all review fees paid.

     (6) If an applicant submits a written request to withdraw a certificate of need application after the beginning of the ex parte period the department shall not refund any of the review fees paid.

     (7) Review fees for exemptions and extensions are nonrefundable.

[Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-310-990, filed 10/27/03, effective 11/27/03. Statutory Authority: Chapters 70.127 and 70.38 RCW. 03-07-096, § 246-310-990, filed 3/19/03, effective 4/19/03. Statutory Authority: RCW 70.38.105 and 2002 c 371. 02-14-051, § 246-310-990, filed 6/27/02, effective 7/28/02. Statutory Authority: RCW 70.38.105(5) and 43.70.110. 01-15-094, § 246-310-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 70.38.105(5). 99-23-089, § 246-310-990, filed 11/16/99, effective 12/17/99. Statutory Authority: Chapter 70.38 RCW. 96-24-052, § 246-310-990, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 70.38.135, 43.70.250 and 70.38.919. 92-02-018 (Order 224), § 246-310-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-310-990, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 70.38 RCW. 90-15-001 (Order 070), § 440-44-030, filed 7/6/90, effective 8/6/90. Statutory Authority: RCW 43.20A.055. 89-21-042 (Order 2), § 440-44-030, filed 10/13/89, effective 11/13/89; 87-16-084 (Order 2519), § 440-44-030, filed 8/5/87; 87-12-049 (Order 2494), § 440-44-030, filed 6/1/87; 84-13-006 (Order 2109), § 440-44-030, filed 6/7/84; 83-21-015 (Order 2037), § 440-44-030, filed 10/6/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), § 440-44-030, filed 6/4/82.]

OTS-9797.1

AMENDATORY SECTION(Amending WSR 07-07-075, filed 3/16/07, effective 4/16/07)

WAC 246-329-990   Fees.   The purpose of the fees section is to describe the fees associated with licensing, renewal and other charges assessed by the department.

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

     (2) A change of ownership fee of one hundred ((fifty)) seventy-eight dollars. A new license will be issued and valid for the remainder of the current license period.

     (3) The department may charge and collect from a licensee a fee of ((seven)) eight hundred ((fifty)) ninety-two dollars for:

     (a) A second on-site visit resulting from failure of the licensee to adequately respond to a statement of deficiencies;

     (b) A complete on-site survey resulting from a substantiated complaint; or

     (c) A follow-up compliance survey.

     (4) A licensee shall submit an additional late fee in the amount of ((twenty-five)) twenty-nine dollars per day, not to exceed five hundred ninety-five dollars, from the renewal date (which is thirty days before the current license expiration date) until the date of mailing the fee, as evidenced by the postmark.

     (5) Refunds. 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; or

     (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) The department may not refund applicant 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, 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: Chapter 18.46 RCW and RCW 43.70.040. 07-07-075, § 246-329-990, filed 3/16/07, effective 4/16/07. Statutory Authority: RCW 43.70.250. 06-21-108, § 246-329-990, filed 10/17/06, effective 11/17/06; 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-9798.2

AMENDATORY SECTION(Amending WSR 04-19-142, filed 9/22/04, effective 10/23/04)

WAC 246-335-990   Fees.   (1) A licensee or applicant shall submit to the department:

     (a) An initial twelve-month license fee of ((one thousand nine hundred sixty-six)) two thousand one hundred sixty-two dollars for each service category for new persons not currently licensed in that category to provide in-home services in Washington state, or currently licensed businesses which have had statement of charges filed against them;

     (b) A twenty-four month renewal fee based on the number of full-time equivalents (FTEs), which is a measurement based on a forty-hour week and is applicable to paid agency personnel or contractors, or the number of beds, as follows:

     (c) For single service category licenses:

# of FTEs		Home Health		Hospice		Home Care		# of Beds	Hospice Care Center
5 or less		$((1,966.00)) 2,162.00		$((983.00)) 1,081.00		$((590.00)) 649.00		5 or less	$((655.00)) 720.00
6 to 15		$((2,765.00)) 3,041.00		$((1,035.00)) 1,138.00		$((1,068.00)) 1,174.00		6 to 10	$((1,311.00)) 1,442.00
16 to 50		$((3,146.00)) 3,460.00		$((1,540.00)) 1,694.00		$((1,147.00)) 1,261.00		11 to 15	$((1,966.00)) 2,162.00
51 to 100		$((3,965.00)) 4,361.00		$((2,467.00)) 2,713.00		$((1,343.00)) 1,477.00		16 to 20	$((2,621.00)) 2,883.00
101 or more		$((4,083.00)) 4,491.00		$((2,595.00)) 2,854.00		$((1,442.00)) 1,586.00

     (d) For multiple service category licenses:

     (i) One hundred percent of the home health category fee and seventy-five percent of the appropriate service category fee for each additional service category (hospice, home care, hospice care center); or

     (ii) One hundred percent of the hospice category fee and seventy-five percent of the appropriate service category fee for each additional service category (home care, hospice care center); and

     (e) A change of ownership fee of ((one hundred ninety-seven)) two hundred sixteen dollars for each licensed service category. A new license will be issued and valid for the remainder of the current license period.

     (2) The department may charge and collect from a licensee a fee of ((nine hundred eighty-three)) one thousand eighty-one dollars for:

     (a) A second on-site visit resulting from failure of the licensee to adequately respond to a statement of deficiencies:

     (b) A complete on-site survey resulting from a substantiated complaint; or

     (c) A follow-up compliance survey.

     (3) A licensee with deemed status shall pay fees according to this section.

     (4) A licensee shall submit an additional late fee in the amount of ((thirty-three)) thirty-six dollars per day, not to exceed five hundred fifty dollars, from the renewal date (which is thirty days before the current license expiration date) until the date of mailing the fee, as evidenced by the postmark.

     (5) Refunds. 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; or

     (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.

     (6) The department may not refund applicant fees if:

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

     (b) 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

     (c) The amount to be refunded as calculated by subsection (5)(a) or (b) of this section is ten dollars or less.

[Statutory Authority: RCW 43.70.250 and 70.127.090. 04-19-142, § 246-335-990, filed 9/22/04, effective 10/23/04. Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-335-990, filed 10/27/03, effective 11/27/03. Statutory Authority: Chapter 70.127 RCW. 02-18-026, § 246-335-990, filed 8/23/02, effective 10/1/02.]

OTS-9799.1

AMENDATORY SECTION(Amending WSR 06-21-108, filed 10/17/06, effective 11/17/06)

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

FEE TYPE	AMOUNT
Administrative processing/ initial application fee	$((155.00)) 204.00
License bed fee (per bed)	$((144.60)) 190.00
Annual renewal fee (per bed)	$((144.60)) 190.00
Late fee (per bed)	$((25.00)) 33.00 (up to $((500.00)) 660.00)
Follow-up compliance survey fee or a complete on-site survey fee resulting from a substantiated complaint	$((1000.00)) 1,320.00

     (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. 06-21-108, § 246-337-990, filed 10/17/06, effective 11/17/06; 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.]

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