WSR 10-18-094

PROPOSED RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Disability Services Administration)

[ Filed September 1, 2010, 8:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-09-109.

Title of Rule and Other Identifying Information: The department is amending WAC 388-97-4160 Initial nursing home license and 388-97-4180 Nursing home license renewal.

Hearing Location(s): Office Building 2, Auditorium, DSHS Headquarters, 1115 Washington, Olympia, WA 98504 (public parking at 11th and Jefferson. A map is available at http://www1.dshs.wa.gov/msa/rpau/RPAU-OB-2directions.html

or by calling (360) 664-6094, on October 5, 2010, at 10:00 a.m.

Date of Intended Adoption: Not earlier than October 6, 2010.

Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA, 98504-5850, delivery 1115 Washington Street S.E., Olympia, WA 98504, e-mail DSHSRPAURulesCoordinator@dshs.wa.gov, fax (360) 664-6185, by 5 p.m. on October 5, 2010.

Assistance for Persons with Disabilities: Contact Jennisha Johnson, DSHS rules consultant by September 22, 2010, TTY (360) 664-6178 or (360) 664-6094 or by e-mail at jennisha.johnson@dshs.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: ESSB 6444, section 206, supplemental operating budget (chapter 37, Laws of 2010 1st sp. sess.). Under chapter 37, Laws of 2010, the department must increase the yearly license fee for nursing homes from $275 per bed to $327 per bed effective July 1, 2010.

Reasons Supporting Proposal: Chapter 37, Laws of 2010 1st sp. sess.

Statutory Authority for Adoption: Chapter 37, Laws of 2010 1st sp. sess., chapter 74.46 RCW.

Statute Being Implemented: Chapter 37, Laws of 2010 1st sp. sess., chapter 74.46 RCW.

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

Name of Proponent: Department of social and health services, governmental.

Name of Agency Personnel Responsible for Drafting: Patricia Hague, Mailstop 45600, (360) 725-2447; Implementation and Enforcement: Joyce Stockwell, Mailstop 45600, (360) 725-2401.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 34.05.328, the rules proposed for permanent adoption are significant legislative rules. Under RCW 34.05.328 (5)(b)(vi), the department is exempt from preparing a cost-benefit analysis (CBA). Significant legislative rules that set or adjust fees or rates pursuant to legislative standards do not require a CBA.

A cost-benefit analysis is not required under RCW 34.05.328. Under RCW 19.85.025(3), the department is not required to complete a small business economic impact statement for rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.310 (4)(f)).

August 18, 2010

Katherine I. Vasquez

Rules Coordinator

4214.1
AMENDATORY SECTION(Amending WSR 08-20-062, filed 9/24/08, effective 11/1/08)

WAC 388-97-4160   Initial nursing home license.   (1) A complete nursing home license application must be:

(a) Submitted at least sixty days prior to the proposed effective date of the license on forms designated by the department;

(b) Signed by the proposed licensee or the proposed licensee's authorized representative;

(c) Notarized; and

(d) Reviewed by the department in accordance with this chapter.

(2) All information requested on the license application must be provided. At minimum, the nursing home license application will require the following information:

(a) The name and address of the proposed licensee, and any partner, officer, director, managerial employee, or owner of five percent or more of the proposed licensee;

(b) The names of the administrator, director of nursing services, and, if applicable, the management company;

(c) The specific location and the mailing address of the facility for which a license is sought;

(d) The number of beds to be licensed; and

(e) The name and address of all nursing homes that the proposed licensee or any partner, officer, director, managerial employee, or owner of five percent or more of the proposed licensee has been affiliated with in the past ten years.

(3) The proposed licensee must be:

(a) The individual or entity responsible for the daily operation of the nursing home;

(b) Denied the license if any individual or entity named in the application is found by the department to be unqualified.

(4) For initial licensure of a new nursing home, the proposed licensee must submit the annual license fee with the initial license application. The nonrefundable nursing home license fee is ((two hundred seventy-five)) three hundred twenty seven dollars per bed per year.

(5) If any information submitted in the initial license application changes before the license is issued, the proposed licensee must submit a revised application containing the changed information.

(6) If a license application is pending for more than six months, the proposed licensee must submit a revised application containing current information about the proposed licensee or any other individuals or entities named in the application.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, 388-97-4160, filed 9/24/08, effective 11/1/08.]


AMENDATORY SECTION(Amending WSR 08-20-062, filed 9/24/08, effective 11/1/08)

WAC 388-97-4180   Nursing home license renewal.   (1) All nursing home licenses must be renewed annually.

(2) License renewals must be:

(a) Submitted at least thirty days prior to the license's expiration date on forms designated by the department;

(b) Signed by the current licensee; and

(c) Reviewed by the department in accordance with this chapter.

(3) The current licensee must provide all information on the license renewal form or other information requested by the department.

(4) The application for a nursing home license renewal must be made by the individual or entity currently licensed and responsible for the daily operation of the nursing home.

(5) The nursing home license renewal fee must be submitted at the time of renewal. The nonrefundable nursing home license renewal fee is ((two hundred seventy-five)) three hundred twenty seven dollars per bed per year.

(6) In unusual circumstances, the department may issue an interim nursing home license for a period not to exceed three months. The current licensee must submit the prorated nursing home license fee for the period covered by the interim license. The annual date of license renewal does not change when an interim license is issued.

(7) A change of nursing home ownership does not change the date of license renewal and fee payment.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. 08-20-062, 388-97-4180, filed 9/24/08, effective 11/1/08.]

Washington State Code Reviser's Office