WSR 20-14-106
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed June 30, 2020, 2:37 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 246-338-990 Fees, the department of health (department) is considering raising fees for medical test sites.
Hearing Location(s): On August 4, 2020, at 10:00 a.m.
In response to the coronavirus disease 2019 (COVID-19) public health emergency, the department will not provide a physical location for this hearing to promote social distancing and the safety of the citizens of Washington state. A virtual public hearing, without physical meeting space, will be held instead.
We invite you to participate in our public rules hearing using your computer, tablet or smartphone.
Please register at https://attendee.gotowebinar.com/register/5773074170407487757.
After registering, you will receive a confirmation email containing information about joining the webinar.
Date of Intended Adoption: August 11, 2020.
Submit Written Comments to: Stephanie Vaughn, P.O. Box 47852, Olympia, WA 98504-7852, email https://fortress.wa.gov/doh/policyreview, fax 360-236-2321, by August 4, 2020.
Assistance for Persons with Disabilities: Contact Stephanie Vaughn, phone 360-236-4617, fax 360-236-2321, TTY 711, email stephanie.vaughn@doh.wa.gov, by July 28, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To address the rising costs of the medical test site program, address the negative cash flow, and build the recommended reserve, the department proposes raising medical test site licensing and renewal fees by twenty-five percent across all license categories effective October 31, 2020. The fee amounts proposed are what the department has determined are necessary to fund current and future program operations in accordance with RCW 43.70.250 (License fees for professions, occupations, and businesses), 70.42.090 (regarding license fees for medical test sites), and the department's six-year fee recovery policy. Though the proposed fee change would go into effect November 1, 2020, existing labs will not incur the new fees until renewal in June 2021.
Reasons Supporting Proposal: The department licenses and regulates medical test sites in Washington state (chapter 70.42 RCW). Current revenue is not sufficient to maintain a positive fund balance throughout the biennium's two-year licensing cycle, resulting in a significant negative fund balance mid-cycle. The department projects the fund balance to decrease to -$276,000 by June 2025.
State law requires the work of licensing and regulating health care facilities to be fully funded by licensing fees (RCW 43.70.250). In light of the program's financial forecast, the program requires a fee increase to bring revenue into alignment with the cost of regulating medical test sites.
Statutory Authority for Adoption: RCW 43.70.250, 70.42.090.
Statute Being Implemented: RCW 43.70.250, 70.42.090.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Stephanie Vaughn, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-4617; Implementation and Enforcement: Honora Estes, 111 Israel Road S.E., Tumwater, WA 98501, 253-395-6747.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
June 30, 2020
Jessica Todorovich
Chief of Staff
for John Wiesman, DrPh, MPH
Secretary
AMENDATORY SECTION(Amending WSR 06-15-132, filed 7/19/06, effective 8/19/06)
WAC 246-338-990Fees.
(1) The department will assess and collect biennial fees for medical test sites as follows:
(a) Charge fees, based on the requirements authorized under RCW 70.42.090 and this section;
(b) Assess additional fees when changes listed in WAC 246-338-026 occur that require a different type of license than what the medical test site currently holds;
(c) Charge prorated fees for the remainder of the two-year cycle when the owner or applicant applies for an initial license during a biennium as defined under WAC 246-338-022 (2)(c);
(d) Charge prorated fees for licenses issued for less than a two-year period under WAC 246-338-024(3); and
(e) Determine fees according to criteria described in Table 990-1.
Table 990-1 License Categories and Fees
Category of License
Number of Tests/Year
Biennial Fee
Certificate of Waiver
N/A
$((150))
190
PPMP
N/A
$((200))
250
Low Volume
1-2,000 tests
$((450))
560
Category A
2,001-10,000 tests, 1-3 specialties
$((1,364))
1,710
Category B
2,001-10,000 tests, 4 or more specialties
$((1,769))
2,210
Category C
10,001-25,000 tests, 1-3 specialties
$((2,454))
3,070
Category D
10,001-25,000 tests, 4 or more specialties
$((2,818))
3,520
Category E
25,001-50,000 tests
$((3,382))
4,230
Category F
50,001-75,000 tests
$((4,187))
5,230
Category G
75,001-100,000 tests
$((4,991))
6,240
Category H
100,001-500,000 tests
$((5,835))
7,290
Category I
500,001-1,000,000 tests
$((10,369))
12,960
Category J
˃ 1,000,000 tests
$((12,443))
15,550
Accredited:
 
 
Low Volume
1-2,000 tests
$((165))
210
Category A
2,001-10,000 tests, 1-3 specialties
$((211))
260
Category B
2,001-10,000 tests, 4 or more specialties
$((231))
290
Category C
10,001-25,000 tests, 1-3 specialties
$((531))
660
Category D
10,001-25,000 tests, 4 or more specialties
$((559))
700
Category E
25,001-50,000 tests
$((787))
980
Category F
50,001-75,000 tests
$((1,254))
1,570
Category G
75,001-100,000 tests
$((1,722))
2,150
Category H
100,001-500,000 tests
$((2,227))
2,780
Category I
500,001-1,000,000 tests
$((6,428))
8,040
Category J
˃ 1,000,000 tests
$((8,168))
10,210
Follow-up survey for deficiencies
 
Direct staff time
Complaint investigation
 
Direct staff time
(2) The following programs are excluded from fee charges when performing only waived hematocrit or hemoglobin testing for nutritional evaluation and food distribution purposes:
(a) Women, infant and children programs (WIC); and
(b) Washington state migrant council.