WSR 24-16-045
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed July 30, 2024, 11:15 a.m., effective November 1, 2024]
Effective Date of Rule: November 1, 2024.
Purpose: Acute care and psychiatric hospital facility fees. The department of health (department) is adopting amendments to WAC 246-320-199 and 246-322-990 to update fees for acute care hospitals licensed under chapter 246-320 WAC and private psychiatric hospitals licensed under chapter 246-322 WAC. The department is adopting updates to rules regarding acute care and private psychiatric hospital fees to address funding needs and to clarify and standardize language.
The updated fees are necessary to adequately fund the hospital inspection, investigation, and licensing programs to protect patients. RCW
43.70.250 requires that fees must cover regulatory program expenses which necessitates the program(s) to be self-funding and changes to rules are the only way to make fee adjustments. Critical access hospitals have a reduced fee to align with the department's commitment to equity. Psychiatric hospitals have a reduction in their fee after the initial fee update that will help balance the current shortfalls and long-term needs. The adopted fees will address the backlog costs and the necessary reserve amounts. The department will continue to monitor the finances and propose fee adjustments as needed.
Citation of Rules Affected by this Order: Amending WAC 246-320-199 and 246-322-990.
Adopted under notice filed as WSR 24-11-118 on May 21, 2024.
Changes Other than Editing from Proposed to Adopted Version: WAC 246-320-199 added a footnote to clarify that critical access is a federal designation.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: July 30, 2024.
Kristin Peterson, JD
Chief of Policy
for Umair A. Shah, MD, MPH
Secretary
OTS-5414.3
AMENDATORY SECTION(Amending WSR 19-16-049, filed 7/30/19, effective 10/1/19)
WAC 246-320-199Fees.
This section establishes the initial licensure and annual fees for hospitals licensed under chapter
70.41 RCW. The license must be renewed every three years.
(1) Applicants and licensees shall submit to the department:
(a) An initial license fee ((of two hundred twenty dollars)) for each bed space within the authorized bed capacity for the hospital;
(b) An annual fee ((of two hundred twenty dollars)) for each bed space within the authorized bed capacity of the hospital by November 30th of the year.
(2) As used in this section, a bed space:
(a) Includes all bed spaces in rooms complying with physical plant and movable equipment requirements of this chapter for ((twenty-four))24-hour assigned patient care;
(b) Includes level 2 and 3 bassinet spaces;
(c) Includes bed spaces assigned for less than ((twenty-four))24-hour patient use as part of the licensed bed capacity when:
(i) Physical plant requirements of this chapter are met without movable equipment; and
(ii) The hospital currently possesses the required movable equipment and certifies this fact to the department.
(d) Excludes all normal infant bassinets;
(e) Excludes beds banked as authorized by certificate of need under chapter
70.38 RCW.
(3) A licensee shall submit to the department a late fee ((in the amount of one hundred dollars per day)) whenever the annual ((use)) fee is not paid by November 30th. The total late fee will not exceed ((twelve hundred dollars))$1,200.
(4) An applicant may request a refund for initial licensure as follows:
(a) Two-thirds of the initial fee paid after the department has received an application and not conducted an on-site survey or provided technical assistance; or
(b) One-third of the initial fee paid after the department has received an application and conducted either an on-site survey or provided technical assistance but not issued a license.
(5) The following fees will be charged:
Fee Type | Acute Care - Critical Access* Fee | Acute Care Fee |
Initial Licensure Fee per bed | $380.00 | $505.00 |
Renewal Licensure Fee per bed | $380.00 | $505.00 |
Late Fee per day | $100.00 | $100.00 |
OTS-5415.2
AMENDATORY SECTION(Amending WSR 21-11-107, filed 5/19/21, effective 7/1/21)
WAC 246-322-990Private psychiatric hospital fees.
This section establishes the initial licensure and annual renewal fees for private psychiatric hospitals licensed under chapter
71.12 RCW.
(1) Applicants and licensees shall:
(a) Submit to the department an initial licensure fee ((of four hundred ninety-five dollars)) for each bed space within the licensed bed capacity of the hospital;
(b) Submit to the department an annual renewal fee ((of four hundred ninety-five dollars)) for each bed space within the licensed bed capacity of the hospital to the department;
(c) Include all bed spaces and rooms complying with physical plant and movable equipment requirements of this chapter for ((twenty-four))24-hour assigned patient rooms;
(d) Include bed spaces assigned for less than ((twenty-four))24-hour patient use as part of the licensed bed capacity when:
(i) Physical plant requirements of this chapter are met without movable equipment; and
(ii) The private psychiatric hospital currently possesses the required movable equipment and certifies this fact to the department.
(e) Limit licensed bed spaces as required under chapter
70.38 RCW;
(f) Submit applications for bed additions to the department for review and approval under chapter
70.38 RCW subsequent to department establishment of the private psychiatric hospital's licensed bed capacity;
(g) Set up ((twenty-four))24-hour assigned patient beds only within the licensed bed capacity approved by the department.
(2) Refunds. The department shall refund fees paid by the applicant for initial licensure if:
(a) The department has received the application but has not conducted an on-site survey or provided technical assistance, the department will refund two-thirds of the fees paid, less a ((fifty dollar))refund processing fee.
(b) The department has received the application and has conducted an on-site survey or provided technical assistance, the department will refund one-third of the fees paid, less a ((fifty dollar))refund processing fee.
(c) The department will not refund 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, and the department has not issued the license because the applicant has failed to complete the requirements for licensure; or
(iii) The amount to be refunded as calculated by (a) or (b) of this subsection is ((ten dollars))$10 or less.
(3) Between November 1, 2024, and October 31, 2025, the following fees will apply:
Fee Type | Fee |
Initial Licensure Fee per bed | $1,700.00 |
Renewal Licensure Fee per bed | $1,700.00 |
Refund Processing Fee | $50.00 |
(4) On and after November 1, 2025, the following fees apply:
Fee Type | Fee |
Initial Licensure Fee per bed | $1,450.00 |
Renewal Licensure Fee per bed | $1,450.00 |
Refund Processing Fee | $50.00 |