PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-310-990 Certificate of need review fees.
Purpose: WAC 246-310-990 establishes the fees for certificate of need reviews by the Department of Health.
Statutory Authority for Adoption: RCW 70.38.105(5) and 43.70.110.
Statute Being Implemented: RCW 70.38.105(5).
Summary: The amendment increases the certificate of need review fees up to 2.78% in each category.
Reasons Supporting Proposal: The fees are increasing up to 2.78%, within the legal limit established by Initiative 601.
Name of Agency Personnel Responsible for Drafting: Bart Eggen, Olympia, Washington, (360) 705-6658; Implementation and Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.
Name of Proponent: Department of Health, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 246-310-990 establishes the certificate of need review fees. The proposed rule increases current fees within 2.78%. The increase is intended to support program operational activities.
Proposal Changes the Following Existing Rules: The proposed rule increases review fees 2.78% in each review category.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310(4) and therefore does not require a small business economic impact statement.
RCW 34.05.328 does not apply to this rule adoption. Section 201, chapter 403, Laws of 1995, does not apply to rules that set or adjust fees or rates pursuant to legislative standards (RCW 34.05.328 (5)(b)(vi)).
Hearing Location: (Note: Public hearing is to be held simultaneously via videoconference.) OLYMPIA SITE: First Floor Conference Room, 1102 Quince Street, Olympia, WA 98507, (360) 236-4230; and KENT SITE: Second Floor, Conference Room #2, Centerpoint, 20435 72nd Avenue South, Suite 200, Kent, WA 98032, (253) 395-7731; on June 26, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Jody Bales by June 12, 2001, TDD (800) 833-6388, or (360) 705-6781.
Submit Written Comments to: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, fax (360) 705-6654, by June 22, 2001.
Date of Intended Adoption: June 28, 2001.
May 22, 2001
Nancy Ellison
Deputy
for Mary Selecky
Secretary
OTS-4835.1
AMENDATORY SECTION(Amending WSR 99-23-089, filed 11/16/99,
effective 12/17/99)
WAC 246-310-990
Certificate of need review fees.
(1) An
application for a certificate of need under chapter 246-310 WAC
shall include payment of a fee consisting of the following:
(a) A review fee based on the facility/project type;
(b) When 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 | (( |
||
| Amendments to Issued Certificates of Need | (( |
||
| Emergency Review | (( |
||
| Exemption Requests | |||
| Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs) | (( |
||
| Bed Banking/Conversions | (( $719 |
||
| Determinations of Nonreviewability | (( $1,027 |
||
| Hospice Care Center | (( $925 |
||
| Nursing Home Replacement/Renovation Authorizations | (( $925 |
||
| Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations) | (( $925 |
||
| Rural Hospital/Rural Health Care Facility | (( $925 |
||
| Extensions | |||
| Bed Banking | (( $411 |
||
| Certificate of Need/Replacement Renovation Authorization Validity Period | (( $411 |
||
| Home Health Agency | (( |
||
| Hospice Agency | (( |
||
| Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) | (( |
||
| Kidney Disease Treatment Centers | (( |
||
| Nursing Homes (Including CCRCs and TCUs) | (( |
||
(2) The fee for amending a pending certificate of need application shall be as follows:
(a) When 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) When 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) When 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 one hundred dollars must accompany the amendment application.
(3) When a certificate of need application is returned by the department in accordance with the provisions of WAC 246-310-090 (2)(b) or (e), the department shall refund seventy-five percent of the review fees paid.
(4) When 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) When 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) When 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 shall be nonrefundable.
[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.]