Date of Adoption: June 28, 2001.

Purpose: Increase review fees for certificate of need.

Citation of Existing Rules Affected by this Order: Amending WAC 246-310-990.

Statutory Authority for Adoption: RCW 70.38.105(5).

Other Authority: RCW 43.70.110.

Adopted under notice filed as WSR 01-11-154 on May 23, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

M. C. 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		(($10,600)) $10,894
Amendments to Issued Certificates of Need		(($6,700)) $6,866
Emergency Review		(($4,300)) $4,419
Exemption Requests
	Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs)	(($4,300)) $4,419
	Bed Banking/Conversions	(($ 700)) $719
	Determinations of Nonreviewability	(($1,000)) $1,027
	Hospice Care Center	(($ 900)) $925
	Nursing Home Replacement/Renovation Authorizations	(($ 900)) $925
	Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations)	(($ 900)) $925
	Rural Hospital/Rural Health Care Facility	(($ 900)) $925
Extensions
	Bed Banking	(($ 400)) $411
	Certificate of Need/Replacement Renovation Authorization Validity Period	(($ 400)) $411
Home Health Agency		(($12,800)) $13,155
Hospice Agency		(($11,400)) $11,716
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers)		(($21,000)) $21,583
Kidney Disease Treatment Centers		(($13,000)) $13,361
Nursing Homes (Including CCRCs and TCUs)		(($24,000)) $24,667

(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.]

Washington State Code Reviser's Office