PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-125.
Title of Rule: WAC 246-327-990 Home health agency license fees, 246-331-990 Hospice agency license fees, and 246-336-990 Home care agency license fees.
Purpose: WAC 246-327-990, 246-331-990, and 246-336-990 establish the license fees for home health, hospice and home care agency operation.
Statutory Authority for Adoption: RCW 70.127.090, 43.20B.110, and 43.70.250.
Statute Being Implemented: RCW 70.127.090.
Summary: The proposed amendments increase the license fees for home health, hospice and home care agencies.
Reasons Supporting Proposal: ESSB 6153, section 220 permits the department to increase fees over the I-601 limit.
Name of Agency Personnel Responsible for Drafting and Implementation: Byron Plan, Olympia, Washington, (360) 705-6780; Enforcement: Gary Bennett, Olympia, Washington, (360) 705-6652.
Name of Proponent: Washington State 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 246-327-990, 246-331-990, and 246-336-990 establish the license fees for home health, hospice and home care agencies. The proposed amendment increases fees in all categories. The proposed rule assists the department in meeting the mandate to set the fees for each program at a sufficient level to defray the costs of administering that program.
Proposal Changes the Following Existing Rules: The existing fees are increased for renewal fees and initial fees. A fee percentage is established for additional licenses (more than one agency service).
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule 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, do not apply to rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).
Hearing Location: Department of Health, Eastside Building, 1101 Eastside Street, Olympia, WA, on September 6, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Denise Mino by August 27, 2001, TDD (800) 833-6388, or (360) 705-6652.
Submit Written Comments to: FSL Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, e-mail FSLregmail@doh.wa.gov, fax (360) 705-6654, by September 3, 2001.
Date of Intended Adoption: September 7, 2001.
M. C. Selecky
Secretary
OTS-5023.1
AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98,
effective 7/9/98)
WAC 246-327-990
Fees.
(1) A licensee or applicant shall
submit to the department:
(a) A ((biennial)) renewal fee based on the number of
full-time equivalents (FTEs)((, which is a measurement based on a
forty-hour week and is applicable to paid agency personnel or
contractors,)) as follows:
(i) ((A base fee of five hundred two dollars and sixty
cents; and)) For five or less FTEs, one thousand five hundred
dollars;
(ii) ((For agencies with:
(A) Fifteen or less FTEs, one thousand forty-eight dollars;
(B) Sixteen through fifty FTEs, one thousand two hundred sixty-one dollars and fifty cents; or
(C) Fifty-one or more FTEs, one thousand seven hundred twenty-one dollars and forty cents;)) For six to fifteen FTEs, two thousand one hundred ten dollars;
(iii) For sixteen to fifty FTEs, two thousand four hundred dollars;
(iv) For fifty-one to one hundred FTEs, three thousand twenty-five dollars; and
(v) For one hundred one or more FTEs, three thousand one hundred fifteen dollars;
(b) An initial ((twelve-month)) license fee of one thousand
five hundred dollars for new firms, businesses not currently
licensed to provide home health care in Washington state, or
currently licensed businesses which have had statement of charges
filed against them ((as follows:
(i) A base fee of two hundred fifty-one dollars and thirty cents; and
(ii) For agencies with:
(A) Fifteen or less FTEs, five hundred twenty-three dollars and forty cents;
(B) Sixteen through fifty FTEs, six hundred twenty-nine dollars and fifty cents;
(C) Fifty-one or more FTEs, eight hundred sixty dollars and ten cents)); and
(c) A transfer of ownership fee of ((sixty)) one hundred
fifty dollars. A transferred license will be valid for the
remainder of the current license period.
(2) ((An)) A licensee or applicant ((or licensee)) shall pay
((one-half the base fee in addition to the full fee for FTEs))
seventy-five percent of the appropriate fee for each additional
hospice and/or home care license.
(3) The department may charge and collect from a licensee a
fee of ((two)) seven hundred fifty dollars for:
(a) A second on-site visit resulting from failure of the
licensee ((or applicant)) to adequately respond to a statement of
deficiencies;
(b) A complete on-site survey resulting from a substantiated complaint; or
(c) A follow-up compliance survey.
(4) A licensee with deemed status shall pay fees according to this section.
(5) A licensee shall submit an additional late fee in the
amount of ((ten)) twenty-five dollars per day, not to exceed
((cost of the base fee)) five hundred dollars, from the renewal
date (which is thirty days before the current license expiration
date) until the date of mailing the fee, as evidenced by the
postmark.
[Statutory Authority: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-327-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-327-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-026, 246-327-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-327-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-136, 246-327-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-327-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-327-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-327-990, filed 12/27/90, effective 1/31/91.]
OTS-5024.1
AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98,
effective 7/9/98)
WAC 246-331-990
Fees.
(1) A licensee or applicant shall
submit to the department:
(a) A ((biennial)) renewal fee based on the number of
full-time equivalents (FTEs)((, which is a measurement based on a
forty-hour week and is applicable to paid agency personnel or
contractors,)) as follows:
(i) ((A base fee of five hundred two dollars and sixty
cents; and)) For five or less FTEs, seven hundred fifty dollars;
(ii) ((For agencies with:
(A) Fifteen or less FTEs, two hundred sixty-six dollars;
(B) Sixteen through fifty FTEs, six hundred forty dollars and fifty cents; or
(C) Fifty-one or more FTEs, one thousand three hundred twenty-eight dollars and sixty cents;)) For six to fifteen FTEs, seven hundred ninety dollars;
(iii) For sixteen to fifty FTEs, one thousand one hundred seventy-four dollars and ninety-nine cents;
(iv) For fifty-one to one hundred FTEs, one thousand eight hundred eighty-two dollars and twenty-nine cents;
(v) For one hundred one or more FTEs, one thousand nine hundred eighty dollars;
(b) An initial ((twelve-month)) license fee of one thousand
five hundred dollars for new firms, businesses not currently
licensed to provide hospice care in Washington state, or
currently licensed businesses which have had statement of charges
filed against them ((as follows:
(i) A base fee of two hundred fifty-one dollars and thirty cents; and
(ii) For agencies with:
(A) Fifteen or less FTEs, one hundred thirty-three dollars;
(B) Sixteen through fifty FTEs, three hundred nineteen dollars and sixty cents;
(C) Fifty-one or more FTEs, six hundred sixty-two dollars and forty cents)); and
(c) A transfer of ownership fee of ((sixty)) one hundred
fifty dollars. A transferred license will be valid for the
remainder of the current license period.
(2) ((An applicant or licensee)) A licensee or applicant
that has a home health license, shall pay seventy-five percent of
the renewal fee listed in subsection (1)(a) of this section.
(3) A licensee or applicant that does not have a home health
license shall pay ((one-half the base fee in addition to the full
fee for FTEs)) seventy-five percent of the appropriate fee for
each additional ((home health and/or)) home care license.
(((3))) (4) The department may charge and collect from a
licensee a fee of ((two)) seven hundred fifty dollars for:
(a) A second on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies;
(b) A complete on-site survey resulting from a substantiated complaint; or
(c) A follow-up compliance survey.
(((4))) (5) A licensee with deemed status shall pay fees
according to this section.
(((5))) (6) A licensee shall submit an additional late fee
in the amount of ((ten)) twenty-five dollars per day, not to
exceed ((the cost of the base fee)) five hundred dollars, from
the renewal date (which is thirty days before the current license
expiration date) until the date of mailing the fee, as evidenced
by the postmark.
[Statutory Authority: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-331-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-331-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-025, 246-331-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-331-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-138, 246-331-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-331-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-331-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-331-990, filed 12/27/90, effective 1/31/91.]
OTS-5025.1
AMENDATORY SECTION(Amending WSR 98-13-036, filed 6/8/98,
effective 7/9/98)
WAC 246-336-990
Fees.
(1) A licensee or applicant shall
submit to the department:
(a) A ((biennial)) renewal fee based on the number of
full-time equivalents (FTEs)((, which is a measurement based on a
forty-hour week and is applicable to paid agency personnel or
contractors,)) as follows:
(i) ((A base fee of three hundred thirty-four dollars and
thirty cents; and)) For five or less FTEs, four hundred fifty
dollars;
(ii) ((For agencies with:
(A) Fifteen or less FTEs, one hundred seventy-six dollars and eighty cents;
(B) Sixteen through fifty FTEs, two hundred thirteen dollars and forty cents; or
(C) Fifty-one or more FTEs, three hundred six dollars and twenty cents;)) For six to fifteen FTEs, eight hundred fifteen dollars;
(iii) For sixteen to fifty FTEs, eight hundred seventy-five dollars;
(iv) For fifty-one to one hundred FTEs, one thousand twenty-five dollars; and
(v) For one hundred one or more FTEs, one thousand one hundred dollars;
(b) An initial ((twelve-month)) license fee of one thousand
five hundred dollars for new firms, businesses not currently
licensed to provide home care in Washington state, or currently
licensed businesses which have had statement of charges filed
against them ((as follows:
(i) A base fee of two hundred fifty-one dollars and thirty cents; and
(ii) For agencies with:
(A) Fifteen or less FTEs, one hundred thirty-three dollars;
(B) Sixteen through fifty FTEs, one hundred sixty-one dollars;
(C) Fifty-one or more FTEs, two hundred thirty-four dollars and twenty cents)); and
(c) A transfer of ownership fee of ((sixty)) one hundred
fifty dollars. A transferred license will be valid for the
remainder of the current license period.
(2) ((An)) A licensee or applicant ((or licensee)) that has
a home health and/or hospice license shall pay ((one-half the
base fee in addition to the full fee for FTEs for each additional
home health and/or hospice license)) seventy-five percent of the
renewal fee listed in subsection (1)(a) of this section.
(3) The department may charge and collect from a licensee a
fee of ((two)) seven hundred fifty dollars for:
(a) A second on-site visit resulting from failure of the licensee or applicant to adequately respond to a statement of deficiencies; and
(b) A complete on-site survey resulting from a substantiated complaint; or
(c) A follow-up compliance survey.
(4) A licensee with deemed status shall pay fees according to this section.
(5) A licensee shall submit an additional late fee in the
amount of ((ten)) twenty-five dollars per day, not to exceed
((the cost of the base fee)) three hundred dollars, from the
renewal date (which is thirty days before the current license
expiration date) until the date of mailing the fee, as evidenced
by the postmark.
[Statutory Authority: RCW 70.127.090, 43.02B.020 [43.20B.020], 43.70.110 and 43.70.250. 98-13-036, 246-336-990, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 43.70.110, 43.70.250 and 70.127.090. 97-15-096, 246-336-990, filed 7/21/97, effective 8/21/97. Statutory Authority: RCW 43.70.110 and 43.70.250. 96-12-028, 246-336-990, filed 5/30/96, effective 6/30/96. Statutory Authority: RCW 43.70.250, 43.70.110 and 43.20B.020. 95-12-097, 246-336-990, filed 6/7/95, effective 7/8/95. Statutory Authority: RCW 70.127.120. 94-17-137, 246-336-990, filed 8/22/94, effective 9/22/94. Statutory Authority: RCW 70.127.120 and 70.127.090. 93-21-034, 246-336-990, filed 10/15/93, effective 10/28/93. Statutory Authority: RCW 43.70.250. 92-15-084 (Order 288), 246-336-990, filed 7/16/92, effective 8/16/92. Statutory Authority: RCW 43.70.040. 91-02-050 (Order 122), 246-336-990, filed 12/27/90, effective 1/31/91.]