Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Home health, hospice and home care licensing fees, WAC 246-327-990, 246-331-990, and 246-336-990.

Purpose: Increase licensing fees for home health, hospice and home care agencies as approved by the 1998 legislature.

Statutory Authority for Adoption: RCW 70.127.090, 43.70.110, and 43.70.250.

Statute Being Implemented: RCW 70.127.090.

Reasons Supporting Proposal: The department requested funding and FTE as part of its supplemental budget request to the legislature. The legislature approved increased funding at the local level (fees).

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Byron Plan, Program Manager, 2725 Harrison Avenue N.W., Olympia, 98502, (360) 705-6780.

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: Amends home health, hospice and home care licensing fees. The increase will provide additional funds as approved in the 1998 supplemental budget approved by the legislature.

Proposal Changes the Following Existing Rules: Increases licensing fees for home health, hospice and home care agencies. Fee increase schedule is shown below.

Home Health Fees - WAC 246-327-990

Proposed for 1998-99

Hospice Fees - WAC 246-331-090

Proposed for 1998-99

Home Care Fees - WAC 246-336-990

Proposal for 1998-99

.

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. However, the department prepared a fee study to provide additional information on the necessity of the fee increase.

Section 201, chapter 403, Laws of 1995, 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: Former Revenue Building, Meeting Room #16, 1101 Eastside Street, Olympia, WA, on May 27, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jennell Prentice by May 12, 1998, TDD (360) 664-0064, or (360) 705-6661.

Submit Written Comments to: Jennell Prentice, Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, Internet JZP0303@hub.wa.doh.gov, FAX (360) 705-6654, by May 25, 1998.

Date of Intended Adoption: June 1, 1998.

April 22, 1998

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 97-15-096, filed 7/21/97, effective 8/21/97)

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 ((four hundred twelve)) five hundred two dollars and sixty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, ((eight hundred fifty-nine)) one thousand forty-eight dollars;

(B) Sixteen through fifty FTEs, one thousand ((thirty-four)) two hundred sixty-one dollars and fifty cents; or

(C) Fifty-one or more FTEs, one thousand ((four hundred eleven)) seven hundred twenty-one dollars and forty cents;

(b) An initial twelve-month license fee 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 ((six)) fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, ((four hundred twenty-nine)) five hundred twenty-three dollars and forty cents;

(B) Sixteen through fifty FTEs, ((five hundred sixteen)) six hundred twenty-nine dollars and fifty cents;

(C) Fifty-one or more FTEs, ((seven hundred five)) eight hundred sixty dollars and ten cents; and

(c) A transfer of ownership fee of ((fifty)) sixty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional hospice and/or home care license.

(3) The department may charge and collect from a licensee a fee of two hundred ((six)) 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 dollars per day, not to exceed cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.

[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.]

AMENDATORY SECTION (Amending WSR 97-15-096, filed 7/21/97, effective 8/21/97)

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 ((four hundred twelve)) five hundred two dollars and sixty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, two hundred ((eighteen)) sixty-six dollars;

(B) Sixteen through fifty FTEs, ((five hundred twenty-five)) six hundred forty dollars and fifty cents; or

(C) Fifty-one or more FTEs, one thousand ((eighty-nine)) three hundred twenty-eight dollars and sixty cents;

(b) An initial twelve-month license fee 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 ((six)) fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((nine)) thirty-three dollars;

(B) Sixteen through fifty FTEs, ((two hundred sixty-two)) three hundred nineteen dollars and sixty cents;

(C) Fifty-one or more FTEs, ((five hundred forty-three)) six hundred sixty-two dollars and forty cents; and

(c) A transfer of ownership fee of ((fifty)) sixty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional home health and/or home care license.

(3) The department may charge and collect from a licensee a fee of two hundred ((six)) 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 dollars per day, not to exceed the cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.

[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.]

AMENDATORY SECTION (Amending WSR 97-15-096, filed 7/21/97, effective 8/21/97)

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 ((two hundred seventy-four)) three hundred thirty-four dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((forty-five)) seventy-six dollars and eighty cents;

(B) Sixteen through fifty FTEs, ((one hundred seventy-five)) two hundred thirteen dollars and forty cents; or

(C) Fifty-one or more FTEs, ((two hundred fifty-one)) three hundred six dollars and twenty cents;

(b) An initial twelve-month license fee 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 ((six)) fifty-one dollars and thirty cents; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((nine)) thirty-three dollars;

(B) Sixteen through fifty FTEs, ((one hundred thirty-two)) one hundred sixty-one dollars;

(C) Fifty-one or more FTEs, ((one hundred ninety-two)) two hundred thirty-four dollars and twenty cents; and

(c) A transfer of ownership fee of ((fifty)) sixty dollars. A transferred license will be valid for the remainder of the current license period.

(2) An applicant or licensee shall pay one-half the base fee in addition to the full fee for FTEs for each additional home health and/or hospice license.

(3) The department may charge and collect from a licensee a fee of ((one hundred ninety-six)) two 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 dollars per day, not to exceed the cost of the base fee, from the renewal date until the date of mailing the fee, as evidenced by the postmark.

[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.]