WSR 97-15-096

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed July 21, 1997, 10:12 a.m.]

Date of Adoption: June 30, 1997.

Purpose: Increase licensing fees for home health agencies, hospice agencies, and home care agencies.

Citation of Existing Rules Affected by this Order: Amending WAC 246-327-990, 246-331-990, and 246-336-990.

Statutory Authority for Adoption: RCW 43.70.110 and 43.70.250.

Other Authority: RCW 70.127.090.

Adopted under notice filed as WSR 97-11-087 on May 21, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 3, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.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.

July 18, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 96-12-026, filed 5/30/96, effective 6/30/96)

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 ((three)) four hundred ((ninety-seven)) twelve dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, eight hundred ((twenty-seven)) fifty-nine dollars;

(B) Sixteen through fifty FTEs, ((nine hundred ninety-five)) one thousand thirty-four dollars; or

(C) Fifty-one or more FTEs, one thousand ((three hundred fifty-eight)) four hundred eleven dollars;

(b) ((A fee of one-half the fees specified in (a) of this subsection for an initial twelve-month license for:

(i) New firms;

(ii) Businesses not currently licensed to provide home health care in Washington state; or

(iii) Currently licensed businesses which have had statement of charges filed against them; and)) 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 dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, four hundred twenty-nine dollars;

(B) Sixteen through fifty FTEs, five hundred sixteen dollars;

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

(c) A transfer of ownership fee of fifty 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 ((one hundred ninety-nine)) two hundred six 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 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 96-12-025, filed 5/30/96, effective 6/30/96)

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 ((three hundred ninety-seven)) four hundred twelve dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, two hundred ((ten)) eighteen dollars;

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

(C) Fifty-one or more FTEs, one thousand ((forty-eight)) eighty-nine dollars;

(b) ((A fee of one-half the fees specified in (a) of this subsection for an initial twelve-month license for:

(i) New firms;

(ii) Businesses not currently licensed to provide hospice care in Washington state; or

(iii) Currently licensed businesses which have had statement of charges filed against them; and)) 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 dollars; and

(ii) For agencies with:

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

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

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

(c) A transfer of ownership fee of fifty 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 ((one hundred ninety-nine)) two hundred six 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 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 96-12-028, filed 5/30/96, effective 6/30/96)

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 ((sixty-four)) seventy-four dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((forty)) forty-five dollars;

(B) Sixteen through fifty FTEs, one hundred ((sixty-nine)) seventy-five dollars; or

(C) Fifty-one or more FTEs, two hundred ((forty-two)) fifty-one dollars;

(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 ((one hundred ninety-nine)) two hundred six dollars; and

(ii) For agencies with:

(A) Fifteen or less FTEs, one hundred ((five)) nine dollars;

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

(C) Fifty-one or more FTEs, one hundred ((eighty-five)) ninety-two dollars; and

(c) A transfer of ownership fee of fifty 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 ((eighty-nine)) ninety-six 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.