WSR 97-22-026

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed October 29, 1997, 10:27 a.m.]

Supplemental Notice to WSR 97-17-111.

Preproposal statement of inquiry was filed as WSR 97-13-097.

Title of Rule: Boarding home fee rules, WAC 246-316-990.

Purpose: Increase licensing fees for boarding homes to $54.00 per bed per year.

Statutory Authority for Adoption: RCW 18.20.050, 43.70.110, and 43.70.250.

Statute Being Implemented: RCW 18.20.050.

Summary: Change will increase annual licensing fees to $54 per bed. This amount is less than originally proposed $58.22 per bed.

Reasons Supporting Proposal: Approval was granted to exceed I-601 due to program enhancements passed by legislature.

Name of Agency Personnel Responsible for Drafting: Jennell Prentice, P.O. Box 47852, Olympia, WA 98504-7852, (360) 705-6661; Implementation and Enforcement: Kathy Stout, P.O. Box 47852, Olympia, WA 98504-7852, (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: Changes to WAC 246-316-990 will increase the annual licensing fee for boarding homes from $37.35 per bed to $54.00 per bed. The licensing fees will be used to fund the boarding home program.

Proposal Changes the Following Existing Rules: The change will increase the cost of licensing fees from $37.35 per bed to $54.00 per bed.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 34.05.310 (4)(f) and therefore does not require a small business economic impact statement. However, the department prepared an economic analysis identifying the need of the increase.

Section 201, chapter 403, Laws of 1995, 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 according to RCW 34.05.328 (5)(b)(vi).

Hearing Location: In Spokane at ESD 101, 910 North Ash Street, Spokane, WA 99201, and in Lacey (Olympia) at Washington Interactive Technologies, 710 Sleater-Kinney Road S.E., Suite Q, Lacey, WA 98503, on December 9, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Theresa Phillips by December 1, 1997, TDD (360) 664-0064, or (800) 833-6388.

Submit Written Comments to: Jennell Prentice, Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, FAX (360) 705-6654, or e-mail jzp0303@hub.doh.wa.gov, by December 3, 1997.

Date of Intended Adoption: December 12, 1997.

October 29, 1997

Bruce Miyahara

Secretary

AMENDATORY SECTION (Amending WSR 96-12-027, filed 5/30/96, effective 6/30/96)

WAC 246-316-990 Fees. The licensee or applicant shall:

(1) Submit an annual license fee of ((thirty-seven dollars and thirty-five cents)) fifty-four dollars per bed of the licensed resident bed capacity for initial and renewed licenses;

(2) Submit an additional one hundred fifty dollars when billed by the department for:

(a) A third 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; and

(3) Submit an additional late fee in the amount of ten dollars per day from the license renewal date until the date of mailing the fee, as evidenced by the postmark.