WSR 99-24-061

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed November 29, 1999, 11:43 a.m. ]

Date of Adoption: November 29, 1999.

Purpose: The proposed changes adjust the licensing fees for medical test sites. The fee increase is needed to defray the cost of administering the medical test site licensure program, as mandated under RCW 70.42.090.

Citation of Existing Rules Affected by this Order: Amending WAC 246-338-990.

Statutory Authority for Adoption: RCW 70.42.090.

Adopted under notice filed as WSR 99-21-074 on October 20, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

November 23, 1999

Eric Stagle

for Mary Selecky

Secretary

OTS-3523.1


AMENDATORY SECTION(Amending WSR 96-12-011, filed 5/24/96, effective 6/24/96)

WAC 246-338-990
Fees.

(1) ((For the purpose of this section, the following words and phrases have the following meanings:

(a) "Accredited by organization" means a testing site is accredited, certified, or licensed by an organization meeting the requirements of WAC 246-338-040, Approval of accreditation bodies;

(b) "Limited testing" means a medical test site performing not more than seven hundred fifty licensed tests per year;

(c) "Low volume" means a medical test site performing greater than seven hundred fifty licensed tests per year, and not more than two thousand licensed tests per year;

(d) "Category A" means a medical test site performing greater than two thousand licensed tests per year, not more than ten thousand licensed tests per year and three or less specialties;

(e) "Category B" means a medical test site performing greater than two thousand licensed tests per year, not more than ten thousand licensed tests per year and at least four specialties;

(f) "Category C" means a medical test site performing greater than ten thousand licensed tests per year, not more than twenty-five thousand licensed tests per year and three or less specialties;

(g) "Category D" means a medical test site performing greater than ten thousand licensed tests per year, not more than twenty-five thousand licensed tests per year and four or more specialties;

(h) "Category E" means a medical test site performing greater than twenty-five thousand, but not more than fifty thousand licensed tests per year;

(i) "Category F" means a medical test site performing greater than fifty thousand, but not more than seventy-five thousand licensed tests per year;

(j) "Category G" means a medical test site performing greater than seventy-five thousand, but not more than one hundred thousand licensed tests per year;

(k) "Category H" means a medical test site performing greater than one hundred thousand, but not more than five hundred thousand licensed tests per year;

(l) "Category I" means a medical test site performing greater than five hundred thousand, but not more than one million licensed tests per year;

(m) "Category J" means a medical test site performing more than one million licensed tests per year;

(n) "Direct staff time" means all state employees' work time, including travel time and expenses involved in functions associated with medical test site licensure or complaint investigation including:

(i) On-site follow up visit; and

(ii) Telephone contacts and staff or management conferences in response to a deficiency statement or complaint.

(2))) The department ((shall)) will assess and collect biennial fees for medical test sites as follows:

(a) Charge fees, based on the requirements authorized under RCW 70.42.090 and this section;

(b) Assess additional fees when a medical test site adds licensed tests that result in a change of category; and

(c) Determine fees according to criteria ((below:)) described in Table 990-1.


((Certificate of waiver . . . . . . . . . . . . $105 per biennium;
Provider-performed

microscopic procedures . . . . . . . . . . . .

158 per biennium;

Limited testing . . . . . . . . . . . . 526 per biennium;
Low volume . . . . . . . . . . . . 1051 per biennium;
Category A . . . . . . . . . . . . 1577 per biennium;
Category B . . . . . . . . . . . . 1892 per biennium;
Category C . . . . . . . . . . . . 2208 per biennium;
Category D . . . . . . . . . . . . 2628 per biennium;
Category E . . . . . . . . . . . . 3154 per biennium;
Category F . . . . . . . . . . . . 3680 per biennium;
Category G . . . . . . . . . . . . 4310 per biennium;
Category H . . . . . . . . . . . . 4941 per biennium;
Category I . . . . . . . . . . . . 5257 per biennium;
Category J . . . . . . . . . . . . 5782 per biennium;
Accredited by organization . . . . . . . . . . . . 315 per biennium;
Follow up survey for deficiencies . . . . . . . . . . . . direct staff time;
Complaint investigation . . . . . . . . . . . . direct staff time.))

(3) The department shall exclude from fee charges the women, infant, and children (WIC) programs performing only hematocrit testing or hemoglobin testing as listed in WAC 246-338-030 (11)(f) or (i) for food distribution purposes and the Washington state migrant council performing only hematocrit testing or hemoglobin testing as listed in WAC 246-338-030 (11)(f) or (i) for nutritional evaluation.))

Table 990-1 License Categories and Fees
Category of License Number of Tests/Year Biennial Fee
Certificate of Waiver N/A $ 108
PPMP N/A $ 163
Accredited N/A $ 325
Limited Testing 1-750 tests $ 543
Low Volume 751-2,000 tests $1,086
Category A 2,001-10,000 tests, 1-3 specialties $1,629
Category B 2,001-10,000 tests, 4 or more specialties $1,955
Category C 10,001-25,000 tests, 1-3 specialties $2,281
Category D 10,001-25,000 tests, 4 or more specialties $2,715
Category E 25,001-50,000 tests $3,259
Category F 50,001-75,000 tests $3,802
Category G 75,001-100,000 tests $4,453
Category H 100,001-500,000 tests $5,105
Category I 500,001-1,000,000 tests $5,432
Category J > 1,000,000 tests $5,974
Follow-up survey for deficiencies Direct staff time
Complaint investigation Direct staff time

(2) The following programs are excluded from fee charges when performing only waived hematocrit or hemoglobin testing for nutritional evaluation and food distribution purposes:

(a) Women, infant and children programs (WIC); and

(b) Washington state migrant council.

[Statutory Authority: RCW 70.42.090.  96-12-011, 246-338-990, filed 5/24/96, effective 6/24/96.  Statutory Authority: Chapter 70.42 RCW.  94-17-099, 246-338-990, filed 8/17/94, effective 9/17/94; 93-18-091 (Order 390), 246-338-990, filed 9/1/93, effective 10/2/93; 91-21-062 (Order 205), 246-338-990, filed 10/16/91, effective 10/16/91.  Statutory Authority: RCW 43.70.040.  91-02-049 (Order 121), recodified as 246-338-990, filed 12/27/90, effective 1/31/91.  Statutory Authority: Chapter 70.42 RCW.  90-20-017 (Order 090), 248-38-120, filed 9/21/90, effective 10/22/90.]

Washington State Code Reviser's Office