WSR 02-10-064

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed April 26, 2002, 12:31 p.m. ]

Original Notice.

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

Title of Rule: WAC 246-310-990 Certificate of need review fees.

Purpose: The proposal increases certificate of need fees sufficient to cover full operating costs.

Other Identifying Information: During the 2002 legislative session, the legislature granted the department authority to exceed I-601 limitations.

Statutory Authority for Adoption: RCW 70.38.105(5).

Statute Being Implemented: RCW 70.38.105.

Summary: The amendments increase certificate of need fees by 19%.

Reasons Supporting Proposal: RCW 70.38.105(5) authorizes the department to charge fees sufficient to cover the full cost of program operations. The increase will enable the program to conduct reviews in a timely manner, which will help increase access to quality care in facilities.

Name of Agency Personnel Responsible for Drafting: Yvette Lenz, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6661; Implementation: Janis Sigman, 2725 Harrison Avenue, Olympia, WA 98502, (360) 705-6631; and Enforcement: Gary Bennett, 2725 Harrison Avenue, Olympia, WA 98502, (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: Amends fees for certificate of need program. The increase is anticipated to fully maintain program activities as required by statute.

Proposal Changes the Following Existing Rules: The proposal increases certificate of need fees by 19%.

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 which provides documentation of the need for the fee increase. To obtain a copy of the fee study, contact Yvette Lenz at the address below.

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, Facilities and Services Licensing, 2725 Harrison Avenue N.W., Suite 500, Olympia, WA 98504-7852, on June 6, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Yvette Lenz by June 2, 2002, TDD (800) 833-6388, or (360) 705-6661.

Submit Written Comments to: Yvette Lenz, Rules Coordinator, Facilities and Services Licensing, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.lenz@doh.wa.gov, fax (360) 705-6661, by June 6, 2002.

Date of Intended Adoption: June 13, 2002.

April 26, 2002

Mary C. Selecky

Secretary

OTS-5593.1


AMENDATORY SECTION(Amending WSR 01-15-094, filed 7/18/01, effective 8/18/01)

WAC 246-310-990   Certificate of need review fees.   (1) An application for a certificate of need under chapter 246-310 WAC shall include payment of a fee consisting of the following:

(a) A review fee based on the facility/project type;

(b) When more than one facility/project type applies to an application, the review fee for each type of facility/project must be included.


Facility/Project Type Review Fee
Ambulatory Surgical Centers/Facilities $((10,894)) 12,964
Amendments to Issued Certificates of Need $((6,866)) 8,171
Emergency Review $((4,419)) 5,259
Exemption Requests
Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs) $((4,419)) 5,259
Bed Banking/Conversions $((719)) 856
Determinations of Nonreviewability $((1,027)) 1,222
Hospice Care Center $((925)) 1,101
Nursing Home Replacement/Renovation Authorizations $((925)) 1,101
Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations) $((925)) 1,101
Rural Hospital/Rural Health Care Facility $((925)) 1,101
Extensions
Bed Banking $((411)) 489
Certificate of Need/Replacement Renovation Authorization Validity Period $((411)) 489
Home Health Agency $((13,155)) 15,654
Hospice Agency $((11,716)) 13,942
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) $((21,583)) 25,684
Kidney Disease Treatment Centers $((13,361)) 15,900
Nursing Homes (Including CCRCs and TCUs) $((24,667)) 29,354

(2) The fee for amending a pending certificate of need application shall be as follows:

(a) When an amendment to a pending certificate of need application results in the addition of one or more facility/project types, the review fee for each additional facility/project type must accompany the amendment application;

(b) When an amendment to a pending certificate of need application results in the removal of one or more facility/project types, the department shall refund to the applicant the difference between the review fee previously paid and the review fee applicable to the new facility/project type; or

(c) When an amendment to a pending certificate of need application results in any other change as identified in WAC 246-310-100, a fee of one thousand ((one)) three hundred nine dollars must accompany the amendment application.

(3) When a certificate of need application is returned by the department in accordance with the provisions of WAC 246-310-090 (2)(b) or (e), the department shall refund seventy-five percent of the review fees paid.

(4) When an applicant submits a written request to withdraw a certificate of need application before the beginning of review, the department shall refund seventy-five percent of the review fees paid by the applicant.

(5) When an applicant submits a written request to withdraw a certificate of need application after the beginning of review, but before the beginning of the ex parte period, the department shall refund one-half of all review fees paid.

(6) When an applicant submits a written request to withdraw a certificate of need application after the beginning of the ex parte period the department shall not refund any of the review fees paid.

(7) Review fees for exemptions and extensions shall be nonrefundable.

[Statutory Authority: RCW 70.38.105(5) and 43.70.110. 01-15-094, 246-310-990, filed 7/18/01, effective 8/18/01. Statutory Authority: RCW 70.38.105(5). 99-23-089, 246-310-990, filed 11/16/99, effective 12/17/99. Statutory Authority: Chapter 70.38 RCW. 96-24-052, 246-310-990, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 70.38.135, 43.70.250 and 70.38.919. 92-02-018 (Order 224), 246-310-990, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-310-990, filed 12/27/90, effective 1/31/91. Statutory Authority: Chapter 70.38 RCW. 90-15-001 (Order 070), 440-44-030, filed 7/6/90, effective 8/6/90. Statutory Authority: RCW 43.20A.055. 89-21-042 (Order 2), 440-44-030, filed 10/13/89, effective 11/13/89; 87-16-084 (Order 2519), 440-44-030, filed 8/5/87; 87-12-049 (Order 2494), 440-44-030, filed 6/1/87; 84-13-006 (Order 2109), 440-44-030, filed 6/7/84; 83-21-015 (Order 2037), 440-44-030, filed 10/6/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-030, filed 6/4/82.]

Washington State Code Reviser's Office