Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-054.

     Title of Rule and Other Identifying Information: WAC 246-335-990 In-home service fees. During 2004 legislative session, the legislature passed ESHB 2459, granting the department authority to exceed I-601 limitations.

     Hearing Location(s): Department of Health, Point Plaza East, Hearings Room (139), 310 Israel Road S.E., Tumwater, WA 98501, on August 17, 2004, at 9:00 a.m.

     Date of Intended Adoption: August 31, 2004.

     Submit Written Comments to: Yvette Fox, P.O. Box 47852, Olympia, WA 98504-7852, e-mail yvette.fox@doh.wa[.gov], website www3.doh.gov/policyreview, fax (360) 236-2901, by August 17, 2004.

     Assistance for Persons with Disabilities: Contact Yvette Fox by August 10, 2004, TTY (360) 833-6388 or (360) 236-2928.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amends WAC 246-335-990 by increasing fees 27%. The increase is necessary to sufficiently cover program operating costs. The increase is anticipated to fully maintain program activities as required by statute.

     Reasons Supporting Proposal: The increase will enable the program to operate and conduct inspections in a timely manner, ensuring public health and safety in these facilities. Sufficient revenue is necessary to fulfill the department's public health obligations.

     Statutory Authority for Adoption: RCW 43.70.250, 70.127.090.

     Statute Being Implemented: RCW 43.70.250.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Health, governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Byron Plan, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2916; and Enforcement: Gary Bennett, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-2900.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal is exempt under RCW 19.85.025(3) and, therefore, does not require a small business economic impact statement. However, the department prepared a fee analysis which provides documentation of the need for the fee increase. To obtain a copy of fee analysis, contact Yvette Fox at address above.

     A cost-benefit analysis is not required under RCW 34.05.328. A preliminary cost benefit analysis is not necessary for rules that set or adjust fees or rates pursuant to legislative standards according to RCW 34.05.328 (5)(b)(vi).

June 21, 2004

M. C. Selecky

Secretary

OTS-7174.2

AMENDATORY SECTION(Amending WSR 03-22-020, filed 10/27/03, effective 11/27/03)

WAC 246-335-990   Fees.   (1) A licensee or applicant shall submit to the department:

     (a) An initial twelve-month license fee of one thousand ((five)) nine hundred ((forty-eight)) sixty-six dollars for each service category for new persons not currently licensed in that category to provide in-home services in Washington state, or currently licensed businesses which have had statement of charges filed against them;

     (b) A twenty-four month 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, or the number of beds, as follows:

     (c) For single service category licenses:

# of FTEs		Home Health		Hospice		Home Care		# of Beds	Hospice Care Center
5 or less		$((1,548.00)) 1,966.00		$((774.00)) 983.00		$((464.40)) 590.00		5 or less	$((516.00)) 655.00
6 to 15		$((2,177.50)) 2,765.00		$((815.30)) 1,035.00		$((841.10)) 1,068.00		6 to 10	$((1,032.00)) 1,311.00
16 to 50		$((2,476.80)) 3,146.00		$((1,212.60)) 1,540.00		$((903.00)) 1,147.00		11 to 15	$((1,548.00)) 1,966.00
51 to 100		$((3,121.80)) 3,965.00		$((1,942.50)) 2,467.00		$((1,057.80)) 1,343.00		16 to 20	$((2,064.00)) 2,621.00
101 or more		$((3,214.70)) 4,083.00		$((2,043.40)) 2,595.00		$((1,135.20)) 1,442.00

     (d) For multiple service category licenses:

     (i) One hundred percent of the home health category fee and seventy-five percent of the appropriate service category fee for each additional service category (hospice, home care, hospice care center); or

     (ii) One hundred percent of the hospice category fee and seventy-five percent of the appropriate service category fee for each additional service category (home care, hospice care center); and

     (e) A change of ownership fee of one hundred ((fifty-four)) ninety-seven dollars ((and eighty cents)) for each licensed service category. A new license will be issued and valid for the remainder of the current license period.

     (2) The department may charge and collect from a licensee a fee of ((seven)) nine hundred ((seventy-four)) eighty-three dollars for:

     (a) A second on-site visit resulting from failure of the licensee 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.

     (3) A licensee with deemed status shall pay fees according to this section.

     (4) A licensee shall submit an additional late fee in the amount of ((twenty-five)) thirty-three dollars ((and eighty cents)) per day, not to exceed five hundred dollars, from the renewal date (which is thirty days before the current license expiration date) until the date of mailing the fee, as evidenced by the postmark.

[Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-335-990, filed 10/27/03, effective 11/27/03. Statutory Authority: Chapter 70.127 RCW. 02-18-026, § 246-335-990, filed 8/23/02, effective 10/1/02.]

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