Purpose: WAC 246-335-990 In-home services fees, increases fees by 27% in order to fully cover the costs of running the program. 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-335-990 In-home services fees.

     Statutory Authority for Adoption: RCW 43.70.250.

     Other Authority: RCW 70.127.090.

      Adopted under notice filed as WSR 04-13-160 on June 23, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 17, 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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