Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 246-310-990 Certificate of need review fees, the rule increases review fees for certificate of need (CoN) applicants. RCW 43.70.250 requires the cost of each licensing program to be fully borne by members of that business. In 2011, the Washington state legislature adopted the 2011-2013 operating budget (2ESHB 1087, chapter 50, Laws of 2011), giving the department authority to raise review fees to cover the costs of administering the program.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-310-990.

     Statutory Authority for Adoption: Chapter 43.70 RCW, RCW 70.38.105(5), and 2ESHB 1087 (2011).

      Adopted under notice filed as WSR 12-06-052 on March 5, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

     Date Adopted: May 15, 2012.

Mary C. Selecky

Secretary

OTS-4565.1

AMENDATORY SECTION(Amending WSR 08-12-036, filed 5/30/08, effective 7/1/08)

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

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

     (b) If 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		$((17,392.00)) 20,427.00
Amendments to Issued Certificates of Need		$((10,961.00)) 12,874.00
Emergency Review		$((7,055.00)) 8,286.00
Exemption Requests
•	Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs)	$((7,055.00)) 8,286.00
•	Bed Banking/Conversions	$((1,147.00)) 1,347.00
•	Determinations of Nonreviewability	$((1,639.00)) 1,925.00
•	Hospice Care Center	$((1,476.00)) 1,733.00
•	Nursing Home Replacement/Renovation Authorizations	$((1,476.00)) 1,733.00
•	Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations)	$((1,476.00)) 1,733.00
•	Rural Hospital/Rural Health Care Facility	$((1,476.00)) 1,733.00
Extensions
•	Bed Banking	$((656.00)) 770.00
•	Certificate of Need/Replacement Renovation Authorization Validity Period	$((656.00)) 770.00
Home Health Agency		$((21,001.00)) 24,666.00
Hospice Agency		$((18,704.00)) 21,968.00
Hospice Care Centers		$((10,961.00)) 12,874.00
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers)		$((34,457.00)) 40,470.00
Kidney Disease Treatment Centers		$((21,331.00)) 25,054.00
Nursing Homes (Including CCRCs and TCUs)		$((39,380.00)) 46,253.00

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

     (a) If 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) If 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) If 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 seven hundred fifty-six)) two thousand sixty dollars must accompany the amendment application.

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

     (4) If 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) If 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) If 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 are nonrefundable.

[Statutory Authority: RCW 43.70.250, 70.38.105, 18.46.030, 70.127.090, 43.70.040. 08-12-036, § 246-310-990, filed 5/30/08, effective 7/1/08. Statutory Authority: RCW 43.70.250 and 70.38.105(5). 03-22-020, § 246-310-990, filed 10/27/03, effective 11/27/03. Statutory Authority: Chapters 70.127 and 70.38 RCW. 03-07-096, § 246-310-990, filed 3/19/03, effective 4/19/03. Statutory Authority: RCW 70.38.105 and 2002 c 371. 02-14-051, § 246-310-990, filed 6/27/02, effective 7/28/02. 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.]

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