Effective Date of Rule: June 30, 2012.

     Purpose: WAC 246-335-990 In-home services (IHS) fees, in 2011, the Washington state legislature adopted the 2011-2013 operating budget (2ESHB 1087, chapter 50, Laws of 2011 1st sp. sess.), giving the department authority to raise IHS licensing fees to cover the cost of administering the program.

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

     Statutory Authority for Adoption: Chapter 43.70 RCW, 2ESHB 1087, chapter 50, Laws of 2011 1st sp. sess.

      Adopted under notice filed as WSR 12-05-073 on February 16, 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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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-4555.3

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

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

     (a) An initial twelve-month license fee of two thousand ((one hundred sixty-two)) four hundred thirty-two 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)) for home care, home health and hospice agencies, 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, according to the following table. A twenty-four month renewal fee for hospice care centers, based on the number of beds, according to the following table:

     (((c))) (i) For single service category licenses:

# of FTEs		Home Health		Hospice		Home Care		# of Beds	Hospice Care Center
5 or less		$((2,162.00)) 2,432.00		$((1,081.00)) 1,216.00		$((649.00)) 730.00		5 or less	$((720.00)) 810.00
6 to 15		$((3,041.00)) 3,421.00		$((1,138.00)) 1,280.00		$((1,174.00)) 1,321.00		6 to 10	$((1,442.00)) 1,622.00
16 to 50		$((3,460.00)) 3,893.00		$((1,694.00)) 1,906.00		$((1,261.00)) 1,419.00		11 to 15	$((2,162.00)) 2,432.00
51 to 100		$((4,361.00)) 4,906.00		$((2,713.00)) 3,052.00		$((1,477.00)) 1,662.00		16 to 20	$((2,883.00)) 3,243.00
101 or more		$((4,491.00)) 5,052.00		$((2,854.00)) 3,211.00		$((1,586.00)) 1,784.00

     (((d))) (ii) For multiple service category licenses:

     (((i))) (A) 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))) (B) 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))) (c) A change of ownership fee of two hundred ((sixteen)) fifty dollars 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 one thousand ((eighty-one)) two hundred ninety-seven 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 ((thirty-six)) fifty dollars per day, not to exceed ((five)) six hundred fifty 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.

     (5) Refunds. The department shall refund fees paid by the applicant for initial licensure as follows:

     (a) If an application has been received but no on-site survey or technical assistance has been performed by the department, two-thirds of the fees paid, less a fifty dollar processing fee; or

     (b) If an application has been received and an on-site survey or technical assistance has been performed by the department, one-third of the fees paid, less a fifty dollar processing fee.

     (6) The department may not refund applicant fees if:

     (a) The department has performed more than one on-site visit for any purpose;

     (b) One year has elapsed since an initial licensure application is received by the department, but no license is issued because applicant failed to complete requirements for licensure; or

     (c) The amount to be refunded as calculated by subsection (5)(a) or (b) of this section is ten dollars or less.

[Statutory Authority: RCW 43.70.250, 70.38.105, 18.46.030, 70.127.090, 43.70.040. 08-12-036, § 246-335-990, filed 5/30/08, effective 7/1/08. Statutory Authority: RCW 43.70.250 and 70.127.090. 04-19-142, § 246-335-990, filed 9/22/04, effective 10/23/04. 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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