DEPARTMENT OF HEALTH
[Filed December 26, 2018, 11:32 a.m., effective April 15, 2019]
Effective Date of Rule: April 15, 2019.
Purpose: WAC 246-330-199 Fees—License, change of ownership, refund process, adopting increases in initial license and renewal fees for ambulatory surgical facilities (ASF). Current fees only generate about thirty-seven percent of funding needed to support all legislatively mandated activities. These include licensure, inspections, complaint investigations, enforcement, and program administration. Inspections include prelicensure and ongoing health and safety inspections to confirm compliance with minimum standards and identify deficiencies that pose patient safety risks. The increased fees are projected to fully fund the ASF program and avoid a projected funding gap of $1,616,000 over three years.
Citation of Rules Affected by this Order: Amending WAC 246-330-199.
Adopted under notice filed as WSR 18-19-052 on September 14, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: December 26, 2018.
John Wiesman, DrPH, MPH
AMENDATORY SECTION(Amending WSR 12-10-010, filed 4/19/12, effective 6/1/12)
WAC 246-330-199Fees—License, change of ownership, refund process.
This section establishes the initial and renewal license fees, change of ownership fee, late fee, and request for refund of an initial license fee for an ambulatory surgical facility (ASF).
(1) Initial and renewal license fees. An initial license or a renewal license and fee are valid for three years from date of issuance. An applicant for an initial or renewal license must submit one of the following fees to the department:
ambulatory surgical facility initial and renewal fees
Initial and Renewal
1,000 or Fewer Surgical
1,001 - 5,000 Surgical
More than 5,000 Surgical Procedures
Accredited or Medicare Certified
State Licensed Only
(a) Accredited means an ASF is accredited by one of the organizations identified in WAC 246-330-025 (1)(b).
(b) Medicare certified means an ASF is certified by the Centers for Medicare and Medicaid Services (CMS).
(c) State licensed only means an ASF that is not accredited and is not medicare certified.
(2) Late fee. A licensee must send the department a late fee in the amount of fifty dollars per day, not to exceed one thousand dollars, whenever the renewal fee is not paid by thirty days before the license expiration (date as indicated by the postmark).
(3) Change of ownership. The change of ownership fee is good for that transaction and does not change the original license ending date. The person purchasing or taking over ownership of a licensed ASF must:
(a) Send the department a change of ownership fee in the amount of five hundred dollars thirty days before the change of ownership becomes final (date as indicated by the postmark); and
(b) Receive from the department a new license valid for the remainder of the current license period.
(4) An applicant may request a refund for initial licensure as follows:
(a) Two-thirds of the initial fee paid after the department has received an application but has not conducted an on-site survey or provided technical assistance and has not issued a license; or
(b) One-third of the initial fee paid after the department has received an application and has conducted either an on-site survey or provided technical assistance but not issued a license.