Date of Adoption: June 14, 2002.

     Purpose: The proposed changes adjust the certificate of need review fees. The fee increase is needed to defray the cost of administering the certificate of need program as mandated under RCW 70.38.105.

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

     Statutory Authority for Adoption: RCW 70.38.105.

     Other Authority: Chapter 371, Laws of 2002.

      Adopted under notice filed as WSR 02-10-064 on April 26, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

June 26, 2002

Mary C. Selecky

Secretary

OTS-5593.1

AMENDATORY SECTION(Amending WSR 01-15-094, filed 7/18/01, effective 8/18/01)

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

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

     (b) When 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		$((10,894)) 12,964
Amendments to Issued Certificates of Need		$((6,866)) 8,171
Emergency Review		$((4,419)) 5,259
Exemption Requests
•	Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs)	$((4,419)) 5,259
•	Bed Banking/Conversions	$((719)) 856
•	Determinations of Nonreviewability	$((1,027)) 1,222
•	Hospice Care Center	$((925)) 1,101
•	Nursing Home Replacement/Renovation Authorizations	$((925)) 1,101
•	Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations)	$((925)) 1,101
•	Rural Hospital/Rural Health Care Facility	$((925)) 1,101
Extensions
•	Bed Banking	$((411)) 489
•	Certificate of Need/Replacement Renovation Authorization Validity Period	$((411)) 489
Home Health Agency		$((13,155)) 15,654
Hospice Agency		$((11,716)) 13,942
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers)		$((21,583)) 25,684
Kidney Disease Treatment Centers		$((13,361)) 15,900
Nursing Homes (Including CCRCs and TCUs)		$((24,667)) 29,354

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

     (a) When 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) When 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) When 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 ((one)) three hundred nine dollars must accompany the amendment application.

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

     (4) When 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) When 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) When 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 shall be nonrefundable.

[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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