WSR 12-06-051

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 5, 2012, 10:43 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-320-199 Fees, hospital licensing fee increase.

Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501-7852, on April 19, 2012, at 9:30.

Date of Intended Adoption: May 3, 2012.

Submit Written Comments to: Barbara Runyon, P.O. Box 47852, Olympia, WA 98504-7852, e-mail barbara.runyon@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2901, by April 19, 2012.

Assistance for Persons with Disabilities: Contact Barbara Runyon by April 12, 2012, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule will increase licensing fees for hospitals. 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 licensing fees. The fee increase is necessary to defray the costs of the hospital inspection program. The expenses in 2011-2013 biennium will exceed the projected revenue without the fee increase. State law (RCW 43.70.250) requires that business licensing programs be fully self supporting and directs the department to raise fees as necessary to meet the actual costs of operating the acute care hospital program.

Reasons Supporting Proposal: RCW 43.70.250 requires the cost of each licensing program be fully borne by the members of that business. The department is required to periodically adjust fees at a sufficient level to defray the costs of administering its programs. Expenses in the 2011-2013 biennium, including travel, rent and utilities will exceed the projected revenue. These fees are critical to ensuring the safety of patients accessing hospital care services.

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

Statute Being Implemented: RCW 43.70.250, 2ESHB 1087, (chapter 50, Laws of 2011 1st sp. sess.).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara Runyon, 310 Israel Road S.E., Tumwater, WA, (360) 236-2937.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement (SBEIS) was not prepared. Under RCW 19.85.025 and 34.05.310 (4)(f), an SBEIS is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

March 5, 2012

Mary C. Selecky

Secretary

OTS-4071.1


AMENDATORY SECTION(Amending WSR 09-07-050, filed 3/11/09, effective 4/11/09)

WAC 246-320-199   Fees.   This section establishes the license and annual use fees for hospitals.

(1) Applicants must:

(a) Send the department an initial license fee of one hundred ((thirteen)) twenty-three dollars for each bed space within the authorized bed capacity for the hospital;

(b) Include all bed spaces in rooms complying with physical plant and movable equipment requirements of this chapter for twenty-four-hour assigned patient care;

(c) Include level 2 and 3 bassinet spaces;

(d) Include bed spaces assigned for less than twenty-four-hour patient use as part of the licensed bed capacity when:

(i) Physical plant requirements of this chapter are met without movable equipment; and

(ii) The hospital currently possesses the required movable equipment and certifies this fact to the department;

(e) Exclude all normal infant bassinets.

(2) Licensees shall:

(a) Send the department by November 30 of each year an annual use fee of one hundred ((thirteen)) twenty-three dollars for each bed space within the authorized bed capacity of the hospital;

(b) Include all bed spaces in rooms complying with physical plant and movable equipment requirements of this chapter for twenty-four-hour assigned patient rooms;

(c) Include level 2 and 3 bassinet spaces;

(d) Include bed spaces assigned for less than twenty-four-hour patient use as part of the licensed bed capacity when:

(i) Physical plant requirements of this chapter are met without movable equipment; and

(ii) The hospital currently possesses the required movable equipment and certifies this fact to the department;

(e) Exclude all normal infant bassinets; and

(f) Exclude beds banked as authorized by certificate of need under chapter 70.38 RCW.

(3) A licensee shall send a late fee in the amount of one hundred dollars per day whenever the annual use fee is not paid by November 30. The total late fee will not exceed twelve hundred dollars.

(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 and not conducted an on-site survey or provided technical assistance; or

(b) One-third of the initial fee paid after the department has received an application and conducted either an on-site survey or provided technical assistance but not issued a license.

[Statutory Authority: Chapter 70.41 RCW and RCW 43.70.040. 09-07-050, 246-320-199, filed 3/11/09, effective 4/11/09.]

Washington State Code Reviser's Office