reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-090 - Submission and withdrawal of applications

Current through Register Vol. 24-14, July 15, 2024
(1) General.
(a) A person proposing an undertaking subject
				to review shall submit a certificate of need application in such form and
				manner and containing such information as the department has prescribed and
				published as necessary to such a certificate of need application.
(i) The information, which the department
				prescribes and publishes as required for a certificate of need application,
				shall be limited to the information necessary for the department to perform a
				certificate of need review and shall vary in accordance with and be appropriate
				to the category of review or the type of proposed project: Provided however,
				That the required information shall include what is necessary to determine
				whether the proposed project meets applicable criteria and standards.
(ii) Information regarding a certificate of
				need application submitted by an applicant after the department has given
				"notification of the beginning of review" in the manner prescribed by WAC
				246-310-170 shall be submitted in
				writing to the department.
(iii)
				Except as provided in WAC
				246-310-190, no information
				regarding a certificate of need application submitted by an applicant after the
				conclusion of the public comment period shall be considered by the department
				in reviewing and taking action on a certificate of need application. An
				exception to this rule shall be made when, during its final review period, the
				department finds an unresolved pivotal issue requires submission of further
				information by an applicant and the applicant agrees to an extension of the
				review period in order to resolve this issue as provided for in WAC
				246-310-160(2)(b),
				246-310-150(2)(c),
				and 246-310-140(4).
				The department shall give public notice of such request for additional
				information through the same newspaper in which the "notification of beginning
				of review" for the project was published. The notice shall identify the
				project, the nature of the unresolved issue and the information requested of
				the applicant, and shall state the period of time allowed for receipt of
				written comments from interested persons.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-100 - Amendment of certificate of need applications

Current through Register Vol. 24-14, July 15, 2024
(1) The following changes to an application
				may be considered by the department an amendment of an application:
(a) The addition of a new service or
				elimination of a service included in the original application.
(b) The expansion or reduction of a service
				included in the original application.
(c) An increase in the bed
				capacity.
(d) A change in the
				capital cost of the project or the method of financing the project.
(e) A significant change in the rationale
				used to justify the project.
(f) A
				change in the applicant.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-110 - Categories of review

Current through Register Vol. 24-14, July 15, 2024
(1) In the
				review of any certificate of need application, one of the following review
				processes shall be used: Regular review, concurrent review, emergency review,
				or expedited review.
(2)
				Determination of review process.
The department shall determine which review process will be
				  used in the review of a given certificate of need application.
(a) Emergency review.
(i) An emergency review may, with the written
				consent of the appropriate advisory review agencies, be conducted when an
				immediate capital expenditure is required in order for a health care facility
				to maintain or restore basic and essential patient services.
(ii) The department may determine an
				application submitted for emergency review does not qualify for such review.
				Such a determination and notification to the applicant shall be made within
				five days after receipt of the application. When the department makes a
				determination that an application is not subject to emergency review
				procedures, the application will be reviewed under another review process
				appropriate for the type of undertaking proposed. The department will notify
				the applicant of the other process under which the application will be
				reviewed.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-120 - Concurrent review process

Current through Register Vol. 24-14, July 15, 2024
(1)
				Projects for which the department may establish concurrent review schedules are
				identified in
				RCW
				70.38.115(7). An annual
				concurrent review has been scheduled for competing projects proposing:
(a) New nursing homes, not using bed
				allocations banked under the provisions of
				RCW
				70.38.115(13);
(b) Nursing home bed additions, not using bed
				allocations banked under the provisions of
				RCW
				70.38.115(13);
(c) The redistribution of beds from the
				following facility and service categories to nursing home beds:
(i) Acute care;
(ii) Assisted living facility; or
(iii) Intermediate care for the mentally
				retarded.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-130 - Nursing home concurrent review cycles

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall review concurrently
				during review cycles established under subsection (5) of this section the
				following:
(a) New nursing homes beds not
				using bed allocations banked under the provisions of
				RCW
				70.38.115(13);
(b) Redistribution of beds from the following
				facility or service categories to skilled nursing care beds:
(i) Acute care;
(ii) Assisted living facility care.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-132 - Open heart surgery concurrent review cycle

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall review new open
				heart surgery services using the concurrent review cycle in this
				section.
(2) Certificate of need
				applications shall be submitted and reviewed according to the following
				schedule and procedures.
(a) Letters of
				intent shall be submitted between the first working day and last working day of
				July of each year.
(b) Initial
				applications shall be submitted between the first working day and last working
				day of August of each year.
(c) The
				department shall screen initial applications for completeness by the last
				working day of September of each year.
(d) Responses to screening questions shall be
				submitted by the last working day of October of each year.
(e) The public review and comment period for
				applications shall begin on November 16 of each year. In the event that
				November 16 is not a working day in any year, then the public review and
				comment period shall begin on the first working day after November
				16.
(f) The public comment period
				shall be limited to ninety days, unless extended according to the provisions of
				WAC 246-310-120(2)(d).
				The first sixty days of the public comment period shall be reserved for
				receiving public comments and conducting a public hearing, if requested. The
				remaining thirty days shall be for the applicant or applicants to provide
				rebuttal statements to written or oral statements submitted during the first
				sixty-day period. Any affected person shall also be provided the opportunity to
				provide rebuttal statements to written or oral statements submitted during the
				first sixty-day period.
(g) The
				final review period shall be limited to sixty days, unless extended according
				to the provisions of WAC
				246-310-120(2)(d).
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-136 - Ethnic minority nursing home bed pool - Considerations for review of applications

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall consider the following factors in the course of reviewing and
				making decisions on applications for construction or establishment of nursing
				home beds for ethnic minorities.
(a)
				Conformance with applicable review criteria in WAC
				246-310-210,
				246-310-220,
				246-310-230, and
				246-310-240;
(b) Which competing applications best meet
				identified needs, consistent with the purpose of concurrent review as stated in
				RCW
				70.38.115(7).
(c) The relative degree to which the
				long-term care needs of an ethnic minority among Washington residents are not
				otherwise being met. This includes consideration of the legislature's finding
				that certain ethnic minorities have special cultural, language, dietary, and
				other needs not generally met by existing nursing homes which are intended to
				serve the general population;
(d)
				The percentage of low-income persons who would be served by the proposed
				project; and
(e) The impact of the
				proposal on the area's total need for nursing home beds.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-140 - Emergency review process

Current through Register Vol. 24-14, July 15, 2024
(1) The
				emergency review process shall not exceed fifteen working days from the
				beginning of the review period.
(2)
				The department shall complete its final review and the secretary's designee
				shall make his or her decision on an emergency certificate of need application
				within fifteen working days after the beginning of the review period unless the
				department extends its final review period in accordance with the provisions of
				subsection (3) of this section.
(3)
				If an issue, which is pivotal to the decision of the secretary's designee
				remains unresolved, the department may make one request for additional
				information from the person submitting the application. The department may
				extend its final emergency review period up to but not exceeding ten days after
				receipt of the applicant's written response to the department's request for
				information.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
					 246-310-140, filed 11/27/96, effective 12/28/96. Statutory Authority:
					 RCW
					 43.70.040. 91-02-049 (Order 121), recodified
					 as § 246-310-140, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 70.38.135. 86-06-030 (Order 2344), §
					 248-19-350, filed 2/28/86; 82-19-055 (Order 244), § 248-19-350, filed
					 9/15/82; 81-09-012 (Order 210), § 248-19-350, filed 4/9/81, effective
					 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079 (Order 188), §
					 248-19-350, filed 11/30/79.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-150 - Expedited review process

Current through Register Vol. 24-14, July 15, 2024
(1) The
				expedited review process shall not exceed fifty days from the beginning of the
				review period unless extended in accordance with the provisions of subsection
				(2) of this section.
(a) The public comment
				period shall be limited to thirty days. The first twenty days of the public
				comment period shall be reserved for receiving public comments. The remaining
				ten days shall be for the applicant or applicants to provide rebuttal
				statements to written or oral statements submitted during the first twenty-day
				period. Any affected person shall also be provided the opportunity to provide
				rebuttal statements to written or oral statements submitted during the first
				twenty-day period.
(b) The
				department shall complete its final review and the secretary's designee shall
				make his or her decision on a certificate of need application under an
				expedited review within twenty days of the end of the public comment
				period.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-160 - Regular review process

Current through Register Vol. 24-14, July 15, 2024
(1) The
				regular review process shall not exceed ninety days from the beginning of the
				review period and shall be conducted in accordance with this section unless the
				review period is extended in accordance with the provisions of subsection (2)
				of this section.
(a) The public comment
				period shall be limited to forty-five days. The first thirty-five days of the
				public comment period shall be reserved for receiving public comments and
				conducting a public hearing, if requested. The remaining ten days shall be
				reserved for the applicant to provide rebuttal statements to written or oral
				statements submitted during the first thirty-five day period. Any affected
				person shall also be provided the opportunity to provide rebuttal statements to
				written or oral statements submitted during the first thirty-five day
				period.
(b) The department shall
				complete its final review and the secretary's designee shall make a decision on
				a certificate of need application within forty-five days of the end of the
				public comment period.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-170 - Notification of beginning of review

Current through Register Vol. 24-14, July 15, 2024
(1)
				Notice required.
The department shall provide written notification of the
				  beginning of the review of a certificate of need application and notification
				  of the beginning of the review of a proposed withdrawal of a certificate of
				  need to interested persons and any other person submitting a written request
				  that the person's name be on the mailing list for such notice. Notification of
				  the beginning of the review of a certificate of need application shall be
				  provided through a newspaper of general circulation in the health service area
				  of the project.
(2)
				Specific notice requirements.
(a) The
				department shall give "notification of the beginning of review" of an
				application after the department has received an application or the applicant's
				request, submitted in accordance with WAC
				246-310-090(2)(c),
				that review of the application begin. Such notice shall be given according to
				the following requirements:
(i) Emergency
				review.
When an application is being reviewed under the emergency
				  review process, required notices shall be given within five working days
				  following the receipt of a complete application or the applicant's written
				  request that review of the application begin.
(ii) Expedited and regular review.
When an application is being reviewed under the expedited or
				  regular review process, required notices shall be given within five working
				  days of a declaration that the application is complete or the applicant's
				  request that review of the application begin.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-180 - Public hearings

Current through Register Vol. 24-14, July 15, 2024
(1) "Opportunity
				for a public hearing," as used in this section, shall mean a public hearing
				will be conducted if a valid request for such a hearing has been submitted by
				one or more interested persons.
(2)
				The department shall provide opportunity to interested persons for a public
				hearing on:
(a) A certificate of need
				application under review, unless the application is being reviewed according to
				the emergency or expedited review processes; and
(b) The proposed withdrawal of a certificate
				of need.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-190 - Ex parte contacts

Current through Register Vol. 24-14, July 15, 2024
(1) There shall be
				no ex parte contacts as defined in WAC
				246-310-010 after whichever of
				the following occurs last:
(a) The conclusion
				of a public hearing held in accordance with WAC
				246-310-180, or
(b) The end of the public comment
				period.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-200 - Bases for findings and action on applications

Current through Register Vol. 24-14, July 15, 2024
(1) The findings of the department's review
				of certificate of need applications and the action of the secretary's designee
				on such applications shall, with the exceptions provided for in WAC
				246-310-470 and
				246-310-480 be based on
				determinations as to:
(a) Whether the proposed
				project is needed;
(b) Whether the
				proposed project will foster containment of the costs of health care;
(c) Whether the proposed project is
				financially feasible; and
(d)
				Whether the proposed project will meet the criteria for structure and process
				of care identified in WAC
				246-310-230.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-210 - Determination of need

Current through Register Vol. 24-14, July 15, 2024
The determination of need for any project shall be based on
				  the following criteria, except these criteria will not justify exceeding the
				  limitation on increases of nursing home beds provided in WAC
				  246-310-810.
(1) The population served
				or to be served has need for the project and other services and facilities of
				the type proposed are not or will not be sufficiently available or accessible
				to meet that need. The assessment of the conformance of a project with this
				criterion shall include, but need not be limited to, consideration of the
				following:
(a) In the case of a reduction,
				relocation, or elimination of a service, the need the population presently
				served has for the service, the extent to which the need will be met adequately
				by the proposed relocation or by alternative arrangements, and the effect of
				the reduction, elimination, or relocation of the service on the ability of
				low-income persons, racial and ethnic minorities, women, handicapped persons,
				and other underserved groups and the elderly to obtain needed health
				care;
(b) In the case of health
				services or facilities proposed to be provided, the efficiency and
				appropriateness of the use of existing services and facilities similar to those
				proposed;
(c) In the case of an
				application by an osteopathic or allopathic facility the need for and the
				availability in the community of services and facilities for osteopathic and
				allopathic physicians and their patients, and the impact on existing and
				proposed institutional training programs for doctors of osteopathy and medicine
				at the student, internship, and residency training levels; and
(d) In the case of a project not involving
				health services, the contribution of the project toward overall management and
				support of such services.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-220 - Determination of financial feasibility

Current through Register Vol. 24-14, July 15, 2024
The determination of financial feasibility of a project shall
				  be based on the following criteria.
(1) The immediate and long-range capital and
				operating costs of the project can be met.
(2) The costs of the project, including any
				construction costs, will probably not result in an unreasonable impact on the
				costs and charges for health services.
(3) The project can be appropriately
				financed.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121),
					 recodified as § 246-310-220, filed 12/27/90, effective 1/31/91. Statutory
					 Authority: Chapter 70.38 RCW. 79-12-079 (Order 188), § 248-19-380, filed
					 11/30/79.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-230 - Criteria for structure and process of care

Current through Register Vol. 24-14, July 15, 2024
A determination that a project fosters an acceptable or
				  improved quality of health care shall be based on the following
				  criteria.
(1) A sufficient supply of
				qualified staff for the project, including both health personnel and management
				personnel, are available or can be recruited.
(2) The proposed service(s) will have an
				appropriate relationship, including organizational relationship, to ancillary
				and support services, and ancillary and support services will be sufficient to
				support any health services included in the proposed project.
(3) There is reasonable assurance that the
				project will be in conformance with applicable state licensing requirements
				and, if the applicant is or plans to be certified under the medicaid or
				medicare program, with the applicable conditions of participation related to
				those programs.
(4) The proposed
				project will promote continuity in the provision of health care, not result in
				an unwarranted fragmentation of services, and have an appropriate relationship
				to the service area's existing health care system.
(5) There is reasonable assurance that the
				services to be provided through the proposed project will be provided in a
				manner that ensures safe and adequate care to the public to be served and in
				accord with applicable federal and state laws, rules, and regulations. The
				assessment of the conformance of a project to this criterion shall include but
				not be limited to consideration as to whether:
(a) The applicant or licensee has no history,
				in this state or elsewhere, of a criminal conviction which is reasonably
				related to the applicant's competency to exercise responsibility for the
				ownership or operation of a health care facility, a denial or revocation of a
				license to operate a health care facility, a revocation of a license to
				practice a health profession, or a decertification as a provider of services in
				the medicare or medicaid program because of failure to comply with applicable
				federal conditions of participation; or
(b) If the applicant or licensee has such a
				history, whether the applicant has affirmatively established to the
				department's satisfaction by clear, cogent and convincing evidence that the
				applicant can and will operate the proposed project for which the certificate
				of need is sought in a manner that ensures safe and adequate care to the public
				to be served and conforms to applicable federal and state
				requirements.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-240 - Determination of cost containment

Current through Register Vol. 24-14, July 15, 2024
A determination that a proposed project will foster cost
				  containment shall be based on the following criteria:
(1) Superior alternatives, in terms of cost,
				efficiency, or effectiveness, are not available or practicable.
(2) In the case of a project involving
				construction:
(a) The costs, scope, and
				methods of construction and energy conservation are reasonable; and
(b) The project will not have an unreasonable
				impact on the costs and charges to the public of providing health services by
				other persons.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-260 - Kidney transplantation

Current through Register Vol. 24-14, July 15, 2024
(1) Kidney
				transplantation is a tertiary service as listed in WAC
				246-310-020.
(2) To receive approval a kidney transplant
				center must meet the following standards in addition to applicable review
				criteria in WAC
				246-310-210,
				246-310-220,
				246-310-230, and
				246-310-240.
(a) A center shall perform at least fifteen
				transplants annually by the fourth year of operation.
(b) A center shall document that it will meet
				the requirements of membership to the United Network for Organ Sharing (UNOS)
				or its successor organization.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-280

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-280,
					 filed 12/1/06, effective 1/1/07. Statutory Authority: Chapter 70.38 RCW.
					 96-24-052, § 246-310-280, filed 11/27/96, effective 12/28/96. Statutory
					 Authority:
					 RCW
					 70.38.135(3)(c). 93-13-015
					 (Order 367), § 246-310-280, filed 6/7/93, effective 7/8/93. Statutory
					 Authority:
					 RCW
					 70.38.135 and
					 70.38.919. 92-02-018 (Order 224),
					 § 246-310-280, filed 12/23/91, effective 1/23/92. Statutory Authority:
					 RCW
					 43.70.040. 91-02-049 (Order 121), recodified
					 as § 246-310-280, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 70.38.919. 90-16-058 (Order 073), §
					 248-19-701, filed 7/27/90, effective
					 8/27/90.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-282

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-282,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-284

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-284,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-286

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-286,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-287

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-287,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-288

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-288,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-289

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 70.38.135. 06-24-050, § 246-310-289,
					 filed 12/1/06, effective 1/1/07.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-290 - Hospice services-Standards and need forecasting method

Current through Register Vol. 24-14, July 15, 2024
The following rules apply to any in-home services agency
				  licensed or an applicant intending to become licensed to provide hospice
				  services, and intending to become a medicare certified or medicaid contracted
				  service provider in a designated planning area.
(1) The definitions in this subsection apply
				throughout this section unless the context clearly indicates otherwise:
(a) "ADC" means average daily census and is
				calculated by:
(i) Multiplying projected
				annual hospice agency admissions by the most recent average length of stay in
				Washington, based on the most recent data reported to the Centers for Medicare
				and Medicaid Services (CMS) to derive the total annual days of care;
(ii) Dividing the total calculated in (a)(i)
				of this subsection by three hundred sixty-five (days per year) to determine the
				ADC.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-295 - Hospice care center - Standards

Current through Register Vol. 24-14, July 15, 2024
The following rules apply to any in-home services agency
				  licensed to provide hospice services, that is or has declared an intent to
				  become additionally licensed to provide hospice care center services.
(1) Definitions.
(a) "Applicant" means an in-home services
				agency licensed to provide hospice services under chapter 246-335
				WAC.
(b) "Hospice care center"
				means a homelike, noninstitutional facility where hospice services are
				provided, and that meet the requirements for operation under
				RCW
				70.127.280 and chapter 246-335 WAC.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-360 - Nursing home bed need method

Current through Register Vol. 24-14, July 15, 2024
For all applications where the need for nursing home beds is
				  not deemed met as identified in
				  RCW
				  70.38.115(13), the following
				  mathematical calculation will be used as a guideline and represent only one
				  component of evaluating need:
(1) The
				department shall calculate the statewide and planning area specific estimated
				bed need for the projection year by multiplying the estimated statewide and
				planning area specific resident population for the projection year by the
				established ratio;
(2) The
				department shall then calculate the projected current supply ratio statewide
				and for each planning area. The current supply ratio shall be computed from the
				most recent bed supply and the projection year estimate of resident
				population.
(3) The department
				shall next determine the areas of the state that will be under the established
				ratio, or over the established ratio in the projection year by comparing each
				planning area's projected current supply ratio to the established
				ratio.
(4) The department shall
				compare the most recent statewide bed supply with the statewide estimated bed
				need.
(a) If the current statewide bed supply
				is greater than or equal to the statewide estimated bed need, then calculation
				of statewide need for new beds ends.
(b) If the current statewide bed supply is
				less than the statewide estimated bed need, the department shall determine the
				difference between the statewide estimated bed need and the statewide current
				bed supply, which shall be called statewide available beds.
(i) If the number of statewide available beds
				is large enough, the department shall assign to each planning area under the
				established ratio the number of beds necessary to bring it up to the
				established ratio in the projection year.
(ii) If the number of statewide available
				beds is insufficient to assign each planning area under the established ratio
				the number of new beds necessary to bring it up to the established ratio, the
				department shall assign to each planning area under the established ratio a
				proportion of statewide available beds equal to the ratio of that planning
				area's bed need to reach the established ratio to the total beds required for
				all planning areas under the established ratio to reach the established ratio
				in the projection year.
(iii) The
				department shall not assign more new beds to a planning area than the number
				which, when added to the planning area's bed supply, will raise the planning
				area's bed-to-population ratio to the greater of the established ratio and the
				statewide current ratio.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-370 - Nursing home bed need method revision

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall review the
				projection method and may make changes in accordance with the following
				process:
(a) The appropriate consumer and
				provider representatives and the department of social and health services shall
				be notified of the department's plan to evaluate the projection method and be
				provided information on the process for participating in the
				evaluation;
(b) Proposed revisions
				to the projection method shall be developed in consultation with the responding
				representatives. An opportunity for public comment on the proposed revisions to
				the projection method will be provided prior to filing the proposed
				rules.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-380 - Nursing home bed need standards

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department shall use the following rules in conjunction with the
				certificate of need review criteria contained in WAC
				246-310-210(1) 
				for applications proposing the following:
(a)
				Construction, development, or other establishment of a new nursing
				home;
(b) Increase in the licensed
				bed capacity of a nursing home or a hospital long-term care unit;
(c) Change in license category of beds from
				the following to nursing home or hospital long-term care unit beds:
(i) Acute care; or
(ii) Assisted living facility care;
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-390 - Nursing home bed need adjustments

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall use the procedures
				described in this section to make adjustments to planning area net estimated
				bed need.
(2) For planning areas
				for which a nursing home review is scheduled or is ongoing, the department
				shall use the following procedures to adjust a planning area's net estimated
				bed need between April tenth or the first working day thereafter and the last
				working day in January of the following year.
(a) Where an increase in the bed supply of a
				planning area results in a reduction in net estimated bed need, the department
				shall use the following procedures:
(i) When
				a reduction in net estimated bed need occurs prior to the date of beginning of
				review for the applicable concurrent review cycle, the department shall:
(A) Inform, in writing, all persons from whom
				the department has received an application and/or a valid letter of intent of
				the reduction; and
(B) Explain the
				procedures for withdrawing or amending a certificate of need
				application.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-395 - Nursing home bed banking for alternative use notice requirements

Current through Register Vol. 24-14, July 15, 2024
In the case of a nursing home licensee, requesting to convert
				  some of the nursing home beds to an alternative use, as defined in
				  RCW
				  70.38.111(8), or reduce the
				  number of beds per room to two or one, or otherwise enhance the quality of life
				  for residents and preserve the right to later convert the original portion of
				  the facility back to skilled nursing care, the nursing home shall give notice
				  of intent to preserve its conversion options to the department of
				  health.
(1) Notice of the nursing
				homes intent to preserve conversion options shall be given to the department of
				health no later than thirty days after the effective date of the license
				modification made by the nursing home licensing authority. Such notices shall
				be signed by the licensee and include the following:
(a) A description of the alternative service
				to be provided or a description of how the proposed bed banking will have a
				direct and immediate benefit to the quality of life of the residents and a
				listing of the number of beds, by room number;
(b) A projected timeline for implementation;
				and
(c) In the event the nursing
				home licensee, as defined by WAC
				246-310-010, is not the nursing
				home owner, the licensee shall document whether the building owner has a
				secured interest in the beds.
If the building owner does have a secured interest
								in the beds, the licensee shall provide a written statement, signed by the
								building owner, indicating approval of the bed reduction.
If the building owner does not have a secured
								interest in the beds, the licensee shall provide documentation showing that the
								building owner has been notified of the bed reduction.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-396 - Nursing home bed banking requirements for full facility closure

Current through Register Vol. 24-14, July 15, 2024
In the case of a nursing home licensee, as defined in WAC
				  246-310-010 ceasing operation as
				  a nursing home or any other party who has secured an interest in the beds and
				  requesting to retain the nursing home bed allocation, pursuant to
				  RCW
				  70.38.115(13)(b), the
				  licensee or other party who has secured an interest in the beds shall give
				  notice to the department of health.
(1) Notice of the nursing homes intent to
				retain the nursing home bed allocation shall be given to the department of
				health no later than thirty days after the effective date of the homes closure.
				Such notices shall be signed by the licensee and include the following:
(a) The name of the facility ceasing
				operation;
(b) The number of beds
				in the bed allocation to be retained;
(c) Documentation of the effective date of
				the facility closure;
(d) The name,
				address, and telephone number of a contact person;
(e) Documentation as to whether the applicant
				is the licensee who has operated the beds for at least one year immediately
				preceding the reservation of the beds; and
(f) In the event the nursing home licensee,
				as defined by WAC
				246-310-010, is not the nursing
				home owner, the licensee shall document whether the building owner or other
				party has a secured interest in the beds.
If the building owner or other party does have a
								secured interest in the beds, the licensee shall provide a written statement,
								signed by the building owner or other party, indicating approval of the
								facility's closure.
If the building owner or other party does not have
								a secured interest in the beds, the licensee shall provide documentation
								showing that the building owner or other party has been notified of the
								facility's closure.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-397 - Nursing home bed replacement notice requirements

Current through Register Vol. 24-14, July 15, 2024
In the case of a nursing home licensee wanting to replace
				  nursing home beds pursuant to WAC
				  246-310-044, the nursing home
				  shall give notice of intent to replace the beds to the department of
				  health.
Notice of the nursing home licensees intent to replace the
				  nursing home beds shall be given to the department a minimum of thirty days
				  prior to initiating the replacement project. Such notices shall be signed by
				  the licensee and include the following:
(1) Documentation that the applicant is the
				existing licensee at all affected facilities and has operated the beds at all
				affected facilities for at least one year immediately preceding the replacement
				exemption request fulfilling the notice requirements of this section;
(2) An affidavit from the applicant that the
				applicant intends to be the licensee at all affected facilities at the time of
				project completion. This affidavit shall include a statement that the applicant
				acknowledges the project can not be completed if the applicant is not the
				licensee at the time of project completion except as allowed for under the
				provisions of
				RCW
				70.38.115(14);
(3) In the event the nursing home licensee,
				as defined by WAC
				246-310-010, is not the nursing
				home owner, the licensee shall document whether the building owner has a
				secured interest in the beds.
(a) If the
				building owner does have a secured interest in the beds, the licensee shall
				provide a written statement, signed by the building owner, indicating approval
				of the bed replacement. In the event that the licensee is unable to complete
				the replacement project, as referenced in
				RCW
				70.38.115(14), the building
				owner shall be permitted to complete the project.
(b) If the building owner does not have a
				secured interest in the beds, the licensee shall provide documentation showing
				that the building owner has been notified of the proposed project. In the event
				that the licensee is unable to complete the replacement project, as referenced
				in RCW
				70.38.115(14), the building
				owner shall not be permitted to complete the project.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-410 - Swing bed review standards

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall use the following rules, in addition to those under WAC
				246-310-380 to interpret the
				certificate of need review criteria contained in WAC
				246-310-210,
				246-310-220,
				246-310-230, and
				246-310-240 for applications by
				hospitals proposing an increase in the number of designated swing
				beds.
(2) Swing beds are defined as
				up to the first five hospital beds, so designated by an eligible rural
				hospital, which are available to provide either acute care or long-term care
				nursing services as required.
(3)
				Hospitals proposing swing bed projects shall:
(a) Be located in geographic areas of the
				state defined by the United States Bureau of the Census as a nonstandardized
				metropolitan statistical area; and
(b) Have total licensed bed capacity not
				exceeding one hundred.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-470 - Review and action on health maintenance organization projects

Current through Register Vol. 24-14, July 15, 2024
(1) Undertakings
				requiring a certificate of need.
A certificate of need shall be required for any undertaking
				  which, in accordance with WAC
				  246-310-020, is subject to the
				  provisions of chapter 246-310 WAC, unless an exemption has been granted for
				  such undertaking under the provisions of WAC
				  246-310-040.
(2) Required approval.
The secretary's designee shall issue a certificate of need
				  for a proposed project if the certificate of need applicant for the proposed
				  project is a health maintenance organization or a health care facility
				  controlled (directly or indirectly) by a health maintenance organization and
				  the department finds the proposed project meets the criteria set forth in WAC
				  246-310-210(5).
(3) Sale, acquisition, or lease of
				facilities or equipment for which a certificate of need has been issued.
A health care facility (or portion thereof) for which a
				  certificate of need has been issued under the provisions of this section shall
				  not be sold or leased and a controlling interest in such facility or in a lease
				  of the facility shall not be acquired unless an exemption or a certificate of
				  need for such sale, lease, or acquisition has been granted by the secretary's
				  designee.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
					 246-310-470, filed 11/27/96, effective 12/28/96. Statutory Authority:
					 RCW
					 70.38.135 and
					 70.38.919. 92-02-018 (Order 224),
					 § 246-310-470, filed 12/23/91, effective 1/23/92. Statutory Authority:
					 RCW
					 43.70.040. 91-02-049 (Order 121), recodified
					 as § 246-310-470, filed 12/27/90, effective 1/31/91. Statutory Authority:
					 RCW
					 70.38.135. 86-06-030 (Order 2344), §
					 248-19-410, filed 2/28/86; 81-09-012 (Order 210), § 248-19-410, filed
					 4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079
					 (Order 188), § 248-19-410, filed
					 11/30/79.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-480 - Projects proposed for the correction of deficiencies

Current through Register Vol. 24-14, July 15, 2024
(1) For the purposes of this section,
				"correction of deficiencies" shall mean one or more of the following:
(a) Eliminating or preventing imminent safety
				hazards as defined by federal, state, or local fire, building, or life safety
				codes or regulations; or
(b)
				Complying with state licensing standards; or
(c) Complying with accreditation or
				certification standards which must be met to receive reimbursement under Titles
				XVIII or XIX of the Social Security Act.