Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-806 - Kidney disease treatment facilities-Concurrent review cycles

Current through Register Vol. 24-14, July 15, 2024
The department will review kidney dialysis facility
				  applications using the concurrent review cycles described in this section,
				  unless the application was submitted as described in subsection (9) of this
				  section. There are four concurrent review cycles each year.
(1) Applicants must submit applications for
				review according to the following table:
Application Submission Period
Department Action
Application Review Period
Concurrent Review Cycle
Letters of Intent Due
Receipt of Initial Application
End of Screening Period
Applicant Response
Beginning of Review
Public Comment Period (includes public
						  hearing if requested)
Rebuttal Period
Exparte Period
Special Circumstances 1
First working day of
April
of
						  each year.
First working day of
May
of
						  each year.
May 15
or the first working
						  day thereafter.
June 15
or the first working
						  day thereafter.
June 22
or the first working
						  day thereafter.
30-Day
Public comment period
						  (including public hearing). Begins
June 23
or the first working
						  day thereafter.
7-Day
Rebuttal period.
						  Applicant and affected party response to public comment.
15-Day
Exparte period.
						  Department evaluation and decision.
Nonspecial Circumstance Cycle 1
First working day of
May
of
						  each year.
First working day of
June
of
						  each year.
Last working day of
June
.
Last working day of
July
.
August 5
or the first working
						  day thereafter.
30-Day
Public comment period
						  (including public hearing). Begins
August 6
or the first working
						  day thereafter.
30-Day
Rebuttal period.
						  Applicant and affected party response to public comment.
75-Day
Exparte period.
						  Department evaluation and decision.
Special Circumstances 2
First working day of
October
of each year.
First working day of
November
of each year.
November 15
or the first
						  working day thereafter.
December 15
or the first
						  working day thereafter.
December 22
or the first
						  working day thereafter.
30-Day
Public comment period
						  (including public hearing). Begins
December 23
or the first
						  working day thereafter.
7-Day
Rebuttal period.
						  Applicant and affected party response to public comment.
15-Day
Exparte period.
						  Department evaluation and decision.
Nonspecial Circumstances Cycle 2
First working day of
November
of each year.
First working day of
December
of each year.
Last working day of
December
.
Last working day of
January
.
February 5
or the first
						  working day thereafter.
30-Day
Public comment period
						  (including public hearing). Begins
February 6
or the first working
						  day thereafter.
30-Day
Rebuttal period.
						  Applicant and affected party response to public comment.
75-Day
Exparte period.
						  Department evaluation and decision.
(2)
				The department should complete a nonspecial circumstance concurrent review
				cycle within nine months, which begins the first day after letters of intent
				are due for that particular review cycle. The department should complete the
				regular review process within six months, which begins the first day after the
				letters of intent are due for that particular review cycle.
(3) The department will notify applicants
				fifteen days prior to the scheduled decision date if it is unable to meet the
				decision deadline on the applications. In that event, the department will
				establish and commit to a new decision date.
(4) When two or more applications are
				submitted for the same planning area, the department will first evaluate each
				application independently for meeting the applicable standards described in WAC
				246-310-210,
				246-310-220,
				246-310-230, and
				246-310-240. If two or more
				applications independently meet those four standards, the department will apply
				the superiority criteria in WAC
				246-310-827 to determine the
				superior application under WAC
				246-310-240(1).
(5) An applicant receiving points for the
				purposes of the superiority criteria under WAC
				246-310-827(3)(e), (f), or
				(g) may only apply for station need in one
				planning area per review cycle.
(6)
				An applicant receiving points for purposes of the superiority criteria under
				WAC 246-310-827(3)(e), (f), or
				(g) must operate the newly awarded stations
				for a period of time long enough to have a full year of data reporting medicare
				cost report worksheets and a full year of data reporting the dialysis facility
				report prior to any future applications.
(7) The department will not accept new
				nonspecial circumstance applications for a planning area if there are any
				nonspecial circumstance applications for which the certificate of need program
				has not made a decision in that planning area filed under a previous concurrent
				review cycle. This restriction does not apply if the department has not made a
				decision on the pending applications within the review timelines of nine months
				for a concurrent review and six months for a regular review. This restriction
				also does not apply to special circumstance applications.
(8) The department may convert the review of
				a nonspe-cial circumstance application that was initially submitted under a
				concurrent review cycle to a regular review process if the department
				determines that the nonspecial circumstance application does not compete with
				another nonspecial circumstance application.
(9) Pending certificate of need applications.
				Kidney dialysis facility applications submitted prior to the effective date of
				these rules will be reviewed and action taken based on the rules that were in
				effect on the date the applications were received.