reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-010 - Purpose and scope

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to:
(1) Establish a funding program for public
				water system infrastructure improvements that increase a public water system's
				ability to provide safe and reliable drinking water and improve public health
				protection;
(2) Establish
				eligibility criteria for public water systems to receive funding including, but
				not limited to, proper operation, management, and maintenance consistent with
				federal DWSRF capacity requirements;
(3) Provide additional financial assistance
				to eligible dis-advantaged communities;
(4) Provide DWSRF loans in response to an
				emergency;
(5) Use a portion of the
				EPA capitalization grant for set-aside activities according to federal
				law;
(6) Establish that sound
				financial practices and ongoing oversight are in place to manage the DWSRF in
				perpetuity;
(7) Establish
				requirements for public water systems to receive a DWSRF loan including, but
				not limited to, planning requirements; being resource efficient, sustainable,
				and environmentally sound;
(8)
				Establish requirements for public water systems to receive a DWSRF loan in
				response to an emergency; and
(9)
				Establish the responsibilities of the department for administering the DWSRF
				loan program.
Statutory Authority:
					 RCW
					 70.119A.170 and Federal Safe Drinking Water
					 Act, H.R. 1452. 12-01-077, § 246-296-010, filed 12/19/11, effective
					 2/1/12. Statutory Authority:
					 RCW
					 70.119A.170. 01-21-137, § 246-296-010,
					 filed 10/24/01, effective 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-020 - Definitions, abbreviations, and acronyms

Current through Register Vol. 24-14, July 15, 2024
The definitions, abbreviations, and acronyms in this section
				  apply throughout this chapter unless the context clearly indicates
				  otherwise.
(1)
"Affordability"
means a community's ability, on a per household
				basis, to pay for rate increases that result from a DWSRF loan
				project.
(2)
"Application"
means the DWSRF loan request form provided by the
				department.
(3)
"Application
				package"
means the DWSRF loan application form(s), requirements, terms
				of assistance, and related information created by the department.
(4)
"Borrower"
means the person
				that has legal and financial responsibility for the DWSRF loan.
(5)
"Capitalization grant"
means
				an award by EPA of funds to a state for the DWSRF and other purposes as
				authorized in Section 1452 of the SDWA.
(6)
"Construction completion
				report"
means a form provided by the department and completed for each
				specific construction project to document:
(a)
				Project construction in accordance with chapter 246-290 WAC and general
				standards of engineering practice;
(b) Physical capacity changes;
(c) Satisfactory test results; and
(d) The completed form is stamped with an
				engineer's seal, and signed and dated by a professional engineer.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-030 - Administration

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall:
(a) Apply for and receive the DWSRF
				grant from EPA;
(b) Manage the use
				of DWSRF set-aside funds for regulatory purposes and technical assistance to
				public water systems as authorized under the SDWA;
(c) Annually develop ranking values for the
				criteria under WAC
				246-296-130 by assigning the
				highest value to proposed projects that resolve the most significant public
				health problems;
(d) Provide
				guidance to public water systems before the yearly application cycle
				begins;
(e) Publish the ranking
				values in the funding application package;
(f) Determine public water system and project
				eligibility for DWSRF loans;
(g)
				Develop lists of proposed projects for DWSRF loans in priority order;
				and
(h) Submit the IUP to
				EPA.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-040 - Use of funds by the state

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department may use the following funds to carry out the purposes of the DWSRF:
(a) Capitalization grants provided by the
				federal government;
(b) State
				matching funds appropriated under
				RCW
				70A.125.160;
(c) Principal and interest
				payments;
(d) DWSRF loan fees;
				and
(e) Any other funds earned and
				deposited.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-050 - DWSRF loan terms

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may approve a DWSRF loan for a project that will not serve a disadvantaged
				community at or below market interest rates for a maximum of twenty years from
				project completion.
(2) The
				department may approve a DWSRF loan for projects that will serve disadvantaged
				communities:
(a) At an interest rate set at
				or below market interest rates for up to thirty years, as long as the DWSRF
				loan does not exceed the useful life of the project;
(b) That qualifies for principal forgiveness
				for up to fifty percent of the principal DWSRF loan amount; or
(c) That qualifies for principal forgiveness
				for up to seventy-five percent of the principal DWSRF loan amount for an
				emergency loan.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-060 - Establishing a DWSRF loan fee, loan fee account, and loan fee uses

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall:
(a) Establish the terms of a DWSRF
				loan fee; and
(b) Annually set the
				DWSRF loan fee amount.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-070 - Eligible projects and project-related costs

Current through Register Vol. 24-14, July 15, 2024
(1) Projects eligible for a DWSRF loan
				include those that:
(a) Address or prevent
				violations of applicable federal, state, and local drinking water
				requirements;
(b) Replace aging
				infrastructure to help a public water system comply with applicable federal,
				state, and local drinking water requirements to improve public health
				protection;
(c) Improve system
				capacity of a public water system to help assure sustainable drinking water;
(d) Promote increased water or
				energy efficiency, green projects, or innovation that will improve
				environmental sustainability and protect public health; or
(e) Respond to an emergency.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-080 - Ineligible projects and project-related costs

Current through Register Vol. 24-14, July 15, 2024
Except for projects and project-related costs under
				  subsections (1) and (2) of this section, which are considered eligible to
				  receive funds when EPA grants a deviation as allowed under Section 1452 of the
				  SWDA, the following projects and project-related costs are not eligible for
				  assistance from the DWSRF program :
(1) Acquiring, building, or repairing dams or
				raw water reservoirs;
(2) Acquiring
				water rights, except if the water rights are owned by a public water system
				that is being acquired by restructuring;
(3) Laboratory costs for
				monitoring;
(4) Operation and
				maintenance costs;
(5) Projects
				needed primarily for fire protection;
(6) Projects needed primarily to serve future
				population growth;
(7) Projects
				that have received assistance from the national set-aside for Indian tribes and
				Alaska native villages under Section 1452(i) of the SDWA;
(8) Projects for an individual water supply
				system or a Group B public water system unless the public water system is being
				restructured into a Group A public water system under WAC
				246-296-110; and
(9) Projects that are solely for the purpose
				of installing service meters.
Statutory Authority:
					 RCW
					 70.119A.170 and Federal Safe Drinking Water
					 Act, H.R. 1452. 12-01-077, § 246-296-080, filed 12/19/11, effective
					 2/1/12. Statutory Authority:
					 RCW
					 70.119A.170. 01-21-137, § 246-296-080,
					 filed 10/24/01, effective 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-090 - Public water system eligibility requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Public water systems eligible for a DWSRF
				loan include:
(a) Publicly and privately
				owned community public water systems, except those public water systems not
				eligible for a DWSRF loan under WAC
				246-296-100; and
(b) Noncommunity public water systems owned
				by a nonprofit organization.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-100 - DWSRF loan eligibility and application requirements

Current through Register Vol. 24-14, July 15, 2024
To be eligible for a DWSRF loan, an applicant shall:
(1) Document that the public water system has
				the system capacity to stay in compliance with applicable federal, state, and
				local drinking water requirements, unless:
(a)
				The funding will bring the public water system into compliance; and
(b) The owner of the public water system
				agrees to reasonable and appropriate changes to stay in compliance.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-105 - DWSRF emergency loans

Current through Register Vol. 24-14, July 15, 2024
(1) When
				the department determines an emergency exists and emergency funding is
				available, the department may award a DWSRF emergency loan to an eligible
				public water system that meets the requirements of this chapter, except that
				the department may waive one or more of the DWSRF loan requirements under WAC
				246-296-100,
				246-296-120,
				246-296-130,
				246-296-140, and
				246-296-150.
(2) An applicant must submit a completed
				emergency application package to the department to be considered for a DWSRF
				emergency loan.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-110 - Requirements for using DWSRF to create a new Group A public water system

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may award a DWSRF loan to create a new Group A public water system that will
				meet the requirements under chapter 246-290 WAC when the project is complete
				if:
(a) The project resolves high priority
				public health problems caused by unsafe drinking water provided by an
				individual well or surface water source. The project is limited in scope to the
				geographic area directly affected by contamination; or
(b) The project creates a new regional
				community public water system by restructuring existing systems that have
				system capacity difficulties. The project is limited in scope to the service
				area of the public water systems being restructured.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-120 - Annual DWSRF loan application responsibilities

Current through Register Vol. 24-14, July 15, 2024
Annual DWSRF loan application responsibilities are
				  established as follows:
(1) Applicants
				shall submit a completed application package to the department on or before the
				due date in the application package.
(2) The department shall:
(a) Determine the eligibility of the
				project;
(b) Rank the project using
				the ranking criteria established under WAC
				246-296-130;
(c) Create a prioritized list of eligible
				projects in order of public health significance;
(d) Develop an IUP by:
(i) Publishing a draft IUP for public review
				and comment; and
(ii) Amending the
				IUP, if necessary, after considering public comments.
(e) Submit a capitalization grant
				application, including the final IUP, to EPA for review and approval;
(f) Revise the IUP if EPA requires changes;
				and
(g) Provide for administrative
				review and dispute resolution under WAC
				246-296-160.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-130 - Project priority rating and ranking criteria

Current through Register Vol. 24-14, July 15, 2024
The department shall, at a minimum, consider the following
				  to assign points, and rate and rank proposed projects:
(1) Criteria for risk categories and points
				based on:
(a) Type and significance of public
				health problems the project will resolve;
(b) If the project is needed to bring the
				public water system into compliance with federal, state, and local drinking
				water requirements;
(c) Current
				compliance status; and
(d)
				Affordability on a per household basis, determined by comparing the community's
				average water rate to the MHI in the community's service area, for a community
				public water system.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-140 - Final project selection criteria

Current through Register Vol. 24-14, July 15, 2024
When awarding a DWSRF loan to a public water system, the
				  department shall consider, at a minimum, the applicant's ability to:
(1) Repay the DWSRF loan based on a risk
				assessment;
(2) Provide adequate
				security in case of DWSRF loan default; and
(3) Promptly begin the project based on past
				contract performance, if applicable.
Statutory Authority:
					 RCW
					 70.119A.170 and Federal Safe Drinking Water
					 Act, H.R. 1452. 12-01-077, § 246-296-140, filed 12/19/11, effective
					 2/1/12. Statutory Authority:
					 RCW
					 70.119A.170. 01-21-137, § 246-296-140,
					 filed 10/24/01, effective 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-150 - DWSRF loan conditions

Current through Register Vol. 24-14, July 15, 2024
(1) A borrower
				shall comply with all applicable laws, regulations, and requirements.
(2) A DWSRF loan agreement must address
				applicable federal, state, and local laws, orders, regulations, and permits;
				including, but not limited to:
(a)
				Procurement;
(b)
				Nondiscrimination;
(c)
				Labor;
(d) Job safety;
(e) National Historic Preservation
				Act;
(f) Drug-free environments;
				and
(g) State and federal
				disadvantaged business regulations, such as those designed to help minority and
				women-owned businesses.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-160 - Administrative review and dispute resolution

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant may request that the
				department reconsider a decision of ineligibility under WAC
				246-296-070,
				246-296-080, and
				246-296-090. The request must be:
(a) Sent in writing to the department at:
				P.O. Box 47822, Olympia, Washington, 98504-7822; and
(b) Received within ten working days of the
				date the department notifies the applicant of the decision.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-170 - State environmental review process

Current through Register Vol. 24-14, July 15, 2024
(1) Federal law requires that Washington
				state follow a SERP for projects receiving DWSRF loans. The purpose of the SERP
				is to identify any significant impact to the environment that may be caused by
				a DWSRF project. This review must be done in compliance with NEPA or SEPA and
				any other applicable environmental laws and regulations.
(2) The department is designated as the lead
				agency for SERP. The department shall provide basic guidance to the borrower to
				meet the requirements of SERP. Details about SERP shall be included in the
				application package.
Statutory Authority: RCW 70.119A.170 and Federal Safe
					 Drinking Water Act, H.R. 1452. 12-01-077, § 246-296-170, filed 12/19/11,
					 effective 2/1/12. Statutory Authority: RCW 70.119A.170. 01-21-137, §
					 246-296-170, filed 10/24/01, effective
					 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-180 - Obligation for a public water system to comply if a DWSRF loan is not obtained

Current through Register Vol. 24-14, July 15, 2024
The inability or failure of any public water system to
				  receive a DWSRF loan, or any delay in obtaining a DWSRF loan, does not change
				  the public water system's duty to comply in a timely manner with all applicable
				  federal, state, and local drinking water regulations.
Statutory Authority: RCW 70.119A.170 and Federal Safe
					 Drinking Water Act, H.R. 1452. 12-01-077, § 246-296-180, filed 12/19/11,
					 effective 2/1/12. Statutory Authority: RCW 70.119A.170. 01-21-137, §
					 246-290-180 (codified as WAC 246-296-180), filed 10/24/01, effective
					 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-296 - Drinking water state revolving fund loan program › Section 246-296-190 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority: RCW 70.119A.170. 01-21-137, §
					 246-296-190, filed 10/24/01, effective
					 11/24/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-302 - Adverse health events › ADVERSE HEALTH EVENTS REPORTING › Section 246-302-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions in this section apply throughout this
					 chapter unless the context clearly requires otherwise.
(1) "Adverse health event" or "adverse event"
				  means the list of twenty-nine serious reportable events updated and adopted by
				  the National Quality Forum in 2011, in its consensus report on serious
				  reportable events in health care including all appendices. Adverse health
				  events are listed in WAC
				  246-302-030.
(2) "Ambulatory surgical facility" means a
				  facility licensed under chapter 70.230 RCW.
(3) "Childbirth center" means a facility
				  licensed under chapter 18.46 RCW.
(4) "Department" means the department of
				  health.
(5) "Hospital" means a
				  facility licensed under chapter 70.41 RCW.
(6) "Medical facility" means a licensed
				  ambulatory surgical facility, childbirth center, hospital, or psychiatric
				  hospital.
(7) "Psychiatric
				  hospital" means a hospital facility licensed as a psychiatric hospital under
				  chapter 71.12 RCW.
Statutory Authority: Chapter 70.56 RCW. 12-16-057, §
						246-302-010, filed 7/30/12, effective
						10/1/12.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-302 - Adverse health events › ADVERSE HEALTH EVENTS REPORTING › Section 246-302-020 - How and when to report

Current through Register Vol. 24-14, July 15, 2024
Medical facilities must report confirmed adverse health
					 events to the department. A medical facility must:
(1) Notify the department that an adverse
				  health event has occurred within forty-eight hours of confirmation of the
				  adverse health event. The notification must include:
(a) The name of the medical
				  facility;
(b) The date the adverse
				  event was confirmed;
(c) The type
				  of adverse health event; and
(d)
				  Any additional contextual information the medical facility chooses to
				  provide.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-302 - Adverse health events › ADVERSE HEALTH EVENTS REPORTING › Section 246-302-030 - Adverse health events

Current through Register Vol. 24-14, July 15, 2024
The National Quality Forum identifies and defines
					 twenty-nine serious reportable events. The twenty-nine adverse health events
					 described in the National Quality Forum 2011 update are listed in WAC
					 246-302-030.
(1) Surgical or invasive procedure events:
(a) Surgery or other invasive procedure
				  performed on the wrong site.
(b)
				  Surgery or other invasive procedure performed on the wrong patient.
(c) Wrong surgical or other invasive
				  procedure performed on a patient.
(d) Unintended retention of a foreign object
				  in a patient after surgery or other invasive procedure.
(e) Intraoperative or immediately
				  postoperative/postprocedure death in an ASA Class 1 patient.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-001 - Purpose and scope (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-001, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-001,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-010 - Definitions (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-010, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-010,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-020 - General requirements for certification (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-020, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-020,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-030 - Conflict of interest (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-030, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-030,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-040 - Expert reviewers (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-040, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-040,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-050 - Independent review process (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-050, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-050,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-051 - Additional requirements for experimental or investigational treatment reviews (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-051, filed 11/21/11, effective
					 11/26/11.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-060 - Criteria and considerations for independent review determinations (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-060, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-060,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-070 - Administrative processes and capabilities of IROs (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-070, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-070,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-080 - Application for certification as an IRO (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-080, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-080,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-090 - Ongoing requirements for IROs (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-090, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-090,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-100 - Powers of the department (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-100, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-100,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-110 - Grounds for action against an applicant or a certified IRO (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-110, filed 11/21/11, effective 11/26/11; 01-08-023, § 246-305-110,
					 filed 3/28/01, effective 4/28/01.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-305 - Certification of independent review organizations (IROs) › Section 246-305-990 - Maximum fee schedule (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 43.70.235 and
					 48.43.535. 11-23-124, §
					 246-305-990, filed 11/21/11, effective 11/26/11. Statutory Authority: 2005 c
					 54. 05-24-029, § 246-305-990, filed 11/30/05, effective
					 12/31/05.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-001 - Purpose of certificate of need program

Current through Register Vol. 24-14, July 15, 2024
The purpose of the certificate of need program has been
				  established by the legislature in
				  RCW
				  70.38.015.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121),
					 recodified as § 246-310-001, filed 12/27/90, effective 1/31/91. Statutory
					 Authority:
					 RCW
					 70.38.135. 86-06-030 (Order 2344), §
					 248-19-210, filed 2/28/86; 81-09-012 (Order 210), § 248-19-210, filed
					 4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079
					 (Order 188), § 248-19-210, filed
					 11/30/79.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of chapter 246-310 WAC, the following words
				  and phrases have the following meanings unless the context clearly indicates
				  otherwise.
(1) "Acute care facilities"
				means hospitals and ambulatory surgical facilities.
(2) "Affected person" means an interested
				person who:
(a) Is located or resides in the
				applicant's health service area;
(b) Testified at a public hearing or
				submitted written evidence; and
(c)
				Requested in writing to be informed of the department's decision.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-020 - Applicability of chapter 246-310 WAC

Current through Register Vol. 24-14, July 15, 2024
(1)
				The rules of this chapter apply to the following:
(a) The construction, development, or other
				establishment of a new health care facility:
(i) No new health care facility may be
				initiated as a health service of an existing health care facility without
				certificate of need approval as a new health care facility;
(ii) The provision of services by a home
				health agency or hospice to a county, on a regular and ongoing basis, that was
				not previously included in the home health agency or hospice service area shall
				be considered the development of a new home health agency or hospice;
(iii) Any certificate of need approved
				ambulatory surgical facility expanding the number of operating rooms is
				considered the construction, development or other establishment of a new
				ambulatory surgical facility. A certificate of need approved ambulatory
				surgical facility may not operate more than the number of operating rooms
				approved by the department identified on its certificate of need or approved in
				the department evaluation. However, expansion of the number of certificate of
				need approved operating rooms does not require certificate of need approval if
				the expansion:
(A) Was completed without
				certificate of need approval prior to the effective date of these rules;
				or
(B) Received approval to begin
				construction from department of health construction review services prior to
				the effective date of these rules.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-035 - Tertiary services identification

Current through Register Vol. 24-14, July 15, 2024
(1)
				The criteria in this section shall be used as guidelines when examining
				services to determine whether the service is considered a tertiary
				service.
(2) In determining whether
				a service is a tertiary service the department shall consider the degree to
				which the service meets the following criteria:
(a) Whether the service is dependent on the
				skills and coordination of specialties and subspecialties. Including, but not
				limited to, physicians, nurses, therapists, social workers;
(b) Whether the service requires immediate
				access to an acute care hospital;
(c) Whether the service is characterized by
				relatively few providers;
(d)
				Whether the service is broader than a procedure;
(e) Whether the service has a low use
				rate;
(f) Whether consensus
				supports or published research shows that sufficient volume is required to
				impact structure, process, and outcomes of care; and
(g) Whether the service carries a significant
				risk or consequence.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-040 - Exemptions from requirements for a certificate of need for health maintenance organizations

Current through Register Vol. 24-14, July 15, 2024
(1)
				Provisions for exemptions.
The secretary's designee shall grant an exemption from the
				  requirements for a certificate of need for the offering of an inpatient
				  institutional health service, the acquisition of major medical equipment for
				  the provision of an institutional health service, or the obligation of a
				  capital expenditure in excess of the expenditure minimum for the provision of
				  an inpatient institutional health service to any entity meeting the eligibility
				  requirements set forth in subsection (1)(a) of this section for such an
				  exemption and submitting an application for an exemption meeting the
				  requirements of subsection (1)(b) of this section.
(a) Eligibility requirements.
To be eligible for an exemption from the requirements for a
				  certificate of need for the offering of an inpatient institutional health
				  service, the acquisition of major medical equipment for the provision of an
				  inpatient institutional health service, or the obligation of a capital
				  expenditure in excess of the expenditure minimum for the provision of an
				  institutional health service, an applicant entity shall be one of the
				  following:
(i) A health maintenance
				organization or a combination of health maintenance organizations if:
(A) The organization or combination of
				organizations has, in the service area of the organization or the service areas
				of the organizations in the combination, an enrollment of at least fifty
				thousand individuals;
(B) The
				facility in which the service will be provided is or will be geographically
				located so the service will be reasonably accessible to such enrolled
				individuals; and
(C) At least
				seventy-five percent of the patients reasonably expected to receive the
				institutional health service will be individuals enrolled in such organization
				or organizations in the combination;
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-041 - Exemption from requirements for a certificate of need for continuing care retirement communities' nursing home projects

Current through Register Vol. 24-14, July 15, 2024
(1) Provisions for exemptions.
The secretary's designee shall grant an exemption from the
				  requirements for a certificate of need for the construction, development, or
				  other establishment of a nursing home, or the addition of beds to an existing
				  nursing home, that is owned and operated by a continuing care retirement
				  community meeting the eligibility requirements of (a) of this subsection and
				  submitting an application for an exemption meeting the requirements of (b) of
				  this subsection.
(a) Eligibility
				requirements. To be eligible for an exemption under this section, an applicant
				entity shall demonstrate that:
(i) Nursing
				home services will be offered only to contractual residents;
(ii) Residents will be provided a
				contractually guaranteed range of services from independent living through
				skilled nursing, including some assistance with daily living
				activities;
(iii) The facility
				contractually assumes responsibility for the cost of services exceeding the
				residents financial responsibility under the contract, so that no third party,
				including the medicaid program, is liable for the costs of care, even if the
				resident depletes his or her personal resources. This exclusion does not
				pertain to insurance purchased by the retirement community or its
				residents;
(iv) The entity has
				offered continuing care contracts and has operated a nursing home continuously
				since January 1, 1988, or has obtained a certificate of need to establish a
				nursing home;
(v) A binding
				agreement is maintained with the state assuring that financial liability for
				services to residents, including nursing home services, will not fall upon the
				state;
(vi) It does not operate,
				and has not undertaken a project that would result in the ratio of nursing home
				beds to independent living units exceeding one nursing home bed for every four
				independent living units, exclusive of nursing home beds; and
(vii) It has obtained a professional review
				of pricing and long-term solvency of the applicant entity within the prior five
				years which was fully disclosed to residents.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-042 - Rural hospital and rural health care facility exemptions from certificate of need review

Current through Register Vol. 24-14, July 15, 2024
(1) Provisions for
				exemptions of qualified rural hospitals and rural health care facilities.
The secretary's designee shall grant an exemption from the
				  requirement for a certificate of need for an increase in licensed bed capacity
				  to a rural hospital meeting the eligibility requirements of (a) of this
				  subsection and submitting an application for an exemption meeting the
				  requirements of (c) of this subsection. The secretary's designee shall grant an
				  exemption from the requirement for a certificate of need for the construction,
				  development, or other establishment of a new hospital to a rural health care
				  facility meeting the eligibility requirements of (b) of this subsection and
				  submitting an application for an exemption meeting the requirements of (c) of
				  this subsection.
(a) Eligibility
				requirements for a rural hospital exemption. To be eligible for an exemption
				from the requirements under this section, a rural hospital, shall demonstrate
				that:
(i) The applicant hospital meets the
				definition of a rural hospital as defined by the department;
(ii) The request is being made within three
				years of the date the beds licensed under chapter 70.41 RCW were
				reduced;
(iii) The increase in
				licensed beds will result in no more than had previously been licensed;
				and
(iv) The rural hospital became
				a rural primary care hospital under the provisions of Part A Title XVIII of the
				Social Security Act Section 1820, 42 U.S.C., 1395c et seq. after its licensure
				reduction.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-043 - Exemption from requirements for a certificate of need for nursing home bed conversions to alternative use

Current through Register Vol. 24-14, July 15, 2024
Provisions for exemptions.
The secretary's designee shall grant an exemption from the
				  requirements for a certificate of need for the conversion of nursing home beds
				  banked under the provisions of
				  RCW
				  70.38.111(8) by a nursing
				  home meeting the eligibility requirements of this section and submitting an
				  application for an exemption which demonstrates the eligibility requirements
				  have been met.
(1) Eligibility
				requirements. To be eligible for an exemption under this section, an applicant
				shall demonstrate that:
(a) The nursing home
				voluntarily reduced its licensed capacity to provide one or more alternative
				services, as identified in
				RCW
				70.38.111(8), to reduce the
				number of beds per room to one or two in the nursing home, or otherwise enhance
				the quality of life for residents, as defined in WAC
				246-310-010;
(b) The beds to be converted back to nursing
				home beds are to be licensed in the original facility;
(c) The nursing home has remained in
				continuous operation and has not been sold or leased during the bed banking
				time interval;
(d) Notice of intent
				to bank the nursing home beds was given as required by WAC
				246-310-395; and
(e) The bed conversion occurs within four
				years of the bed banking, unless the department has granted a four year
				extension under WAC
				246-310-580 in which case the bed
				conversion must occur within eight years of the original bed banking.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-044 - Exemption from requirements for a certificate of need for nursing home bed replacements

Current through Register Vol. 24-14, July 15, 2024
(1) Provisions
				for exemptions.
The secretary's designee shall grant a replacement
				  authorization exempting a facility from the requirements for a certificate of
				  need for the replacement of existing nursing home beds under the provisions of
				  RCW
				  70.38.115(13)(a) by a
				  nursing home meeting the eligibility requirements of this section and
				  submitting an application, following the notice requirements in WAC
				  246-310-397, which demonstrates
				  the eligibility requirements have been met.
(2) Nursing home construction or renovation
				projects for the purpose of replacing nursing home beds within the same
				planning area, and which meet the eligibility requirements in subsection (3) of
				this section and the notification requirements in WAC
				246-310-397, shall not be subject
				to certificate of need review. Projects meeting the above requirements would
				include, but are not limited to:
(a)
				Replacement of an existing facility at the same location;
(b) Construction of a new nursing home or
				facilities for the purpose of replacing beds in the same planning
				area;
(c) Renovation of an existing
				facility for the purpose of replacing beds; and
(d) Redistribution of all or a portion of
				existing beds to an existing or new nursing home or facilities in the same
				planning area.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-045 - Exemption from certificate of need requirements for a change in bed capacity at a residential hospice care center

Current through Register Vol. 24-14, July 15, 2024
(1) A change in bed capacity at a residential
				hospice care center shall not be subject to certificate of need review under
				this chapter if the department determined prior to June 1994 that the
				construction, development, or other establishment of the residential hospice
				care center was not subject to certificate of need review under this
				chapter.
(2) For purposes of this
				section, a "residential hospice care center" means any building, facility,
				place, or equivalent that opened in December 1996 and is organized, maintained,
				and operated specifically to provide beds, accommodations, facilities, and
				services over a continuous period of twenty-four hours or more for palliative
				care to two or more individuals, not related to the operator, who are diagnosed
				as being in the latter stages of an advanced disease that is expected to lead
				to death.
Statutory Authority: Chapter 70.38 RCW. 98-17-099, §
					 246-310-045, filed 8/19/98, effective
					 9/19/98.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-050 - Applicability determination

Current through Register Vol. 24-14, July 15, 2024
(1) Any
				person wanting to know whether an action the person is considering is subject
				to certificate of need requirements (chapter 246-310 WAC) may submit a written
				request to the certificate of need program requesting a formal determination of
				applicability of the certificate of need requirements to the action.
(a) The written request shall include the
				nature and extent of any construction, changes in services, and the estimated
				total costs of the action.
Washington Administrative Code › Title 246 - Health, Department of › FACILITY STANDARDS AND LICENSING › Chapter 246-310 - Certificate of need › Section 246-310-080 - Letter of intent

Current through Register Vol. 24-14, July 15, 2024
Any person planning to propose an undertaking subject to
				  certificate of need review shall submit a letter of intent as follows:
(1) The letter of intent shall include the
				following information:
(a) A description of
				the services proposed;
(b) The
				estimated cost of the proposed project;
(c) An identification of the service
				area.