Current through Register Vol. 24-24, December 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.
(b) The sale, purchase, or lease of part or
all of any existing hospital licensed under chapter 70.41 RCW or a psychiatric
hospital licensed under chapter 71.12 RCW;
(c) A change in bed capacity of a health care
facility increasing the total number of licensed beds or redistributing beds
among acute care, nursing home care, and assisted living facility care, as
defined under
RCW
18.20.020, if the bed redistribution is
effective for a period in excess of six months;
(d) Any new tertiary health services offered
in or through a health care facility, and not offered on a regular basis by,
in, or through such health care facility within the twelve-month period prior
to the time the facility will offer such services:
(i) Tertiary services include the following:
(A) Specialty burn services. This is a
service designed, staffed, and equipped to care for any burn patient regardless
of the severity or extent of the burn. All staff and equipment necessary for
any level of burn care are available;
(B) Intermediate care nursery and/or
obstetric services level II. Intermediate care nursery is defined in chapter
246-318 WAC. A level II obstetric service is in an area designed, organized,
equipped, and staffed to provide a full range of maternal and neonatal services
for uncomplicated patients and for the majority of complicated obstetrical
problems;
(C) Neonatal intensive
care nursery and/or obstetric services level III. Neonatal intensive care
nursery is defined in chapter 246-318 WAC. A level III obstetric service is in
an area designed, organized, equipped, and staffed to provide services to the
few women and infants requiring full intensive care services for the most
serious type of maternal-fetal and neonatal illnesses and abnormalities. Such a
service provides the coordination of care, communications, transfer, and
transportation for a given region. Level III services provide leadership in
preparatory and continuing education in prenatal and perinatal care and may be
involved in clinical and basic research;
(D) Transplantation of specific solid organs,
including, but not limited to, heart, liver, pancreas, lung, small bowel and
kidney and including bone marrow. A transplantation service for each solid
organ is considered a separate tertiary service;
(E) Open heart surgery and/or elective
therapeutic cardiac catheterization including elective percutaneous
translu-menal coronary angioplasty (PTCA). Open heart surgery includes the care
of patients who have surgery requiring the use of a heart lung bypass machine.
Therapeutic cardiac cath-eterization means passage of a tube or other device
into the coronary arteries or the heart chambers to improve blood flow. PTCA
means the treatment of a narrowing of a coronary artery by means of inflating a
balloon catheter at the site of the narrowing to dilate the artery;
(F) Inpatient physical rehabilitation
services level I. Level I rehabilitation services are services for persons with
usually nonreversible, multiple function impairments of a moderate-to-severe
complexity resulting in major changes in the patient's lifestyle and requiring
intervention by several rehabilitation disciplines. Services are
multidisciplinary, including such specialists as a rehabilitation nurse; and
physical, occupational, and speech therapists; and vocational counseling; and a
physiatrist. The service is provided in a dedicated unit with a separate nurses
station staffed by nurses with specialized training and/or experience in
rehabilitation nursing. While the service may specialize (i.e., spinal cord
injury, severe head trauma, etc.), the service is able to treat all persons
within the designated diagnostic specialization regardless of the level of
severity or complexity of the impairments and include the requirements as
identified in chapter 246-976 WAC relating to level I trauma rehabilitation
services;
(G) Specialized inpatient
pediatric services. The service is designed, staffed, and equipped to treat
complex pediatric cases for more than twenty-four hours. The service has a
staff of pediatric specialists and subspecialists.
(ii) The department shall review,
periodically revise, and update the list of tertiary services. The department
shall change the tertiary services list following the procedures identified in
WAC 246-310-035;
(iii) The offering of an inpatient tertiary
health service by a health maintenance organization or combination of health
maintenance organizations is subject to the provisions under chapter 246-310
WAC unless the offering is exempt under the provisions of
RCW
70.38.111.
(e) Any increase in the number of dialysis
stations in a kidney disease center;
(f) Any capital expenditure in excess of the
expenditure minimum for the construction, renovation, or alteration of a
nursing home. However, a capital expenditure, solely for any one or more of the
following, which does not substantially affect patient charges, is not subject
to certificate of need review:
(i)
Communications and parking facilities;
(ii) Mechanical, electrical, ventilation,
heating, and air conditioning systems;
(iii) Energy conservation systems;
(iv) Repairs to, or the correction of,
deficiencies in existing physical plant facilities necessary to maintain state
licen-sure, however, other additional repairs, remodeling, or replacement
projects that are not related to one or more deficiency citations and are not
necessary to maintain state licen-sure are not exempt from certificate of need
review except as otherwise permitted by (f)(vi) of this subsection or
RCW
70.38.115(13);
(v) Acquisition of equipment, including data
processing equipment, not for use in the direct provision of health
services;
(vi) Construction or
renovation at an existing nursing home involving physical plant facilities,
including administrative, dining, kitchen, laundry, and therapy areas, or
support facilities, by an existing licensee who has operated the beds for at
least one year;
(vii) Acquisition
of land;
(viii) Refinancing of
existing debt; and
(ix) Nursing
home project granted a replacement authorization under WAC
246-310-044.
(g) Any expenditure for the construction,
renovation, or alteration of a nursing home or change in nursing home services
in excess of the expenditure minimum made in preparation for any undertaking
subject to the provisions under chapter 246-310 WAC and any arrangement or
commitment made for financing such undertaking;
(h) No person may divide a project in order
to avoid review requirements under any of the thresholds specified under this
section; and
(i) The department may
issue certificates of need authorizing only predevelopment expenditures,
without authorizing any subsequent undertaking for which the predevelop-ment
expenditures are made.
(2) No person shall engage in any undertaking
subject to certificate of need review unless:
(a) A certificate of need authorizing such
undertaking is issued and remains valid; or
(b) An exemption is granted in accordance
with the provisions of this chapter.
(3) If a nursing home or portion of a nursing
home constructed or established under the authority of a certificate of need
granted from the pool of nursing home beds for ethnic minorities according to
the provisions of WAC 246-310-135 is sold or leased within ten years to a party
not eligible for an award of such beds under the provisions of WAC
246-310-136(2):
(a) The purchaser or lessee may not operate
those beds as nursing home beds without first obtaining a certificate of need
for new beds; and
(b) The beds that
were awarded from the special pool shall be returned to that pool.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
246-310-020, filed 11/27/96, effective 12/28/96. Statutory Authority:
RCW
70.38.135(3)(c). 92-05-057
(Order 244), § 246-310-020, filed 2/14/92, effective 3/16/92. Statutory
Authority:
RCW
70.38.135 and
70.38.919. 92-02-018 (Order 224),
§ 246-310-020, filed 12/23/92, effective 1/23/93. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-310-020, filed 12/27/90, effective 1/31/91. Statutory Authority:
Chapter 70.38 RCW. 90-21-028 (Order 082), § 248-19-231, filed 10/9/90,
effective 10/9/90; 89-23-098 (Order 019), § 248-19-231, filed 11/21/89,
effective 12/22/89.