Current through Register Vol. 24-18, September 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.
(b)
Eligibility requirements for a rural health care facility exemption. To be
eligible for an exemption from the requirements under this section, a rural
health care facility, shall demonstrate that:
(i) The applicant facility meets the
definition of a rural health care facility under
RCW
70.175.100;
(ii) The applicant facility was previously
licensed as a hospital under chapter 70.41 RCW;
(iii) The request is being made within three
years of the effective date of the rural health care facility
license;
(iv) There will be no
increase in the number of beds previously licensed under chapter 70.41 RCW and
there is no redistribution in the number of beds used for acute care or
long-term care;
(v) The rural
health care facility has been in continuous operation; and
(vi) The rural health care facility has not
been purchased or leased.
(c) Requirements for an application for
exemption by a rural hospital or rural health care facility. An application for
an exemption from a certificate of need shall meet the following requirements:
(i) The application for a rural hospital
exemption shall be submitted at least thirty days prior to the effective date
of the hospital license that increases the number of beds at the rural hospital
or at the time an application is made to the department to increase the number
of licensed beds at the rural hospital, whichever occurs first.
(ii) The application for a rural health care
facility exemption shall be submitted at least thirty days prior to the
effective date of the hospital license that converts the rural health care
facility back to a hospital or at the time an application is made to the
department to convert back to a hospital, whichever occurs first;
(iii) A complete application shall be
submitted in such form and manner as has been prescribed by the department. The
information which the department prescribes shall include:
All of the information required to make a determination that
the rural hospital qualifies in accordance with (a) of this subsection or that
the rural health care facility qualifies with (b) of this subsection.
(2) Action
on an application for exemption by a rural hospital or rural health care
facility.
(a) Within thirty days after
receipt of a complete application for exemption from certificate of need
requirements, the department shall send the applicant a written notice whether
the exemption request has been granted or denied.
(b) The secretary's designee shall deny an
exemption if it is determined the applicant entity has not met the requirements
of subsection (1)(a), (b), or (c) of this section. Written notice of the denial
shall include the specific reasons for the denial.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
246-310-042, filed 11/27/96, effective
12/28/96.
