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
Universal Citation: WA Admin Code 246-310-090
Current through Register Vol. 24-18, September 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.
(b) A person submitting a certificate of need
application shall submit one original and one copy of the application to the
certificate of need program of the department.
(c) On or before the last day of the
applicable screening period for a certificate of need application, as
prescribed in subsections (2) and (3) of this section, the department shall
send a written notice to the person submitting the application stating whether
or not the application has been declared complete. If an application has been
found to be incomplete, the notice from the department shall specifically
identify the portions of the application where the information provided has
been found to be insufficient or indefinite and request supplemental
information needed to complete the application.
(d) The department shall not request any
supplemental information of a type not prescribed and published as being
necessary to a certificate of need application for the type of project being
proposed. The department may request clarification of information provided in
the application.
(e) A response to
the department's request for information to supplement an incomplete
application shall be written.
(2) Screening and prereview activities.
(a) The department shall, within a fifteen
working-day period for emergency, expedited, and regular reviews, screen the
application to determine whether the information provided in the application is
complete and as explicit as is necessary for a certificate of need review. This
screening period shall begin on the first day after the department has received
the application. In the event that the application is lacking significant
information relating to the review criteria, the department may, upon
notification, reserve the right to screen the application again upon receipt of
the applicant's original response unless the applicant exercises option
(c)(iii) of this subsection.
(b)
The department shall return an incomplete certificate of need application to
the person submitting the application if the department has not received a
response to a request for the supplemental information sent in accordance with
subsection (1)(c) of this section within forty-five days for emergency,
expedited, and regular reviews unless extended by mutual agreement, and within
one month for concurrent review after such request was sent.
(c) For emergency, expedited, and regular
reviews, a person submitting a response to the department's request for
supplemental information to complete a certificate of need application within
forty-five days after the request was sent by the department, in accordance
with subsection (1)(c) of this section, shall have the right to exercise one of
the following options:
(i) Submission of
written supplemental information and a written request that the information be
screened and the applicant be given opportunity to submit further supplemental
information if the department determines that the application is still
incomplete;
(ii) Submission of
written supplemental information with a written request that review of the
certificate of need application begin without the department notifying the
applicant as to whether the supplemental information is adequate to complete
the application; or
(iii)
Submission of a written request that the application be reviewed without
supplemental information.
(d) The department shall not accept responses
to the department's screening letters later than ten days after the department
has given "notification of beginning of review."
(e) For concurrent review a person submitting
a response to the department's request for supplemental information to complete
a certificate of need application within one month after the request was sent
by the department, in accordance with subsection (1)(c) of this section, shall
submit written supplemental information or a written request that the
incomplete application be reviewed. The review shall begin in accordance with
the published schedule.
(f) After
receipt of a request for review of a certificate of need application, submitted
in accordance with subsection (2)(c)(ii) or (iii) of this section, the
department shall give notification of the beginning of review in the manner
prescribed for a complete application in WAC
246-310-170.
(g) If a person requests the screening of
supplemental information in accordance with subsection (2)(c)(i) of this
section, such screening shall be carried out in the same number of days and in
the same manner as required for an application in accordance with the
provisions of subsection (1)(c) and (2)(a) of this section. The process of
submitting and screening supplemental information may be repeated until the
department declares the certificate of need application complete, the applicant
requests that review of the incomplete application begin, or the one hundred
twentieth day after the beginning of the first screening period for the
application, whichever occurs first. The department shall return an application
to the applicant if it is still incomplete on the one hundred twentieth day
after the beginning of the first screening period and the applicant has not
requested review of such incomplete application.
(3) Withdrawal of applications.
A certificate of need application shall be withdrawn from the certificate of need process if the department receives a written request for withdrawal of the application from the person submitting the application at any time before final action on such application has been taken by the secretary's designee.
(4) Resubmission of applications withdrawn or returned as incomplete.
A submission of a new certificate of need application shall be required for a certificate of need review of any undertaking for which the department has returned an incomplete application in accordance with subsection (2)(b) of this section, or for which a certificate of need application has been withdrawn in accordance with subsection (3) of this section. The content of the application should be updated as necessary before resubmission.
Statutory Authority: Chapter 70.38 RCW. 98-10-053, § 246-310-090, filed 4/29/98, effective 5/30/98; 96-24-052, § 246-310-090, filed 11/27/96, effective 12/28/96. Statutory Authority: RCW 70.38.135 and 70.38.919. 92-02-018 (Order 224), § 246-310-090, filed 12/23/91, effective 1/23/92. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-310-090, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.38.135. 86-06-030 (Order 2344), § 248-19-280, filed 2/28/86; 81-09-012 (Order 210), § 248-19-280, filed 4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079 (Order 188), § 248-19-280, filed 11/30/79.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
