Current through Register Vol. 24-18, September 15, 2024
(1) The findings of the department's review
of certificate of need applications and the action of the secretary's designee
on such applications shall, with the exceptions provided for in WAC
246-310-470 and
246-310-480 be based on
determinations as to:
(a) Whether the proposed
project is needed;
(b) Whether the
proposed project will foster containment of the costs of health care;
(c) Whether the proposed project is
financially feasible; and
(d)
Whether the proposed project will meet the criteria for structure and process
of care identified in WAC
246-310-230.
(2) Criteria contained in this section and in
WAC 246-310-210,
246-310-220,
246-310-230, and
246-310-240 shall be used by the
department in making the required determinations.
(a) In the use of criteria for making the
required determinations, the department shall consider:
(i) The consistency of the proposed project
with service or facility standards contained in this chapter;
(ii) In the event the standards contained in
this chapter do not address in sufficient detail for a required determination
the services or facilities for health services proposed, the department may
consider standards not in conflict with those standards in accordance with
subsection (2)(b) of this section; and
(iii) The relationship of the proposed
project to the long-range plan (if any) of the person proposing the
project.
(b) The
department may consider any of the following in its use of criteria for making
the required determinations:
(i) Nationally
recognized standards from professional organizations;
(ii) Standards developed by professional
organizations in Washington state;
(iii) Federal medicare and medicaid
certification requirements;
(iv)
State licensing requirements;
(v)
Applicable standards developed by other individuals, groups, or organizations
with recognized expertise related to a proposed undertaking; and
(vi) The written findings and recommendations
of individuals, groups, or organizations with recognized expertise related to a
proposed undertaking, with whom the department consults during the review of an
application.
(c) At the
request of an applicant, the department shall identify the criteria and
standards it will use prior to the submission and screening of a certificate of
need application: Provided however, That when a person requests identification
of criteria and standards prior to the submission of an application, the person
shall submit such descriptive information on a project as is determined by the
department to be reasonably necessary in order to identify the applicable
criteria and standards. The department shall respond to such request within
fifteen working days of its receipt. In the absence of an applicant's request
under this subsection, the department shall identify the criteria and standards
it will use during the screening of a certificate of need application. The
department shall inform the applicant about any consultation services it will
use in the review of a certificate of need application prior to the use of such
consultation services.
(d)
Representatives of the department or consultants whose services are engaged by
the department may make an on-site visit to a health care facility, or other
place for which a certificate of need application is under review, or for which
a proposal to withdraw a certificate of need is under review when the
department deems such an on-site visit is necessary and appropriate to the
department's review of a proposed project.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
246-310-200, filed 11/27/96, effective 12/28/96. Statutory Authority:
RCW
70.38.135 and
70.38.919. 92-02-018 (Order 224),
§ 246-310-200, filed 12/23/91, effective 1/23/92. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-310-200, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.38.135. 85-05-032 (Order 2208), §
248-19-360, filed 2/15/85; 81-09-012 (Order 210), § 248-19-360, filed
4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079
(Order 188), § 248-19-360, filed
11/30/79.
