Current through Register Vol. 24-24, December 15, 2024
(1) Written
findings.
(a) The findings of the
department's review of a certificate of need application shall be stated in
writing and include the basis for the decision of the secretary's designee as
to whether a certificate of need is to be issued or denied for the proposed
project.
(b) In making its findings
and taking action on a certificate of need application, the department shall
use all criteria contained in chapter 246-310 WAC applicable to the proposed
project.
(i) The written findings shall
identify any criterion the department has decided is not applicable to the
particular project and give the reason for such decision.
(ii) The secretary's designee may deny a
certificate of need if the applicant has not provided the information which is
necessary to a determination that the project meets all applicable criteria and
which the department has prescribed and published as necessary to a certificate
of need review of the type proposed: Provided however, That the department has
requested such information in a screening letter sent in accordance with WAC
246-310-090(1)(c).
(c) The department shall make
written findings on the extent to which the project meets the criteria set
forth in WAC
246-310-210(1) and
(2) when the secretary's designee issues a
certificate of need directly related to the provision of health services, or
beds: Provided however, That no such written finding shall be necessary for
projects for the correction of deficiencies of the types described in WAC
246-310-480 and for projects
proposed by or on behalf of a health maintenance organization or a health care
facility controlled, directly or indirectly, by a health maintenance
organization.
(d) When, as a part
of concurrent review proceedings, the secretary's designee makes a decision to
approve an application or applications and to disapprove other competing
applications, he or she shall provide a specific written statement of reasons
for determining the approved application or applications to be
superior.
(2)
Separability of application and action.
When a certificate of need application is for multiple
services or multiple components or the proposed project is to be multiphased,
the secretary's designee may take individual and different action on separable
portions of the proposed project.
(3) Conditional certificate of need.
(a) The secretary's designee in making his or
her decision on a certificate of need application may decide to issue a
conditional certificate of need if the department finds the project is
justified only under specific circumstances: Provided however, That conditions
shall relate directly to the project being reviewed and to review
criteria.
(b) When the department
finds a project for which a certificate of need is to be issued does not
satisfy the review criteria set forth in WAC
246-310-210(1) and
(2), the secretary's designee may impose a
condition or conditions that the applicant take affirmative steps so as to
satisfy those review criteria. In evaluating the accessibility of the project,
the current accessibility of the facility as a whole shall be taken into
consideration.
(c) The conditions
attached to a certificate of need may be released by the secretary's designee
upon the request of the health care facility or health maintenance organization
for which the certificate of need was issued.
(i) The request must include information
needed by the department demonstrating the conditions are no longer valid and
the release of such conditions would be consistent with the purpose of chapter
70.38 RCW.
(ii) A request for the
removal of a condition must be submitted in accordance with WAC
246-310-090 and will be reviewed
in accordance with the regular or expedited review procedures described in WAC
246-310-160 or
246-310-150.
(4) Distribution of written
findings and statement of decision.
(a) A
copy of the department's written findings and statement of the decision of the
secretary's designee on a certificate of need application shall be sent to:
(i) The person submitting the certificate of
need application;
(ii) In the case
of a project proposed by a health maintenance organization, the appropriate
regional office of the United States Department of Health and Human Services;
and
(iii) When the secretary's
designee issues a certificate of need for a project which does not satisfy the
review criteria set forth in WAC
246-310-210(1) and
(2), the appropriate regional office of the
Department of Health and Human Services.
(b) The written findings and statement of the
decision of the secretary's designee on a certificate of need application shall
be available to others requesting the certificate of need unit to provide
access to a copy of such findings and statement.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
246-310-490, filed 11/27/96, effective 12/28/96. Statutory Authority:
RCW
70.38.135 and
70.38.919. 92-02-018 (Order 224),
§ 246-310-490, filed 12/23/91, effective 1/23/92. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-310-490, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.38.135. 86-06-030 (Order 2344), §
248-19-420, filed 2/28/86; 81-09-012 (Order 210), § 248-19-420, filed
4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079
(Order 188), § 248-19-420, filed
11/30/79.
