Current through Register Vol. 24-18, September 15, 2024
(1) The secretary's
designee shall issue a certificate of need to the applicant.
(a) The secretary's designee shall issue a
certificate of need for:
(i) The proposed
project, or
(ii) A separable
portion of the proposed project.
(b) When the certificate of need is issued
for a separable portion of the proposed project, the secretary's designee shall
provide written notice to the applicant stating the reasons for the
department's action.
(c) The
secretary's designee shall issue a certificate of need only when the department
finds that the project or the separable portion of the proposed project is
consistent with the applicable criteria contained in chapter 246-310
WAC.
(d) In issuing a certificate
of need, the secretary's designee shall:
(i)
Specify the maximum capital expenditure which may be obligated under the
certificate, and
(ii) Prescribe the
cost components to be included in determining the capital expenditure which may
be obligated under such certificate.
(2) The secretary's designee may issue a
conditional certificate of need for a proposed project or a separable portion
of the proposed project.
(a) The conditions
attached to a certificate of need must directly relate to the project being
reviewed.
(b) The conditions must
directly relate to criteria contained in chapter 246-310 WAC.
(3) The department shall apply the
following provisions when suspending a certificate of need.
(a) The secretary's designee may suspend a
certificate of need for cause which shall include, but not be limited to:
(i) Suspicion of fraud,
(ii) Misrepresentation,
(iii) False statements,
(iv) Misleading statements,
(v) Evasion or suppression of material fact
in the application for a certificate of need or any of its supporting
materials.
(b) The
secretary's designee shall issue an order which states the reason for any
suspension of a certificate of need to the person to whom the certificate of
need had been issued.
(c) A
suspension of a certificate of need shall not exceed one hundred twenty
calendar days.
(i) Prior to the expiration of
the suspension the department shall:
(A)
Review the facts and circumstances relevant to the suspension;
(B) Reinstate, amend, or revoke the
certificate of need; and,
(ii) Send written notice of its decision on a
suspended certificate of need to the person to whom the certificate of need had
been issued.
(4) The secretary's designee shall send
written notification of denial of a certificate of need to the applicant
submitting the certificate of need application stating the reasons for the
denial.
(5) When a proposed project
or separable portion of the proposed project is denied a certificate of need,
the department shall not accept another certificate of need application for the
same project or separable portion unless the department determines:
(a) There is a substantial change in existing
or proposed health facilities or services in the area to be served by the
project; or
(b) There is a
substantial change in the need for the facilities or services of the type
proposed in the area to be served by the project; or
(c) One year has lapsed since the submission
of the application for the certificate of need subject to regular review which
was denied or the next scheduled concurrent review cycle permits the submission
of applications.
(6) The
department shall apply the following provisions in the revocation of a
certificate of need.
(a) The secretary's
designee may revoke a certificate of need for cause which shall include the
following:
(i) Fraud,
(ii) Misrepresentation,
(iii) False statements,
(iv) Misleading statements, and
(v) Evasion or suppression of material facts
in the application of a certificate of need, or in any of its supporting
materials.
(b) When the
secretary's designee revokes a certificate of need, the secretary's designee
shall provide written notice of revocation to the person to whom the
certificate of need was issued, including a statement of the reasons for such
revocation.
(7) The
department shall apply the following procedures in transferring or assigning a
certificate of need.
(a) The department shall
consider a request to transfer or assign a certificate of need valid only when:
(i) The person to whom the certificate of
need was originally issued, or personal representative, where the holder is
deceased, submits to the department a written request that the certificate of
need be transferred to another person and gives the full name and complete
address of the other person; and
(ii) The person to whom the current holder of
the certificate of need wishes to transfer the certificate sends an application
for such transfer on a form and in such a manner as prescribed and published by
the department.
(b) The
department shall review applications for transfer or assignment of a
certificate of need according to the:
(i)
Expedited review procedures in WAC
246-310-150; or
(ii) Regular review procedures in WAC
246-310-160.
(c) The secretary's designee shall base his
or her decision to approve or deny an application to transfer or assign a
certificate of need on:
(i) The demonstrated
ability of the person wishing to acquire the certificate of need to undertake,
complete, and operate the project in accordance with the following review
criteria:
(A) WAC
246-310-220(1) and
(3), and
(B) WAC
246-310-230(1), (3), and
(5).
(ii) The continuing conformance of the
project with all other applicable review criteria.
(d) When the person submitting an application
to transfer or assign a certificate of need proposes to modify the project
description or the maximum capital expenditure, the department shall inform in
writing such person that a new or amended certificate of need is
required.
(e) When the department
denies an application for transfer or assignment of a certificate of need, the
department shall inform in writing the person who submitted the application of
the reasons for such denial.
(f)
The department shall not transfer or assign any certificate of need issued
after February 1, 1988, except when:
(i) Prior
to completion of the project, death or divorce of one or more persons holding a
certificate renders it impossible or impractical to complete the project in the
absence of a transfer or assignment; or
(ii) After commencement, a substantial
portion of the project has been completed by the original holder of the
certificate.
(g) The
department shall not transfer or assign a certificate of need under subsection
(7)(f)(i) and (ii) of this section when the authorized project is to be
relocated.
(h) When the department
transfers a certificate of need for a project which has not been commenced, the
transferred certificate of need shall have a validity period of two years from
the date of issue with the provision for one six-month extension if the holder
can demonstrate to the satisfaction of the secretary's designee that
substantial and continuing progress towards commencement has been
made.
Statutory Authority: Chapter 70.38 RCW. 96-24-052, §
246-310-500, filed 11/27/96, effective 12/28/96. Statutory Authority:
RCW
70.38.135. 91-05-093 (Order 143), §
246-310-500, filed 2/20/91, effective 3/23/91. Statutory Authority:
RCW
43.70.040. 91-02-049 (Order 121), recodified
as § 246-310-500, filed 12/27/90, effective 1/31/91. Statutory Authority:
RCW
70.38.115. 89-02-040 (Order 2745), §
248-19-440, filed 12/30/88. Statutory Authority:
RCW
70.38.135. 86-06-030 (Order 2344), §
248-19-440, filed 2/28/86; 81-09-012 (Order 210), § 248-19-440, filed
4/9/81, effective 5/20/81. Statutory Authority: Chapter 70.38 RCW. 79-12-079
(Order 188), § 248-19-440, filed
11/30/79.
