WAC 246-310-200   Bases for findings and action on applications.  (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.]