Rules in Progress-Certificate of Need

Last revised date: September 22, 2022

The department has filed a CR-101 to open the entire chapter of Certificate of Need (CN) rules (246-310 WAC) to clarify, streamline, develop progressive enforcement tools, and modernize language.

As part of the rulemaking process, the department will address petitions including:

  • Home health methodology
  • Percutaneous coronary intervention exception criteria.

Department of Health Rules Page

Current rules in progress

Percutaneous Coronary Intervention (PCI) Volume Standards

The purpose of opening WAC 246-310-715, 246-310-720, and 246-310-745 is to update the PCI standards by incorporating stakeholder input gained through various rules workshops and comment opportunities.

Draft rules

Rule activities 

  • Draft language for WAC 246-310-720(2) - proposal withdrawn based on feedback received during Workshop #1.

Rule petition documents

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.

Date and Location Meeting Documents

Listening session #4

January 5, 2023, 1:30 p.m. to 3 p.m.

Via Zoom 

 

Listening session #3

November 2, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 6, 2022, 3 p.m. to 4:30 p.m.

Via Zoom 

 

Listening session #1

August 25, 2022

Listening session – PCI (PDF)

Workshop #1

June 14, 2022, starts at 2 p.m.

Via Zoom

Agenda (PDF)

Kickoff Meeting

May 25, 2022, 1 p.m. to 3 p.m.

Via Zoom

None
Hospice Need Forecasting Methodology and Standards

The purpose of opening WAC 246-310-290 and 246-310-295 is to update the need forecasting methodology and standards for hospice services by incorporating stakeholder input gained through various rules workshops and comment opportunities. 

Draft rules

Rule activities 

Rule petition documents

  • None received at this time

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.

Date and Location Meeting Documents

Listening session #4

January 3, 2023, 4:30 p.m. to 6 p.m.

Via Zoom

 

Listening session #3

November 1, 2022, 5 p.m. to 6:30 p.m.

Via Zoom

 

Listening session #2

October 3, 2022, 10:30 a.m. to noon

Via Zoom

 

Listening session #1

August 24, 2022

Listening session – Hospice (PDF)

Workshop #2

June 29, 2022, starts at 2 p.m.

Via Zoom

Agenda (PDF)

Sample methodology (PDF)

Updated draft (PDF)

Received drafts (PDF)

Workshop #1

June 14, 2022, starts at 2 p.m.

Via Zoom

Agenda (PDF)

Kickoff Meeting

May 25, 2022, 1 p.m. to 3 p.m.

Via Zoom

None
Tertiary Health Services

The Certificate of Need Program is conducting a review of tertiary services in WAC 246-310-020(1)(d)(i). The purpose of the review is to decide if any changes are necessary to the tertiary services list. Changes could be either additions to or deletions from the list. The current list of tertiary services includes: 

  • Specialty burn services
  • Intermediate care nursery and/or obstetric services Level II
  • Neonatal intensive care nursery and/or obstetric services Level III
  • Transplantation of specific solid organs
  • Open heart surgery and/or elective therapeutic cardiac catheterization, including percutaneous coronary interventions generally and elective percutaneous coronary angioplasty (PTCA), specifically
  • Inpatient physical rehabilitation services Level I
  • Specialized inpatient pediatric services

A provider must get Certificate of Need-approval before starting any of these services the hospital has not provided in the preceding 12 months. 

Draft rules

  • None at this time.

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting. If you do not see your meeting information, scroll down. Meetings may end early if all business is concluded earlier than the end time.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated. 

Date and Location Meeting Documents

Listening session #4

January 23, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 28, 2022, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #2

October 19, 2022, 1:30 p.m. to 3 p.m.

Via Zoom 

 

Listening session #1

September 21, 2022, 1:30 p.m. to 3 p.m.

Listening session (PDF)
Acute Care and Psychiatric Bed Need

The purpose of these rules is to develop standards and an acute care hospital and psychiatric bed need rules by incorporating stakeholder input through various rules workshops and comment opportunities.

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated. 

Date and Location Meeting Documents

Listening session #4

January 11, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 9, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 14, 2022, 10:30 a.m. to noon

Via Zoom 

 

Listening session #1

September 16, 2022, 1:30 p.m. to 3 p.m.

Via Zoom 

 
Ambulatory Surgical Facility Rule-making Activities

The purpose of opening WAC 246-310-020 and 246-310-270 is to update the need forecasting methodology and standards for Certificate of Need-approved ambulatory surgery facility (ASF) by incorporating stakeholder input gained through various rules workshops and comment opportunities.

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down. Meetings may end early if all business is concluded earlier than the end time.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated. 

Date and Location Meeting Documents

Listening session #4

January 18, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 16, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 20, 2022, 1:30 p.m. to 3 p.m.

Via Zoom 

 

Listening session #1

September 19, 2022, 2:30 p.m. to 4 p.m.

Listening session (PDF)
Kidney Dialysis Need Forecasting Methodology and Standards

The purpose of opening WAC 246-310-800, 246-310-803, 246-310-806, 246-310-809, 246-310-812, 246-310-815, 246-310-818, 246-310-821, 246-310-824, 246-310-827, 246-310-830, and 246-310-833 is to review standards and need forecasting methodology for kidney dialysis facilities by incorporating stakeholder input through various rules workshops and comment opportunities. 

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down. Meetings may end early if all business is concluded earlier than the end time.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.

Date and Location Meeting Documents

Listening session #4

January 10, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 7, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 12, 2022, 9:30 a.m. to 11 a.m.

Via Zoom 

 

Listening session #1

September 15, 2022, 1:30 p.m. to 3 p.m.

Listening session (PDF)
General Certificate of Need Rules

The purpose is to review general standards that generally impact all facilities by incorporating stakeholder input through various rules workshops and comment opportunities. 

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.

Date and Location Meeting Documents

Listening session #4

January 25, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 29, 2022, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #2

October 21, 2022, 1:30 p.m. to 3 p.m.

Via Zoom 

 

Listening session #1

September 22, 2022, 3 p.m. to 4:30 p.m.

Via Zoom 

 
Home Health Need Forecasting Methodology and Standards

The purpose is to review standards and need forecasting methodology for home health facilities by incorporating stakeholder input through various rules workshops and comment opportunities.

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down. Meetings may end early if all business is concluded earlier than the end time. Meetings may end early if all business is concluded earlier than the end time.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.  

Date and Location Meeting Documents

Listening session #4

January 31, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 17, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 26, 2022, 10:30 a.m. to noon

Via Zoom 

 

Listening session #1

September 20, 2022 1:30 p.m. to 3 p.m.

Listening session (PDF)
Nursing Home Need Forecasting Methodology and Standards

The purpose is to review standards and need forecasting methodology for nursing home facilities by incorporating stakeholder input through various rules workshops and comment opportunities.

Draft rules

  • None at this time. 

Rule activities

  • None at this time.

Rule petition documents

  • None at this time.

Stakeholder meetings

Agenda and other relevant material will be provided prior to each meeting.  If you do not see your meeting information, scroll down.

All meetings will be held virtually via Microsoft Teams or Zoom, unless otherwise indicated.

Date and Location Meeting Documents

Listening session #4

January 17, 2023, 4:30 p.m. to 6 p.m.

Via Zoom 

 

Listening session #3

November 15, 2022, 5 p.m. to 6:30 p.m.

Via Zoom 

 

Listening session #2

October 20, 2022, 10 a.m. to 11:30 a.m.

Via Zoom 

 

Listening session #1

September 23, 2022, 10 a.m. to 11:30 a.m.

Via Zoom 

 
Rulemaking Kickoff Presentation

May 25, 2022 Rulemaking Kickoff Presentation (PDF)

Chapter 246-310 WAC Certificate of Need

CR-101 filed December 18, 2019 (PDF)

Tribal Notification

Notice of Rulemaking: Tribal Notification (PDF)

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