Title 70, PUBLIC HEALTH AND SAFETY

The authority shall have power to require persons applying for its assistance in connection with the investigation and financing of projects to pay fees and charges to provide the authority with funds for investigation, financial feasibility studies, expenses of issuance and sale…

The authority may make contracts, employ or engage engineers, architects, attorneys, an executive director, and other technical or professional assistants, and such other personnel as are necessary. It may delegate to the executive director or other appropriate persons the power …

Any city, county or other political subdivision of this state and any public health care facility is hereby authorized to advance or contribute to the authority real property, money, and other personal property of any kind towards the expense of preliminary surveys and studies an…

It is declared to be the public policy of this state: (1) That strategic health planning efforts must be supported by appropriately tailored regulatory activities that can effectuate the goals and principles of the statewide health resources strategy developed pursuant to chapter…

(1) For the purposes of this section and RCW 70.38.015 and 70.38.135, "statewide health resource strategy" or "strategy" means the statewide health resource strategy developed by the office of financial management pursuant to chapter 43.370 RCW. (2) Effective January 1, 2010, for…

When used in this chapter, the terms defined in this section shall have the meanings indicated. (1) "Board of health" means the state board of health created pursuant to chapter 43.20 RCW. (2) "Capital expenditure" is an expenditure, including a force account expenditure (i.e., a…

Public accessibility to records shall be accorded by health systems agencies pursuant to Public Law 93-641 and chapter 42.56 RCW. A health systems agency shall be considered a "public agency" for the sole purpose of complying with the public records act, chapter 42.56 RCW. [ 2005…

(1) The department is authorized and directed to implement the certificate of need program in this state pursuant to the provisions of this chapter. (2) There shall be a state certificate of need program which is administered consistent with the requirements of federal law as nec…

(1) The department shall not require a certificate of need for the offering of an inpatient tertiary health service by: (a) A health maintenance organization or a combination of health maintenance organizations if (i) the organization or combination of organizations has, in the s…

(1) Certificates of need shall be issued, denied, suspended, or revoked by the designee of the secretary in accord with the provisions of this chapter and rules of the department which establish review procedures and criteria for the certificate of need program. (2) Criteria for …

All certificate of need applications submitted by hospice agencies for the construction, development, or other establishment of a facility to be licensed as either a hospital under chapter 70.41 RCW or as a nursing home under chapter 18.51 RCW, for the purpose of operating the fu…

(1) A certificate of need shall be valid for two years. One six-month extension may be made if it can be substantiated that substantial and continuing progress toward commencement of the project has been made as defined by regulations to be adopted pursuant to this chapter. (2) A…

To promote the stability of Washington's cardiac care delivery system, by July 1, 2008, the department of health shall adopt rules establishing criteria for the issuance of a certificate of need under this chapter for the performance of elective percutaneous coronary intervention…

The secretary shall have authority to: (1) Provide when needed temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis; (2) Make or cause to be made such on-…

The enactment of this chapter shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this act. [ 1979 ex.s. c 161 s 15.] Notes: *Reviser's note: For "the effect…

The enactment of this chapter as amended shall not have the effect of terminating, or in any way modifying the validity of any certificate of need which shall already have been issued prior to *the effective date of this 1980 act. [ 1980 c 139 s 11.] Notes: *Reviser's note: For "…

The enactment of amendments to chapter 70.38 RCW by chapter 235, Laws of 1983 shall not have the effect of terminating or in any way modifying the validity of a certificate of need which was issued prior to *the effective date of this 1983 act. [ 1983 c 235 s 11.] Notes: *Reviser…

The enactment of *sections 601 through 607 of this act shall not have the effect of terminating, or in any way modifying, the validity of any certificate of need which shall already have been issued prior to July 1, 1989. [ 1989 1st ex.s. c 9 s 608.] Notes: *Reviser's note: "Sect…

(1) The legislature recognizes that in this state ethnic minorities currently use nursing home care at a lower rate than the general population. The legislature also recognizes and supports the federal mandate that nursing homes receiving federal funds provide residents with a ho…

(1) A change in bed capacity at a residential hospice care center shall not be subject to certificate of need review under this chapter if the department determined prior to June 1994 that the construction, development, or other establishment of the residential hospice care cente…

(1) The need for projects identified in *RCW 70.38.240 shall be determined using the individual planning area's estimated nursing home bed need ratio and includes but is not limited to the following criteria: (a) The current capacity of nursing homes and other long-term care serv…

(1) For a grant awarded during fiscal years 2018 and 2019 by the department of commerce under this section, hospitals licensed under chapter 70.41 RCW and behavioral health hospitals licensed as establishments under chapter 71.12 RCW are not subject to certificate of need require…

(1) New psychiatric beds added under RCW 70.38.260 must remain psychiatric beds unless a certificate of need is granted to change their use or the hospital or psychiatric hospital voluntarily reduces its licensed capacity. (2) This section expires June 30, 2029. [ 2024 c 165 s 3;…

(1) Notwithstanding RCW 70.38.105(4)(h), a kidney disease center may be granted an exemption to exceed its authorized number of dialysis stations during a temporary emergency situation upon approval of the department. (2) A temporary emergency situation is defined to include: (a)…

In any case where the provisions of this chapter may directly conflict with federal law, or regulations promulgated thereunder, the federal law shall supersede and be paramount as necessary to the receipt of federal funds by the state. [ 1983 c 235 s 12; 1979 ex.s. c 161 s 16.]

A certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to *the effective date of this act, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to *the effective date of this a…

(1) *Sections 10, 11, 12, and 21 shall take effect on January 1, 1980. (2) Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to January 1, 1980, shall be reviewed and action taken based on chapter 7…

*Sections 7, 8, and 10 of this 1980 act shall take effect January 1, 1981. [ 1980 c 139 s 14.] Notes: Reviser's note: *(1) "Sections 7, 8, and 10 of this 1980 act" consist of amendments to RCW 70.38.105, 70.38.115, and 70.38.125. (2) The effective date of those remaining sections…

Any certificate of need application which was submitted and declared complete, but upon which final action had not been taken prior to July 1, 1989, shall be reviewed and action taken based on chapter 70.38 RCW, as in effect prior to July 1, 1989, and the rules adopted thereunder…

This act may be cited as the "State Health Planning and Resources Development Act". [ 1979 ex.s. c 161 s 22.]

The powers and duties of the department of social and health services and the secretary of social and health services under this chapter shall be performed by the department of health and the secretary of health. [ 1989 1st ex.s. c 9 s 248.] Notes: Effective date—Severability—198…

This chapter may be cited as the "Washington Hospital and Medical Facilities Survey and Construction Act." [ 1959 c 252 s 1; 1949 c 197 s 1; Rem. Supp. 1949 s 6090-60.]

As used in this chapter: (1) "Secretary" means the secretary of the state department of health; (2) "The federal act" means Title VI of the public health service act, as amended, or as hereafter amended by congress; (3) "The surgeon general" means the surgeon general of the publi…

There is hereby established in the state department of health a "section of hospital and medical facility survey and construction" which shall be administered by a full time salaried head under the supervision and direction of the secretary. The state department of health, throug…

In carrying out the purposes of the chapter the secretary is authorized and directed: (1) To require such reports, make such inspections and investigations, and prescribe such regulations as he or she deems necessary; (2) To provide such methods of administration, appoint a head …

The secretary is authorized and directed to make an inventory of existing hospitals and medical facilities, including public nonprofit and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of s…

The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such ma…

The secretary is authorized to make application to the surgeon general for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited with the state treasurer and shall be available to the secretary for expenditure in…

The secretary shall prepare and submit to the surgeon general a state plan which shall include the hospital and medical facility construction program developed under this chapter and which shall provide for the establishment, administration, and operation of hospital and medical …

The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and…

The secretary shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and medical facilities which receive federal aid for construction under the state plan. [ 1979 c 141 s 102; 1959 c 252 s 9; 1949 c 197 s 10; Rem. Supp. 1949 s 6090-69.]

Applications for hospital and medical facility construction projects for which federal funds are requested shall be submitted to the secretary and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and o…

The secretary shall afford to every applicant for a construction project an opportunity for a fair hearing. If the secretary, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application co…

From time to time the secretary shall inspect each construction project approved by the surgeon general, and, if the inspection so warrants, the secretary shall certify to the surgeon general that work has been performed upon the project, or purchases have been made, in accordanc…

The secretary is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants or to approve applicants for federal funds and authorize the payment of such funds directly to such applicants as may be allowed by federal law. To achieve that end the…

The powers and duties of the department of social and health services under this chapter shall be performed by the department of health. [ 1989 1st ex.s. c 9 s 249.] Notes: Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.