WSR 23-02-036
EMERGENCY RULES
DEPARTMENT OF HEALTH
[Filed December 29, 2022, 9:45 a.m., effective December 29, 2022, 9:45 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: New WAC 246-320-700 Reporting of health system readiness data. The department of health (department) is extending this emergency rule, WAC 246-320-700, to continue to require acute care hospitals licensed under chapter 70.41 RCW to report hospital maintenance and operation data to the department through Washington's health care and emergency and logistics tracking hub (WA HEALTH) in accordance with the WA HEALTH User Guide. WA HEALTH is used daily to inform planned patient movement, coronavirus disease 2019 (COVID-19) and influenza hospitalization and disease trends, and supply needs across the state, so patients have access to the appropriate level of health care. This extends the emergency rule filed as WSR 22-18-060 on August 31, 2022.
Citation of Rules Affected by this Order: New WAC 246-320-700.
Statutory Authority for Adoption: RCW 70.41.030.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The adoption of this rule as an emergency rule is necessary to allow for the continuation of reporting of timely and accurate data pertaining to hospital's patient volumes, capacities, and resource constraints as seasonal surges of COVID-19 and influenza strain Washington's health care system. This will ensure health system readiness, promote safe and adequate care of individuals in hospitals, and mitigate the impact of these and other emerging public health threats. The department intends to initiate a rule-making project in spring of 2023 to work with interested parties on consideration of adopting this requirement as a permanent rule.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.
Date Adopted: December 29, 2022.
Kristin Peterson, JD
Chief of Policy
for Umair A. Shah, MD, MPH
Secretary
OTS-3921.2
NEW SECTION
WAC 246-320-700Reporting of health system readiness data.
The purpose of this section is to outline each hospital's responsibility for reporting to the department data pertaining to the maintenance and operation of the hospital in support of health system readiness.
(1) For the purposes of this section:
"WA HEALTH User Guide" means the written instructions issued by the department for reporting to the department hospital maintenance and operation data pertaining to health system readiness.
(2) Hospitals must report data to the department in accordance with the WA HEALTH User Guide, including any amended versions thereof issued by the department. Copies of the WA HEALTH User Guide may be obtained on the department's website or by contacting the department.
(3) Any person who receives data reported under this section must maintain confidentiality of the data as required by applicable law.