The department will review kidney dialysis facility applications using the concurrent review cycles described in this section, unless the application was submitted as described in subsection (9) of this section. There are four concurrent review cycles each year.
(1) Applicants must submit applications for review according to the following table:
| | Application Submission Period | Department Action | Application Review Period |
Concurrent Review Cycle | Letters of Intent Due | Receipt of Initial Application | End of Screening Period | Applicant Response | Beginning of Review | Public Comment Period (includes public hearing if requested) | Rebuttal Period | Exparte Period |
Special Circumstances 1 | First working day of April of each year. | First working day of May of each year. | May 15 or the first working day thereafter. | June 15 or the first working day thereafter. | June 22 or the first working day thereafter. | 30-Day Public comment period (including public hearing). Begins June 23 or the first working day thereafter. | 7-Day Rebuttal period. Applicant and affected party response to public comment. | 15-Day Exparte period. Department evaluation and decision. |
Nonspecial Circumstance Cycle 1 | First working day of May of each year. | First working day of June of each year. | Last working day of June. | Last working day of July. | August 5 or the first working day thereafter. | 30-Day Public comment period (including public hearing). Begins August 6 or the first working day thereafter. | 30-Day Rebuttal period. Applicant and affected party response to public comment. | 75-Day Exparte period. Department evaluation and decision. |
Special Circumstances 2 | First working day of October of each year. | First working day of November of each year. | November 15 or the first working day thereafter. | December 15 or the first working day thereafter. | December 22 or the first working day thereafter. | 30-Day Public comment period (including public hearing). Begins December 23 or the first working day thereafter. | 7-Day Rebuttal period. Applicant and affected party response to public comment. | 15-Day Exparte period. Department evaluation and decision. |
Nonspecial Circumstances Cycle 2 | First working day of November of each year. | First working day of December of each year. | Last working day of December. | Last working day of January. | February 5 or the first working day thereafter. | 30-Day Public comment period (including public hearing). Begins February 6 or the first working day thereafter. | 30-Day Rebuttal period. Applicant and affected party response to public comment. | 75-Day Exparte period. Department evaluation and decision. |
(2) The department should complete a nonspecial circumstance concurrent review cycle within nine months, which begins the first day after letters of intent are due for that particular review cycle. The department should complete the regular review process within six months, which begins the first day after the letters of intent are due for that particular review cycle.
(3) The department will notify applicants fifteen days prior to the scheduled decision date if it is unable to meet the decision deadline on the applications. In that event, the department will establish and commit to a new decision date.
(4) When two or more applications are submitted for the same planning area, the department will first evaluate each application independently for meeting the applicable standards described in WAC
246-310-210,
246-310-220,
246-310-230, and
246-310-240. If two or more applications independently meet those four standards, the department will apply the superiority criteria in WAC
246-310-827 to determine the superior application under WAC
246-310-240(1).
(5) An applicant receiving points for the purposes of the superiority criteria under WAC
246-310-827 (3)(e), (f), or (g) may only apply for station need in one planning area per review cycle.
(6) An applicant receiving points for purposes of the superiority criteria under WAC
246-310-827 (3)(e), (f), or (g) must operate the newly awarded stations for a period of time long enough to have a full year of data reporting medicare cost report worksheets and a full year of data reporting the dialysis facility report prior to any future applications.
(7) The department will not accept new nonspecial circumstance applications for a planning area if there are any nonspecial circumstance applications for which the certificate of need program has not made a decision in that planning area filed under a previous concurrent review cycle. This restriction does not apply if the department has not made a decision on the pending applications within the review timelines of nine months for a concurrent review and six months for a regular review. This restriction also does not apply to special circumstance applications.
(8) The department may convert the review of a nonspecial circumstance application that was initially submitted under a concurrent review cycle to a regular review process if the department determines that the nonspecial circumstance application does not compete with another nonspecial circumstance application.
(9) Pending certificate of need applications. Kidney dialysis facility applications submitted prior to the effective date of these rules will be reviewed and action taken based on the rules that were in effect on the date the applications were received.
[Statutory Authority: RCW
70.38.135. WSR 17-04-062, § 246-310-806, filed 1/27/17, effective 1/1/18.]