WSR 25-20-024
PERMANENT RULES
DEPARTMENT OF HEALTH
[Filed September 23, 2025, 8:15 a.m., effective October 24, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Ground ambulance services; balance billing. The department of health (department) is adopting rule changes in response to SSB 5986 (chapter 218, Laws of 2024), regarding out-of-network health care charges for ground ambulance services, and licensed ground emergency medical service (EMS) services. The department is adopting amendments to WAC 246-976-260 and 246-976-270 to clarify the department's role related to ground ambulance balance billing regulations, provide licensed services with visibility of the department's disciplinary role for enforcement of ground ambulance balance billing regulations, and the potential action the department could take on an EMS service license for violations of the standards.
Citation of Rules Affected by this Order: Amending WAC 246-976-260 and 246-976-270.
Statutory Authority for Adoption: RCW 18.73.081, 43.70.040, and SSB 5986 (chapter 218, Laws of 2024).
Adopted under notice filed as WSR 25-14-020 on June 24, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: September 23, 2025.
Kristin Peterson, JD
Chief of Policy
for Dennis E. Worsham
Secretary of Health
RDS-6412.1
AMENDATORY SECTION(Amending WSR 24-15-104, filed 7/22/24, effective 9/30/24)
WAC 246-976-260Licenses required.
(1) The secretary licenses ambulance and aid services and vehicles to provide service that is consistent with the state plan and approved regional plans.
(2) The secretary may extend the licensing period to accommodate efficient processing of renewal applications. The expiration date will be indicated on the EMS service license issued by the department.
(3) An aid or ambulance service operating in the state of Washington must:
(a) Be licensed by the department to operate, unless an exception in RCW 18.73.130 applies; and
(b) Comply with all applicable regulations and standards in this chapter and requirements in RCW 48.49.200.
(4) To apply for an initial aid or ambulance service license, an applicant must:
(a) Submit a completed application on forms provided by the department;
(b) Provide proof of the motor vehicle liability coverage required in RCW 46.30.020 (ambulance and aid services only) and professional and general liability coverage;
(c) Provide a map of the proposed response area;
(d) Identify the level(s) of service to be provided to include:
(i) Basic life support (BLS);
(ii) Intermediate life support (ILS);
(iii) Advanced life support (ALS) (paramedic); and
(iv) Specialty care transport (SCT). Identify the scope of care and any specialty services (such as neonatal transport) provided;
(e) Identify the scheduled hours of operation for all levels of service provided; and
(f) Meet the minimum staffing requirements for each level of service provided. Staffing requirements are as follows:
(i) For aid services:
(A) An aid service providing BLS level of care must staff an aid vehicle with at least one emergency medical responder (EMR).
(B) An aid service providing ILS level of care must staff an aid vehicle with at least one advanced emergency medical technician (AEMT).
(C) An aid service providing ALS level of care must staff an aid vehicle with at least one paramedic.
(ii) For ambulance services:
(A) An ambulance service providing BLS level of care must staff an ambulance with a minimum of at least one emergency medical technician (EMT) and one person certified as an emergency medical responder (EMR) or a driver with a certificate of advanced first aid qualification or department-approved equivalent.
(B) An ambulance service providing ILS level of care must staff an ambulance with a minimum of at least one advanced emergency medical technician (AEMT) and one EMT.
(C) An ambulance service providing ALS level of care must staff an ambulance with a minimum of at least one paramedic and one EMT.
(D) A licensed service that provides inter-facility specialty care transport (SCT) must provide a minimum of two certified or licensed health care providers on each transport that have the education, experience, qualifications, and credentials consistent with the patient's needs and scope of care required for the transport and includes:
(I) One paramedic or registered nurse cross trained in prehospital emergency care and certified as an EMT; and
(II) One other person who may be the driver, must be a registered nurse, respiratory therapist, paramedic, advanced EMT, EMT, or other appropriate specialist as appointed by the physician director.
(E) With approval from the department, an ambulance service established by a volunteer or municipal corporation, or association made up of two or more municipalities in a rural area with insufficient personnel may use a driver without any medical or first-aid training as provided in RCW 18.73.150(2).
(g) Provide a current list of certified EMS personnel affiliated with the EMS service;
(h) Provide the number of advanced first-aid trained personnel used in the staffing model by the EMS service;
(i) Provide the number of nonmedically trained drivers used in the staffing model by the EMS service;
(j) Meet the equipment requirements for the level(s) of service provided in WAC 246-976-300;
(k) Provide information about the type of aid or ambulance vehicles that will be used by the service;
(l) Provide supplemental documentation that describes all the following:
(i) The dispatch plan;
(ii) The deployment plan;
(iii) The response plan to include how patient transport will be continued if a vehicle becomes disabled or personnel become unavailable to respond or continue to a call and how patient care will be provided if medical equipment failure occurs; and
(iv) The tiered response and rendezvous plan; and
(m) Be approved by the department.
(5) To renew an aid or ambulance license, applicants must provide a completed application on forms provided by the department at least 30 days before the expiration of the current license and be approved by the department.
(6) Licensed aid and ambulance services must:
(a) Provide initial training and updates to certified EMS personnel on department-approved prehospital triage procedures, regional patient care procedures, county operating procedures, county medical program director policies, and patient care protocols;
(b) In accordance with RCW 43.70.490 provide training to familiarize EMS personnel with techniques, procedures, and protocols for best handling situations in which persons with disabilities are present at the scene of an emergency;
(c) Identify how certified EMS personnel will receive continuing medical education and ongoing training;
(d) Comply with department-approved prehospital triage procedures, regional patient care procedures, county operating procedures, county medical program director policies, and patient care protocols;
(e) Provide service consistent with the state plan, approved regional plans, and the approved application on file with the department; and
(f) Participate in the Washington state EMS electronic data system in accordance with RCW 70.168.090(2).
(7) The department will:
(a) Develop and administer the application and evaluation process;
(b) Notify the regional EMS and trauma care council and county medical program director when the department receives an application for an aid or ambulance service within their area;
(c) Approve applications based on evaluations;
(d) Approve renewal of an aid or ambulance license if the service continues to meet standards; and
(e) Provide written notification to the regional EMS a trauma care council and county medical program director when the license is first issued, when amendments to existing licenses impacting the service provided in the region occur, and when a license has expired.
(8) The department may:
(a) Conduct a site review; and
(b) Grant a provisional license not to exceed 120 days. The secretary may withdraw the provisional license if the service is unable to meet the requirements for licensure within the 120-day period.
AMENDATORY SECTION(Amending WSR 24-15-104, filed 7/22/24, effective 9/30/24)
WAC 246-976-270Denial, suspension, revocation.
(1) The secretary may suspend, modify, or revoke an agency's license or verification issued under this chapter. The secretary may deny licensure or verification to an applicant when it finds:
(a) Failure to comply with the requirements of chapters 18.71, 18.73, ((or)) 70.168 RCW, or RCW 48.49.200, or other applicable laws or rules, or with this chapter;
(b) Failure to comply or ensure compliance with prehospital patient care protocols or regional patient care procedures;
(c) Failure to cooperate with the department in inspections or investigations; or
(d) Failure to consistently meet trauma response times identified by the regional plan and approved by the department for trauma verified services.
(2) The secretary may fine an agency licensed to provide ground ambulance services in an amount not to exceed $1,000 per violation if the insurance commissioner reports to the department that they have cause to believe that a ground ambulance services organization has engaged in a pattern of violations of RCW 48.49.200, and the report is substantiated after investigation.
(3) Modification, suspension, revocation, or denial of licensure or verification, or imposition of a fine, will be consistent with the requirements of the Administrative Procedure Act, chapter 34.05 RCW, and chapter 246-10 WAC. The secretary will not take action against a licensed, nonverified service under this section for providing emergency trauma care consistent with regional patient care procedures when the wait for the arrival of a verified service would place the life of the patient in jeopardy or seriously compromise patient outcome.