WSR 26-13-115
PROPOSED RULES
DEPARTMENT OF HEALTH
[Filed June 17, 2026, 11:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-17-069.
Title of Rule and Other Identifying Information: The department of health (department) is proposing rule amendments to update certificate of need (CN) review fees. Updates include the amount and how fees are calculated for the CN fees in WAC 246-310-990.
Hearing Location(s): On July 21, 2026, at 9:00 a.m. Register in advance for this webinar at https://us02web.zoom.us/webinar/register/WN_idu_MQJZSvy99E79xAXQbQ. After registering, you will receive a confirmation email containing information about joining the webinar. The department will be offering a virtual public hearing webinar. Individuals may attend virtually or submit comments in writing.
Date of Intended Adoption: July 22, 2026.
Submit Written Comments to: Heather Cantrell, P.O. Box 47850, Olympia, WA 98504-7850, email HSQAFeeRules@doh.wa.gov, web https://fortress.wa.gov/doh/policyreview/, beginning the date and time of this filing, by July 21, 2026, at 11:59 p.m.
Assistance for Persons with Disabilities: Contact Heather Cantrell, TTY 711, email HSQAFeeRules@doh.wa.gov, web doh.wa.gov, by July 14, 2026.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing amendments to sections of rule regarding CN application and review fees to address funding requirements. The fees collected by CN must cover the operational cost of the program. Additionally, changes are included to reflect the current landscape of reviews. A reorganization of fees includes a lower cost for rural applications, and an assessment based on capital expenditures which brings Washington in line with other states that use that method. The changes are meant to rebalance the fees to improve overall assessment of fees in connection with application type. In the 2026 legislative session funds were allocated resulting in a reduction to the originally proposed fee amounts. The proposed updates will fund the program and provide a modernized assessment structure.
Reasons Supporting Proposal: The fees collected by CN must cover the operational cost of the program, including performing reviews; providing technical assistance; conducting public hearings; defending appealed program and department decisions; rule development; and coordinating with state and local authorities. An update is needed to adequately fund the program. RCW
43.70.250 requires that all program costs be fully borne by the members of the program. Changes to rules are the only way to make fee adjustments.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Eric Hernandez, 111 Israel Road S.E., Tumwater, WA 98501, 360-236-2956.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. This rule is exempt from analysis according to RCW
34.05.328 (5)(b)(vi) because it is a rule that sets or adjusts fees pursuant to legislative standards.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW
19.80.045.
Explanation of exemptions: The proposed rules set and adjust fees for certificate of need reviews under RCW
34.05.310 (4)(f).
Scope of exemption for rule proposal:
Is fully exempt.
June 17, 2026
Kristin Peterson, JD
Chief of Policy
for Dennis E. Worsham
Secretary of Health
RDS-7051.4
AMENDATORY SECTION(Amending WSR 12-11-062, filed 5/15/12, effective 6/15/12)
WAC 246-310-990Certificate of need review fees.
(1) ((An application for))A certificate of need application for review under chapter 246-310 WAC must include payment of ((a fee consisting of the following:
(a) A review fee based on the facility/project type;
(b) If more than one facility/project type applies to an application, the review fee for each type of facility/project must be included.
Facility/Project Type | Review Fee |
Ambulatory Surgical Centers/Facilities | $20,427.00 |
Amendments to Issued Certificates of Need | $12,874.00 |
Emergency Review | $8,286.00 |
Exemption Requests | |
• | Continuing Care Retirement Communities (CCRCs)/Health Maintenance Organization (HMOs) | $8,286.00 |
• | Bed Banking/Conversions | $1,347.00 |
• | Determinations of Nonreviewability | $1,925.00 |
• | Hospice Care Center | $1,733.00 |
• | Nursing Home Replacement/Renovation Authorizations | $1,733.00 |
• | Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement/Renovation Authorizations) | $1,733.00 |
• | Rural Hospital/Rural Health Care Facility | $1,733.00 |
Extensions | |
• | Bed Banking | $770.00 |
• | Certificate of Need/Replacement Renovation Authorization Validity Period | $770.00 |
Home Health Agency | $24,666.00 |
Hospice Agency | $21,968.00 |
Hospice Care Centers | $12,874.00 |
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center/Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) | $40,470.00 |
Kidney Disease Treatment Centers | $25,054.00 |
Nursing Homes (Including CCRCs and TCUs) | $46,253.00 |
(2) The fee for amending a pending certificate of need application is determined as follows:
(a) If an amendment to a pending certificate of need application results in the addition of one or more facility/project types, the review fee for each additional facility/project type must accompany the amendment application;
(b) If an amendment to a pending certificate of need application results in the removal of one or more facility/project types, the department shall refund to the applicant the difference between the review fee previously paid and the review fee applicable to the new facility/project type; or
(c) If an amendment to a pending certificate of need application results in any other change as identified in WAC 246-310-100, a fee of two thousand sixty dollars must accompany the amendment application.
(3)))an application fee for each facility or project type (see Table 1).
An application fee will be assessed and calculated as follows:
(a) An amount equal to 1.15 percent of the total estimated project capital expenditure with a minimum of $25,000 and a maximum of $80,000; or
(b) One $25,000 fee for each facility or project application in a designated rural area. Rural designation criteria may be obtained on the department's website or by contacting the department.
Table 1 - Application Review Fees
Facility or Project Type | Percent of Total Capital Expenditure | Minimum | Maximum | Rural |
Ambulatory Surgical Centers and Facilities | 1.15 | $25,000 | $80,000 | $25,000 |
Home Health Agency | 1.15 | $25,000 | $80,000 | $25,000 |
Hospice Agency | 1.15 | $25,000 | $80,000 | $25,000 |
Hospice Care Centers | 1.15 | $25,000 | $80,000 | $25,000 |
Hospital (Excluding Transitional Care Units-TCUs, Ambulatory Surgical Center and Facilities, Home Health, Hospice, and Kidney Disease Treatment Centers) | 1.15 | $25,000 | $80,000 | $25,000 |
Kidney Disease Treatment Centers | 1.15 | $25,000 | $80,000 | $25,000 |
Nursing Homes (Including CCRCs and TCUs) | 1.15 | $25,000 | $80,000 | $25,000 |
(2) Pending application amendment requests must include:
(a) A nonrefundable application amendment fee (see Table 2); and
(b) Payment of the difference between the original application fee and the revised application fee calculated using the same criteria established in subsection (1) of this section.
(i) If the recalculated amount is more than the original application fee, the applicant shall pay the difference when the amendment is submitted.
(ii) If the recalculated amount is less than the original application fee, the department shall refund the amount of the decrease minus the application amendment fee.
(3) Issued certificate of need amendment requests must include a nonrefundable amendment fee (see Table 2).
(4) Projects that are subject to monitoring under WAC 246-310-590 are required to submit a preproject completion monitoring fee (see Table 2) during the fourth quarterly review after a certificate of need is issued and is due every fourth quarterly review until the project reaches completion.
Table 2 - Other Fees
Category | Fee Type | Fee |
Determination | Determination of Reviewability | $12,500 |
Emergency Review | $9,500 |
Exemption | Ambulatory Surgical Center Exemption Request | $18,000 |
Bed Banking and Conversions | $1,500 |
Continuing Care Retirement Communities (CCRCs) and Health Maintenance Organization (HMOs) | $9,500 |
Hospice Care Center | $3,000 |
Nursing Home Capital Threshold under RCW 70.38.105 (4)(e) (Excluding Replacement and Renovation Authorizations) | $3,000 |
Nursing Home Replacement and Renovation Authorizations | $3,000 |
Rural Hospital and Rural Health Care Facility | $3,000 |
Amendment | Application Amendment Fee | $2,500 |
Issued Certificate of Need | $15,000 |
Extension | Bed Banking | $1,000 |
Certificate of Need and Replacement Renovation Authorization Validity Period | $1,000 |
Monitoring | Preproject Completion Monitoring Fee | $5,000 |
(5) If a certificate of need application is returned by the department under WAC 246-310-090 (2)(b) or (e), the department shall refund ((seventy-five))75 percent of the application review fees paid.
(((4) If an applicant submits))(6) If a written request to withdraw a certificate of need application is submitted:
(a) Before the beginning of review, the department shall refund ((seventy-five))75 percent of the application review fees paid by the applicant((.
(5) If an applicant submits a written request to withdraw a certificate of need application));
(b) After the beginning of review, but before the beginning of the ex parte period, the department shall refund ((one-half))50 percent of all review fees paid((.
(6) If an applicant submits a written request to withdraw a certificate of need application)); or
(c) After the beginning of the ex parte period the department shall not refund any of the review fees paid.
(7) Review fees for exemptions and extensions are nonrefundable.