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Urgent information about COVID waivers.
Early in the COVID-19 pandemic, Governor Inslee issued Proclamation 20-36 which waived certain certificate of need (CN), construction review (CR), and facility licensing requirements to allow health care facilities to rapidly adapt and expand to meet the demands for surge capacity.
The Governor has announced his intent to rescind Proclamation 20-36 on October 27, 2022. Facilities that utilized the waivers to address surge must either revert their operations or take immediate action to move toward compliance by October 27, 2022.
The Department of Health (department) will provide health care facilities a glide path to come into compliance, but you must act quickly to submit letters of intent and applications as described below.
What does this mean for licensed health care facilities?
If your health care facility took advantage of the waivers in Proclamation 20-36 and you plan to maintain these changes beyond October 27, 2022, you must comply with state law applicable to your license type. This could include obtaining a certificate of need, obtaining construction review approval, and/or updating your license.
For those facilities requiring a Certificate of Need:
- By August 28, 2022, facilities must submit a Letter of Intent to the department conforming to WAC 246-310-080. Letters of Intent must describe the increase in capacity and/or new locations the facility wants to maintain and be accompanied by a patient transition plan should the department not approve the application. Send the Letter of Intent to COVIDwaiver@doh.wa.gov.
- By October 27, 2022, facilities must submit a CN application and the appropriate fee to the department following existing CN application processes and requirements. Facilities must also submit applications to modify their facility license within this same timeframe, as appropriate. If your CN application is denied, you must execute your patient transition plan and revert your operations to your previously approved CN.
- Exception: Health care facility types on a concurrent review cycle for CN applications (nursing homes, hospice care centers, and end stage renal disease facilities) will be required to submit a second Letter of Intent, CN application, and appropriate fee in compliance with the department’s published schedule the next time the application cycle opens. Facilities must also submit applications to modify their facility license within this same timeframe, as appropriate. If your CN application is denied, you must execute your patient transition plan and revert your operations to your previously approved CN.
For those facilities requiring Construction Review:
- By August 28, 2022, facilities must submit a construction review application to COVIDwaiver@doh.wa.gov and appropriate fee. Applications must include a clear description of the scope of work (physical changes, additions, renovations) made to the facility.
- By October 27, 2022, facilities must submit formal engineering plans, functional programs, and associated documentation needed to evaluate compliance with the state licensing rules OR submit a technical assistance application to the department to confirm the scope of work and establish documentation requirements. Facilities must respond quickly and in good faith to correct non-compliant construction, eliminate hazards within the environment and complete the review project.
- By January 25, 2023, and every 90 days after that until the project is fully approved, submit to the department quarterly progress reports that address project status, updates since the last report, and planned completion date.
Following the process above will not adversely affect a facility’s CN, CR, or license application. Failure to follow the steps outlined above will be considered non-compliance and the department may take appropriate enforcement action.
If you have any questions about what actions you should take now, technical assistance is available at COVIDwaiver@doh.wa.gov. The department will also host webinars about the glide path described above on the following dates:
- Thursday, August 4th, 11:00 am – 12:00 pm
- Tuesday, August 9th, 10:00 am – 11:00 am
- Thursday, August 11th, 2:00 pm – 3:00 pm
Zoom links will be distributed early next week.
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