(1) Provisions
for exemptions.
The secretary's designee shall grant a replacement
authorization exempting a facility from the requirements for a certificate of
need for the replacement of existing nursing home beds under the provisions of
RCW
70.38.115(13)(a) by a
nursing home meeting the eligibility requirements of this section and
submitting an application, following the notice requirements in WAC
246-310-397, which demonstrates
the eligibility requirements have been met.
(2) Nursing home construction or renovation
projects for the purpose of replacing nursing home beds within the same
planning area, and which meet the eligibility requirements in subsection (3) of
this section and the notification requirements in WAC
246-310-397, shall not be subject
to certificate of need review. Projects meeting the above requirements would
include, but are not limited to:
(a)
Replacement of an existing facility at the same location;
(b) Construction of a new nursing home or
facilities for the purpose of replacing beds in the same planning
area;
(c) Renovation of an existing
facility for the purpose of replacing beds; and
(d) Redistribution of all or a portion of
existing beds to an existing or new nursing home or facilities in the same
planning area.
(3)
Eligibility requirements. To be eligible for an exemption under this section,
an applicant shall demonstrate that:
(a) The
applicant is the existing licensee (as defined in WAC
246-310-010) of all affected
facilities and has operated the beds at all affected facilities for at least
one year immediately preceding the replacement exemption request fulfilling the
requirements as specified in WAC
246-310-397;
(b) The applicant will be the licensee at all
affected facilities at the completion of the project except as allowed under
the provisions of
RCW
70.38.115(14);
(c) The project will not increase the total
bed capacity of a planning area; and
(d) The nursing home beds being replaced will
not provide nursing home services once the replacement beds are
licensed.
(4) Projects
must be commenced within two years following replacement authorization with a
possibility of one six-month extension provided that substantial and continuing
progress had been made toward commencement of the project as referenced in WAC
246-310-580.
