(1) An amended
certificate of need shall be required for any of the following modifications of
a project for which a certificate of need was issued and has been submitted in
accordance with subsection (2) of this section:
(a) An addition of a new service;
(b) An expansion of a service beyond that
which was included in the certificate of need application on which the issuance
of the certificate of need was based;
(c) An increase in the inpatient bed
capacity;
(d) The modification or
release of a condition placed on a certificate of need;
(e) A significant reduction in the scope of a
project for which a certificate of need has been issued without a commensurate
reduction in the cost of the project, or the project cost increases (as
represented in bids on a construction project or final cost estimate or
estimates acceptable to the person to whom the certificate of need was issued)
when the total of such increases exceeds twelve percent or fifty thousand
dollars, whichever is greater, over the maximum capital expenditure specified
by the secretary's designee in issuing the certificate of need: Provided
however, That the review of such reductions or cost increases shall be
restricted to the continued conformance of the project with the criteria
contained in WAC
246-310-220 and
246-310-240; or
(f) A change in the approved site.
(2) An application to amend a
certificate of need shall be submitted and the certificate of need will be
issued or denied prior to project completion except for projects involving
construction. For projects involving construction, an amendment application may
be submitted up to ninety days after project completion provided the applicant
meets the following eligibility requirements:
(a) Eligibility requirements for a ninety-day
extension to submit an application to amend a certificate of need.
(i) The applicant has submitted quarterly
reports and updated the capital expenditures as required in WAC
246-310-590;
(ii) The quarterly progress reports
identified that the actual construction costs had exceeded twelve percent or
fifty thousand dollars (whichever is greater) of the approved capital
expenditure; and
(iii) The
department did not notify the applicant in writing that an amended certificate
of need was needed.
(b)
In the event the applicant has submitted quarterly progress reports as
identified in (a)(i) of this subsection and the reports did not reflect that
the actual construction costs had exceeded the approved capital expenditure,
the applicant would only be eligible for a ninety-day extension if the
applicant can document:
(i) All costs in
excess of twelve percent or fifty thousand dollars (whichever is greater) of
the approved capital expenditure were totally unforeseen as documented by a
signed affidavit from the contractor; and
(ii) That all the excess costs were incurred
after the submission of the last quarterly progress report preceding the
projects' completion.
(3) An application for an amended certificate
of need shall be submitted in accordance with the provisions of WAC
246-310-090.
(4) An application for an amended certificate
of need may be reviewed under the expedited review process set forth in WAC
246-310-150.
(5) The department shall provide a written
determination as to the requirement for an amended certificate of need within
twenty-one days after receipt of a request for such determination.
