December 27, 2013
New Washington Department of Health Regulations
Practice Group(s):
By Carla M. Dewberry
Health Care
On December 23, 2013, the Washington State Department of Health (the “Department”)
adopted two regulatory changes that impact hospitals. As discussed below, one change
impacts Certificate of Need (CoN) review when there is a change in the control of a hospital.
The second regulatory change requires hospital disclosure of patient access policies.
Certificate of Need Review Required In Connection with the Sale, Purchase, or
Lease of a Hospital
The Department amended the CoN rules to clarify that a change in control of a hospital,
whether by sale, purchase, lease, affiliation, corporate restructuring, merger, or other
arrangement is subject to CoN review. This was accomplished by revising WAC 246-310010 to define the phrase “sale, purchase, or lease.” The regulation now defines a sale,
purchase or lease as:
“any transaction in which the control, either directly or indirectly, of part or all
of any existing hospital changes to a different person including, but not
limited to, by contract, affiliation, corporate membership restructuring, or any
other transaction.”
The term “person” was revised by adding the words “public or private” to the existing
definition. As revised, the new definition of a person is an “individual, a trust or estate, a
partnership, any public or private corporation (including associations, joint stock companies,
and insurance companies), the state, or a political subdivision or instrumentality of the state,
including a municipal corporation or a hospital district.” (Addition underlined.)
New Patient Disclosure Requirements
In addition, WAC 246-320-141 (Patient rights and organizational ethics)1 was revised to
require hospitals to provide the Department with the hospital’s policies related to patient
admission, nondiscrimination, end-of-life care, and reproductive health care (and update the
1
The new regulatory language reads as follows:
(5) No later than sixty days following the effective date of this section, every hospital must submit to the department its
policies related to access to care:
(a) Admission;
(b) Nondiscrimination;
(c) End of life care; and
(d) Reproductive health care.
(6) The department shall post a copy of the policies received under subsection (5) of this section on its web site.
(7) If a hospital makes changes or additions to any of the policies listed under subsection (5) of this section, it must submit
a copy of the changed or added policy to the department within thirty days after the hospital approves the changes or
additions.
(8) Hospitals must post a copy of the policies provided under subsection (5) of this section to its own web site where it is
readily accessible to the public, without requiring a login or other restriction.
New Washington Department of Health Regulations
Department when these policies change). The hospital must make these policies available
on the hospital’s website, and the Department is required to post the hospital’s policies on
the Department’s website.
The first hospital reporting is due to the Department on March 24, 2014; this is also the
deadline for the posting on the hospital’s website.
Author:
Carla M. Dewberry
carla.dewberry@klgates.com
+1. 206.370.8317
Anchorage Austin Beijing Berlin Boston Brisbane Brussels Charleston Charlotte Chicago Dallas Doha Dubai Fort Worth Frankfurt
Harrisburg Hong Kong Houston London Los Angeles Melbourne Miami Milan Moscow Newark New York Orange County Palo Alto Paris
Perth Pittsburgh Portland Raleigh Research Triangle Park San Diego San Francisco São Paulo Seattle Seoul Shanghai Singapore Spokane
Sydney Taipei Tokyo Warsaw Washington, D.C. Wilmington
K&L Gates practices out of 48 fully integrated offices located in the United States, Asia, Australia, Europe, the Middle East and South
America and represents leading global corporations, growth and middle-market companies, capital markets participants and
entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and
individuals. For more information about K&L Gates or its locations, practices and registrations, visit www.klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in
regard to any particular facts or circumstances without first consulting a lawyer.
©2013 K&L Gates LLP. All Rights Reserved.
2