Title 247 WAC — Health Care Facilities Authority

Chapter 247-02 Organization, operations and procedures.

Wash. Admin. Code § 247-02-010 Purpose.

The purpose of this chapter shall be to provide guidance on the organization, operation, and procedures of the Washington health care facilities authority.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-02-010, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-02-010, filed 9/26/79.

Wash. Admin. Code § 247-02-020 Rules of interpretation.

(1) All adjectives and adverbs, including but not limited to the words "adequate," "approved," "qualified," "reasonable," "reputable," "satisfactory," "sufficiently," and "suitable," as used in Title 247 WAC to qualify a person, procedure, process or otherwise shall be as determined by the authority or its designee.

(2) Where the word "shall" is used in Title 247 WAC, the subject rule or action to which the word relates is mandatory.

(3) Where the word "should" is used in Title 247 WAC, it indicates suggestion or recommendation but not a requirement.

(4) Where the word "may" is used in Title 247 WAC, the action or rule to which the word relates is permissive or discretionary.

(5) Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may be applied to the singular; and words importing the masculine gender or relating to a man may also be extended to the feminine gender and be considered to relate equally to a woman.

History

• Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-02-020, filed 9/26/79.

Wash. Admin. Code § 247-02-030 Definitions.

(1) "Act" means chapter 70.37 RCW.

(2) "Washington health care facilities authority" and "authority" each mean the corporate and politic public body created by the act and, unless the context indicates otherwise, also refer to the staff and employees of the authority.

The terms defined in the act shall have the same meaning when used in Title 247 WAC.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-02-030, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-02-030, filed 9/26/79.

Wash. Admin. Code § 247-02-040 Description of organization.

(1) The authority is a public entity established under the provisions of chapter 70.37 RCW, which exercises essential governmental functions.

(2) Officers. The officers of the authority shall be a chair, who shall be the governor, and a secretary. The secretary shall be elected by a majority vote of the board members and shall continue to hold that office until his or her successor is later elected. Whenever a vacancy occurs in the office of secretary, the members of the authority shall elect a successor who shall serve out the remaining term.

(3) Authority staff: The staff of the authority shall consist of an executive director and such other employees as are determined by the authority as necessary to fulfill its responsibilities and duties. The executive director shall be the chief administrative officer of the authority and subject to its direction. All other staff shall be under his or her supervision and direction. The executive director shall keep a record of the proceedings of the authority and, when required by the authority, shall sign notes, contracts and other instruments. The executive director shall have custody of and be responsible for all moneys and securities of the authority and shall deposit all such moneys forthwith in such banks as the authority may designate from time to time.

(4) Administrative office: The administrative office of the authority shall be located at 410 11th Ave. S.E., Suite 201, Olympia, Washington 98504, which office shall be open each day for the transaction of business from 8:00 a.m. to 5:00 p.m. (Saturdays, Sundays and legal holidays excepted.

(5) Address for communications: All communications with the authority, including but not limited to the submission of materials pertaining to its operations and these rules, requests for copies of the authority's decisions and other matters, shall be addressed as follows: Washington Health Care Facilities Authority, 410 11th Ave. S.E., Suite 201, Olympia, Washington 98504.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-02-040, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-02-040, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-02-040, filed 9/26/79.

Wash. Admin. Code § 247-02-050 Operations and procedures.

(1) Model rules of procedure: Practice and procedure in and before the authority are governed by the model rules of procedure codified in chapter 10-08 WAC, as now or hereafter amended, which rules the authority adopts as its own, subject to any additional rules the authority may add from time to time. The authority reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the authority, said determination to be in accordance with the spirit and intent of the law.

(2) Authority meetings: The meetings of the authority shall all be "special meetings" as that designation is applied in chapter 42.30 RCW. They may be called at any time and place by the chair or a majority of the members of the authority. The authority shall provide to the members and the public such notice as may be required by law. An executive session may be called by the chair or by a majority of all members of the authority as permitted by law.

(3) Quorum: Three members shall constitute a quorum, and the act of a majority of the members present at any meeting, if there is a quorum, shall be deemed the act of the authority except as specified hereafter in WAC 247-02-050(7).

(4) Chair's voting rights: The chair shall have the right to vote on all matters before the authority, just as any other authority member.

(5) Minutes of meetings: Minutes shall be kept of the proceedings of the authority.

(6) Rules of order: The authority shall generally follow Robert's Rules of OrderNewly Revised, in conducting its business meetings.

(7) Form of authority action: The authority may act on the basis of a motion except when authorizing issuance of bonds pursuant to WAC 247-16-070 and when otherwise taking official and formal action with respect to the creation of special funds and the issuance and sale of bonds for a project of a participant, in which case the authority shall act by resolution. Such resolutions shall be adopted upon the affirmative vote of a majority of the members of the authority and shall be signed by a majority of the members of the authority. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting. All bonds shall be executed in the manner provided in RCW 70.37.050.

(8) Public participation is welcomed in the meetings of the authority.

(a) The authority's usual practice shall be to leave time in the agenda of authority meetings for public comment.

(b) The chair of the authority shall recognize anyone in the audience who indicates at the time of the meeting a desire to speak at such meeting, provided that remarks by any individual person are limited to five minutes unless a time extension is granted by the chair.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-02-050, filed 5/1/24, effective 6/1/24
• WSR 05-11-048, § 247-02-050, filed 5/13/05, effective 5/13/05. Statutory Authority: RCW 70.37.050. WSR 82-19-064 (Order 12), § 247-02-050, filed 9/20/82
• WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-02-050, filed 11/25/81
• WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-02-050, filed 9/26/79.

Chapter 247-04 Determination of facilities as health care facilities.

Wash. Admin. Code § 247-04-010 Purpose.

The purpose of this chapter shall be to provide guidance regarding the determination of facilities as health care facilities as defined for purposes of chapter 70.37 RCW, and the resulting eligibility for authority financial assistance. If a facility owned or operated by a participant (as defined in RCW 70.37.020(4)) is determined to be a health care facility, it shall be eligible for financing provided by the authority. If a facility is determined not to be a health care facility, then the authority shall not provide financing for such facility. If a facility is used for both health care and nonhealth care uses, then only those portions of the facility which are determined to be health care facilities shall be eligible for financing provided by the authority.

History

• Statutory Authority: RCW 70.37.050. WSR 94-15-053, § 247-04-010, filed 7/15/94, effective 8/15/94.

Wash. Admin. Code § 247-04-020 Facilities which are health care facilities.

For the purposes of chapter 70.37 RCW, the term health care facility includes the following facilities which are constructed, purchased, acquired, leased, used, owned or operated by a participant (as defined in RCW 70.37.020(4)):

(1) Hospices licensed under chapter 70.127 RCW;

(2) Hospitals licensed under chapter 70.41 RCW;

(3) Rural health facilities as defined in RCW 70.175.020;

(4) Psychiatric hospitals licensed under chapter 71.12 RCW;

(5) Nursing homes licensed under chapter 18.51 RCW (excluding any facility maintained by a participant as an independent nursing home);

(6) Community mental health centers licensed under chapter 71.05 or 71.24 RCW;

(7) Kidney disease treatment centers licensed under chapter 70.41 RCW;

(8) Ambulatory diagnostic, treatment or surgical facilities licensed under chapter 70.41 RCW;

(9) Drug and alcohol treatment facilities licensed under chapter 70.96A RCW;

(10) Home health agencies licensed under chapter 70.127 RCW;

(11) Abortion clinics;

(12) Acupuncture clinics;

(13) Asthma and allergy clinics;

(14) Birthing centers;

(15) Blood banks and blood centers;

(16) Children's clinics or hospitals;

(17) Chiropractic clinics;

(18) Community health clinics or centers;

(19) Comprehensive cancer centers;

(20) Comprehensive community health centers;

(21) Cosmetic surgery clinics;

(22) Dental clinics;

(23) Emergency hospitals;

(24) Evaluation and treatment facilities for mentally ill persons;

(25) Extended care facilities;

(26) Eye banks;

(27) Fertility clinics;

(28) Foot and ankle clinics;

(29) Freestanding ambulatory surgery centers;

(30) Health maintenance organizations;

(31) Homeopathic clinics;

(32) Hypnotherapy centers;

(33) Medical test sites;

(34) Mental health clinics or centers;

(35) Naturopathic clinics;

(36) Optometry clinics;

(37) Orthopedic clinics;

(38) Osteopathic clinics;

(39) Physical therapy clinics or centers;

(40) Prosthetic and orthotic clinics;

(41) Psychiatric clinics;

(42) Skilled nursing facilities;

(43) Sports medicine clinics; and

(44) Women's health care clinics.

History

• Statutory Authority: RCW 70.37.050. WSR 94-15-053, § 247-04-020, filed 7/15/94, effective 8/15/94.

Wash. Admin. Code § 247-04-030 Facilities which may be health care facilities.

(1) Upon investigation, at the request of a participant, the authority may determine other facilities (including land, structures, systems, machinery, equipment or other real or personal property or appurtenances useful for or associated with the delivery of inpatient or outpatient health care service or support for such care or any combination thereof) to be health care facilities for purposes of chapter 70.37 RCW, to the extent that the participant intends such health care activities to be a principal use of such facility. Such facilities may include the following, among others:

(a) Adult day care centers;

(b) Counseling centers;

(c) Family planning centers;

(d) Group care facilities for children with disabilities;

(e) Juvenile evaluation and treatment facilities;

(f) Occupational health clinics;

(g) Rehabilitation centers;

(h) Speech and hearing clinics; and

(i) Training centers for persons with developmental disabilities.

(2) A determination that a facility is a health care facility shall be based on both actual and intended use, as expressed by the participant in its request to the authority for such determination and other supporting documentation, including information responsive to the factors described in WAC 247-04-040 below and as may be required by executive director.

History

• Statutory Authority: RCW 70.37.050. WSR 94-15-053, § 247-04-030, filed 7/15/94, effective 8/15/94.

Wash. Admin. Code § 247-04-040 Factors to be considered in determining whether health care use is a principal use.

(1) For purposes of this chapter, a use or intended use of a participant's facility, or portion thereof, shall be a principal use only if it is one that will utilize more than 10% of a facility.

(2) The authority may consider the following factors, among others, in determining whether a health care use is a principal use of a facility:

(a) The relative amounts of land or space in structures or improvements to be utilized for health care and nonhealth care uses;

(b) The relative fair market or rental value of facilities to be utilized for health care and nonhealth care uses; and

(c) The relative amounts of time a particular facility is utilized for health care and nonhealth care uses.

(3) Portions of a mixed-use facility that are common areas (such as hallways, lobby and reception areas and administrative offices) may be allocated between health care and nonhealth care uses on a pro rata basis using the same method of allocation used to allocate between health care and nonhealth care uses.

History

• Statutory Authority: RCW 70.37.050. WSR 94-15-053, § 247-04-040, filed 7/15/94, effective 8/15/94.

Chapter 247-06 Providing financial assistance to nursing homes.

Wash. Admin. Code § 247-06-010 Purpose.

The purpose of this chapter shall be to provide guidance regarding the circumstances under which a nursing home facility is a health care facility as defined for purposes of chapter 70.37 RCW, and the resulting eligibility for authority financing assistance. If the authority determines that a nursing home facility is an independent nursing home, then the nursing home is not a health care facility and is not eligible for authority financing assistance.

History

• Statutory Authority: RCW 70.37.020(3). WSR 94-15-054, § 247-06-010, filed 7/15/94, effective 8/15/94.

Wash. Admin. Code § 247-06-020 Determination process.

(1) Upon the request of a participant (as defined in RCW 70.37.020(4)), the executive director, in consultation with the authority’s assistant attorney general and authority’s bond counsel, shall evaluate whether a nursing home qualifies for financing assistance under the Washington health care facilities authority statute, chapter 70.37 RCW (the act), and shall make a recommendation to the authority board based upon such evaluation. The participant’s request shall include information with respect to the participant and the nursing home that is responsive to the criteria and factors described in WAC 247-06-030 below and such other information as the executive director may require.

(2) Upon receipt and consideration of the executive director’s recommendation, the board shall determine whether a nursing home is eligible for authority financing assistance.

History

• Statutory Authority: RCW 70.37.020(3). WSR 94-15-054, § 247-06-020, filed 7/15/94, effective 8/15/94.

Wash. Admin. Code § 247-06-030 Criteria for providing financing assistance to nursing homes.

The criteria which will serve as the basis for the review and evaluation for determining whether a nursing home is not independent and thus qualifies for authority financing assistance shall include, but need not be limited to, the following:

(1) Control by related participant. This criterion relates to the nature of the relationship between the related participant and the nursing home and the level of organizational control the related participant exercises or will exercise over the nursing home. The closer the relationship between the related participant and the nursing home and the greater the level of control the related participant exercises over the nursing home, the more likely it is that a nexus exists between the participant and the nursing home sufficient to support the conclusion that the nursing home is not independent. Factors to consider may include, but need not be limited to, the following:

(a) Who the legal owner of the nursing home is;

(b) How the members of the board of trustees/directors of the nursing home and/or the related participant are chosen;

(c) How the management of the nursing home is chosen;

(d) How the nursing home budget is approved and whether the related participant has veto authority; and

(e) What entity holds the license to operate the nursing home.

(2) Physical proximity. This criterion relates to the physical relationship a nursing home facility has to other health care facilities. While physical attachment or connection of a nursing home to a hospital or other health care facility is not required under the act, such attachment or connection may be a strong indicator of the dependence that the nursing home facility may have on the facility to which it is connected. Factors to consider may include, but need not be limited to, the following:

(a) Whether the nursing home facility is physically attached or connected to a hospital or health care facility (other than another nursing home) and the nature of such attachment or connection; and

(b) Where the nursing home is located in relation to hospital and other health care facilities and whether it is on:

(i) A single parcel of property;

(ii) A municipally recognized multi parcel area; or

(iii) A campus (i.e., hospital zoning or major institutional zoning).

(3) Integration with a nonnursing home participant. This criterion relates to the operational integration of a nursing home facility with a nonnursing home participant. The more highly integrated the operations of the nonnursing home participant and the nursing home are, the more likely it is that a nexus exists between such participant and the nursing home sufficient to support the conclusion that the nursing home is not independent. Factors to consider may include, but need not be limited to, the following:

(a) The extent to which the nonnursing home participant and the nursing home have common medical staff;

(b) Who employs the nursing home personnel;

(c) The extent to which the nonnursing home participant and the nursing home have a common or integrated admissions/transfer policy; and

(d) The extent to which the nonnursing home participant and the nursing home have common or integrated administrative staff and/or services.

(4) Coobligation or guaranty by a related nonnursing home participant on authority debt. The final criterion requires that a related nonnursing home participant be obligated on or give a guaranty on any bonds or other obligations to be issued by the authority, the proceeds of which will be used in the nursing home facility.

History

• Statutory Authority: RCW 70.37.020(3). WSR 94-15-054, § 247-06-030, filed 7/15/94, effective 8/15/94.

Chapter 247-12 Public records.

Wash. Admin. Code § 247-12-015 Authority and purpose.

(1) RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" at RCW 42.56.010(3) to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the agency. RCW 42.56.010(3) excludes from the definition of "public record" the records of volunteers that are not otherwise required to be retained by the agency and which are held by volunteers who do not serve in an administrative capacity; have not been appointed by the agency to an agency board, commission or internship; and do not have a supervisory role or delegated authority. RCW 42.56.070(2) requires each agency to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that agency.

(2) The purpose of these rules is to establish the procedures the Washington health care facilities authority (authority) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the authority and establish processes for both requestors and authority staff that are designed to best assist members of the public in obtaining such access.

(3) The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the authority will be guided by the provisions of the act describing its purposes and interpretation.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-015, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-025 Agency description—Contact information—Public records officer.

(1) The Washington health care facilities authority (authority) acts as a conduit to allow nonprofit health care providers access to the tax-exempt municipal bond market. The authority's central office is located at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501.

(2) Any person wishing to request access to public records of the authority, or seeking assistance in making such a request should contact the public records officer of the authority:

Public Records Officer

Washington Health Care Facilities Authority

410 11th Avenue S.E.

Olympia, WA 98501

Telephone: 360-753-6185

Fax: 360-586-9168

Email: whcfarecords@whcfa.wa.gov

Information is also available at the authority's website at http://www.whcfa.wa.gov.

(3) The public records officer will oversee compliance with the act but another authority staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the authority will provide the "fullest assistance" to requestors; create and maintain for use by the public and authority officials an index to public records of the authority; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the authority.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-025, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-035 Availability of public records.

(1) Hours for inspection of records. Public records are available for inspection and copying during normal business hours of the Washington health care facilities authority (authority), Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of the authority. Many public records are also available for inspection and copying on the authority's website at any time, at no cost.

(2) Organization of records. The authority will maintain its records in a reasonably organized manner. The authority will take reasonable actions to protect records from damage and disorganization. A requestor shall not take authority records from authority offices without the permission of the public records officer or designee. A variety of records is available on the authority's website at http://www.whcfa.wa.gov. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

(3) Making a request for public records.

(a) Any person wishing to inspect or copy public records of the authority should make the request in writing on the authority's request form or through an online portal, or by letter, fax, or email addressed to the public records officer at the email address publicly designated by the authority, or by submitting the request in person at Washington health care facilities authority at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501 and include the following information:

• Name of requestor;

• Address of requestor;

• Other contact information, including telephone number and any email address;

• Identification of the public records adequate for the public records officer or designee to locate the records; and

• The date and time of day of the request.

(b) If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Pursuant to RCW 42.56.120, charges for copies are provided in a fee schedule attached hereto; available at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501 and online at http://www.whcfa.wa.gov.

(c) A records request form is available for use by requestors at the office of the public records officer and online at http://www.whcfa.wa.gov.

(d) The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.

(e) If requestors refuse to identify themselves or provide sufficient contact information, the agency will respond to the extent feasible and consistent with the law.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-035, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-045 Processing of public records requests—General.

(1) Providing "fullest assistance." The Washington health care facilities authority (authority) is charged by statute with adopting rules which provide for how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the agency," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.

(2) The public records officer or designee will evaluate the request according to the nature of the request, volume, and availability of requested records.

(3) Acknowledging receipt of request. Following the initial evaluation of the request under subsection (2) of this section, and within five business days1 of receipt of the request, the public records officer will do one or more of the following:

(a) Make the records available for inspection or copying including:

(i) If copies are available on the authority's internet website, provide an internet address and link on the website to specific records requested;

(ii) If copies are requested and payment of a deposit for the copies, if any, is made or other terms of payment are agreed upon, send the copies to the requestor;

(b) Acknowledge receipt of the request and provide a reasonable estimate of when records or an installment of records will be available (the public records officer or designee may revise the estimate of when records will be available); or

(c) Acknowledge receipt of the request and ask the requestor to provide clarification for a request that is unclear, and provide, to the greatest extent possible, a reasonable estimate of time the authority will require to respond to the request if it is not clarified.

(i) Such clarification may be requested and provided by telephone, and memorialized in writing;

(ii) If the requestor fails to respond to a request for clarification and the entire request is unclear, the authority need not respond to it. The authority will respond to those portions of a request that are clear; or

(d) Deny the request.

(4) Consequences of failure to respond. If the authority does not respond in writing within five business days of receipt of the request for disclosure, the requestor should contact the public records officer to determine the reason for the failure to respond.

(5) Protecting rights of others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(6) Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part. If the authority believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief written explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(7) Inspection of records.

(a) Consistent with other demands, the authority shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the agency to copy.

(b) The requestor must claim or review the assembled records within 30 days of the authority's notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the authority may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

(8) Providing copies of records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying. Where the authority charges for copies, the requestor must pay for the copies.

(9) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

(10) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the authority has completed a reasonable search for the requested records and made any located nonexempt records available for inspection.

(11) Closing withdrawn or abandoned request. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill his or her obligations to inspect the records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and, unless the agency has already indicated in previous correspondence that the request would be closed under the above circumstances, indicate to the requestor that the authority has closed the request.

(12) Later discovered documents. If, after the authority has informed the requestor that it has provided all available records, the authority becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-045, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-055 Processing of public records requests—Electronic records.

(1) Requesting electronic records. The process for requesting electronic public records is the same as for requesting paper public records.

(2) Providing electronic records. When a requestor requests records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the Washington health care facilities authority (authority) and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by RCW 42.56.120, 42.56.130, and WAC 247-12-070. The fee schedule is available at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501 and http://www.whcfa.wa.gov.

(3) Customized electronic access services. While not required, and with the consent of the requestor, the authority may decide to provide customized electronic access services and assess charges under RCW 42.56.120 (2)(f). A customized service charge applies only if the authority estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other purposes. The authority may charge a fee consistent with RCW 42.56.120(3) for such customized access. The fee schedule is attached hereto; available at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501 and online at http://www.whcfa.wa.gov.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-055, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-065 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by Washington health care facilities authority (authority) for inspection and copying:

• Records protected under the attorney-client privilege. (RCW 5.60.060 (2)(a)).

• Certain confidential personal information maintained on borrowers or applicants. See RCW 42.56.230(5) (exempting financial information from disclosure).

• Lists of individuals to be used for commercial purposes (RCW 42.56.070(8)).

• Certain confidential personal information maintained on employees, appointees, or elected officials to the extent disclosure violates the individual's right to privacy (RCW 42.56.230(3)).

• Records relevant to a controversy and protected under the work product doctrine (RCW 42.56.290).

(2) The authority is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-065, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-075 Costs of providing copies of public records.

(1) Inspection. There is no fee for inspecting public records, including inspecting records on the Washington health care facilities authority (authority) website.

(2) Statutory default costs. The authority is not calculating actual costs for copying its records because to do so would be unduly burdensome for the following reasons: The authority does not have the resources to conduct a study to determine actual copying costs for all its records; to conduct such a study would interfere with other essential agency functions; and, through the legislative process, the public and requestors have commented on and been informed of authorized fees and costs provided in the Public Records Act including RCW 42.56.120 and other laws. Therefore, in order to implement a fee schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for the authority to adopt the state legislature's approved fees and costs for most of the authority records, as authorized in RCW 42.56.120 and as published in the agency's fee schedule.

(3) Fee schedule. The fee schedule is attached hereto; available at 410 11th Avenue S.E., Suite 201, Olympia, Washington 98501 and online at http://www.whcfa.wa.gov.

(4) Processing payments. Before beginning to make the copies or processing a customized service, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The authority will not charge sales tax when it makes copies of public records.

(5) Costs of mailing. The authority may also charge actual costs of mailing, including the cost of the shipping container.

(6) Payment. Payment may be made by check or money order to the authority.

(7) Fee waivers.

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and the total cost of the entire request is less than $50; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments; or

(iii) The records responsive to an entire request are a combination of paper copies and digital copies.

(b) If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-075, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-12-085 Review of denials of public records.

(1) Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

(2) Consideration of petition for review. The public records officer or designee shall promptly provide the petition and any other relevant information to the agency executive director. The authority will, within two business days following receipt of the petition for review, respond with an estimate of time to consider the matter. Following such review, the executive director will either affirm, reverse, or amend the denial.

(3) Review by the attorney general's office. Pursuant to RCW 42.56.530, if the authority denies a requestor access to public records because it claims the record is exempt in whole or in part from disclosure, the requestor may request the attorney general's office to review the matter. The attorney general has adopted rules on such requests in WAC 44-06-160.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-12-085, filed 5/1/24, effective 6/1/24.

Chapter 247-16 Procedures and fees for preparation and processing of applications for authority assistance.

Wash. Admin. Code § 247-16-010 Purpose.

The purpose of this chapter shall be to set forth the procedures pursuant to which the authority receives and acts on requests for the providing of bonds for the financing of health care facilities.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-010, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-010, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-010, filed 9/26/79.

Wash. Admin. Code § 247-16-020 Definitions.

(1) "Applicant" means a participant which submits an application to the authority.

(2) "Application" means a formal request to the authority for the providing of bonds for the financing of a health care facility, in a format and containing such information as the authority shall specify in these rules or in the application instructions.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-020, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-020, filed 9/26/79.

Wash. Admin. Code § 247-16-030 Applications for financial assistance.

In order to meet the unique needs of different types of borrowers, and/or unique financing programs, the authority will develop and modify from time to time, as necessary, the application forms for financial assistance. Any such application shall contain at least the following information:

(1) Identification of applicant:

(a) Legal name and address of applicant;

(b) Name, title and telephone number of person assigned responsibility for liaison with the authority;

(c) Description of applicant's legal structure (e.g., private nonprofit corporation, public district hospital);

(d) If applicant is a private entity, attach copies of articles of incorporation or other similar documentation, and a copy of IRS determination of 501 (c)(3) status;

(e) Religious or other group affiliation, if any.

(2) Project for which financial assistance is sought (if applicable):

(a) The maximum principal amount requested and, if the requested financial assistance will finance multiple projects at separate sites, a breakdown of the maximum principal amount to finance each separate project;

(b) General description of project to be financed or refinanced;

(c) Current status of planning for project and dates proposed for (i) completion of drawings for project, if applicable (attach copies if completed); (ii) filing of environmental impact statement, if applicable; (iii) entry into construction contract; and (iv) completion or occupancy;

(d) Current status of certificate of need for project, if required. If certificate has been issued, attach copy;

(e) Cost of project (including simple breakdown of costs of general construction, site work, utilities, equipment, land acquisition, architects' and other fees, contingency, interim interest, other);

(f) Feasibility studies on project, if any (attach copy if one has been completed);

(g) Proposed security for authority-issued bonds.

(3) Finances of applicant:

(a) Audited (if audited) financial statements for past three years;

(b) Latest current financial statement;

(c) Current year's budget of revenues, expenses and capital expenditures.

(4) General:

(a) Pending or threatened litigation or administrative actions with potential of material adverse effect on applicant;

(b) Brief description of existing health care facilities, including number of beds, number of health care and other staff, categories of health care services offered, and laboratory and research facilities, if any;

(c) Describe means applicant proposes to use to ensure that savings from tax-exempt financing the estimated financial benefits resulting from financing its project through the authority, as opposed to obtaining financing other than through the authority, will be used for building, providing and utilization of modern, well-equipped and reasonably priced health care facilities in a manner that will minimize the capital costs of construction, financing and use thereof and thereby the costs to the public for the use of such facilities, and to contribute to improving the quality of health care;

(d) The application shall contain an appropriate legal commitment to indemnify the authority against any expenses or costs incurred by it in connection with the processing of the applicant's application and the completion of any project or plan and system subsequently approved and undertaken by the authority. (See WAC 247-16-040 regarding authority charges);

(e) The authority or the executive director may require the submission of additional information depending on factors such as the scope, size, and complexity of project;

(f) Application forms are available from the authority and are available on the authority website.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-030, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-030, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-030, filed 9/26/79.

Wash. Admin. Code § 247-16-040 Charges.

(1) Authorization to assess charges: The authority, pursuant to RCW 70.37.090, shall require applicants to pay charges to the authority to provide it with funds for investigations, financial feasibility studies, consultants, counsel, expenses of issuance and sale of bonds, and other charges for services provided by the authority in connection with projects undertaken, as well as the operating and administrative expenses of the authority.

(2) Annual charge: The authority shall assess an annual charge of one-tenth of one percent of the outstanding and unredeemed bonds of each applicant. The initial annual charge shall be paid to the authority on the date of closing of each note, lease or bond issue and on every anniversary date thereafter; provided, however, that the authority by an adopted motion may set a reduced schedule of charges and may waive all or any part of the annual charge.

(3) Application charge: An applicant shall submit with its application an initial charge of one-tenth of one percent of the requested borrowing up to a maximum of $7,500; provided, however, that the authority may by adopted motion waive all or any part of the application charge.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-040, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-040, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-040, filed 9/26/79.

Wash. Admin. Code § 247-16-050 Processing of application.

An application will be reviewed by the executive director and such authority staff as he or she determines for completeness and whether the applicant and the project meets the definitions of "health care facility," "participant," and "project" as those terms are used in chapter 70.37 RCW. Upon determination by authority staff that the application is complete and meets statutory definitions, the application shall be presented to the authority for appropriate action.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-050, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-050, filed 9/26/79.

Wash. Admin. Code § 247-16-060 Priorities regarding applicant funding.

The authority will process health care facility applications in the order of their date of receipt. The date of receipt shall be the date a completed application together with the application charge is received by the authority at its Olympia office.

The authority reserves the right to change priorities and scheduling when the authority determines that a "first come, first served" priority scheduling is detrimental to the sale of another health care facility's bond issue or otherwise not in the public interest.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-060, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-060, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-060, filed 9/26/79.

Wash. Admin. Code § 247-16-065 Authority acceptance of applications.

Upon determination by authority staff that the application is complete and that the project and applicant meet the statutory definitions for "health care facility," "participant," and "project," the authority shall meet to review and consider the staff review and recommendations regarding the application. The authority may accept, reject, or conditionally accept an application. Action regarding the application shall be determined based upon application completeness, and whether the proposed borrower and project are eligible for financing under chapter 70.37 RCW. Acceptance of the application begins the process of structuring the proposed bond issue and does not obligate the authority to issue bonds for the project or applicant.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-065, filed 5/1/24, effective 6/1/24.

Wash. Admin. Code § 247-16-070 Authority action on resolutions.

(1) The authority shall meet to review and consider the staff analysis and recommendations regarding the adoption of a resolution.

(2) The authority may adopt a resolution authorizing the issuance of bonds for the requested financing where it determines:

(a) The applicant may reasonably be expected to achieve successful completion of the health care facilities to be financed by the authority;

(b) The applicant and the project meet the definitions of "health care facility," "participant," and "project" as those terms are used in chapter 70.37 RCW;

(c) The proposed project and the issuance of bonds by the authority for such project are economically feasible and can be undertaken on terms economically satisfactory to the authority;

(d) The proposed project does not require a certificate of need, or such certificate of need has been received; and

(e) The participant has satisfied the authority that the estimated financial benefits resulting from financing its project with authority bonds, as opposed to obtaining financing other than through authority bonds, will be used for building, providing and utilization of modern, well equipped and reasonably priced health care facilities in a manner that will minimize the capital cost of construction, financing and use thereof and thereby the cost to the public for the use of such facilities, and will contribute to improving the quality of health care.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-070, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-070, filed 11/25/81. Statutory Authority: RCW 70.37.050. WSR 79-10-101 (Order 2, Resolution No. 79-3), § 247-16-070, filed 9/26/79.

Wash. Admin. Code § 247-16-090 Selection of investment banking firms as underwriters.

(1) The applicants may select an investment banking firm or firms as senior managing underwriter or co-senior managing underwriters for its proposed financing, subject to review and approval by the authority. In every instance, the senior manager selected must be able to demonstrate a familiarity, competence and experience in the structuring and sale of health care facility bonds. If the authority rejects the applicant's requested senior manager or co-senior managers, the applicant will then propose another senior manager or co-senior managers, subject to authority approval in the same manner.

(2) To provide balanced management knowledge and sale distribution and to assure the most favorable bond terms and interest, the authority reserves the right to name investment banking firms as co-managers of any authority bond issue(s). On issues of $20,000,000 or more, the authority may name a co-manager or co-managers. The authority will also review the division of the management fee and the allocation of bonds and the takedown.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-090, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-090, filed 11/25/81.

Wash. Admin. Code § 247-16-100 Feasibility studies and selection of a feasibility consultant.

(1) The authority may require the applicant to deliver a feasibility study on the project.

(2) The applicant may select management and accounting firms to conduct feasibility studies, subject to authority approval. The applicant shall not enter into any contractual agreement with a management or accounting firm until approval has been granted by the authority.

History

• Statutory Authority: Chapter 70.37 RCW. WSR 24-11-002, § 247-16-100, filed 5/1/24, effective 6/1/24. Statutory Authority: RCW 73.37.050 [ 70.37.050]. WSR 81-24-038 (Order 9, Resolution No. 81-1), § 247-16-100, filed 11/25/81.