Revised Code of Washington

Wash. Rev. Code § 70.38.015 (2026)

Declaration of public policy

✓ current as of May 2026

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It is declared to be the public policy of this state:

(1) That strategic health planning efforts must be supported by appropriately tailored regulatory activities that can effectuate the goals and principles of the statewide health resources strategy developed pursuant to chapter 43.370 RCW. The implementation of the strategy can promote, maintain, and assure the health of all citizens in the state, provide accessible health services, health manpower, health facilities, and other resources while controlling increases in costs, and recognize prevention as a high priority in health programs. Involvement in health planning from both consumers and providers throughout the state should be encouraged;

(2) That the certificate of need program is a component of a health planning regulatory process that is consistent with the statewide health resources strategy and public policy goals that are clearly articulated and regularly updated;

(3) That the development and maintenance of adequate health care information, statistics and projections of need for health facilities and services is essential to effective health planning and resources development;

(4) That the development of nonregulatory approaches to health care cost containment should be considered, including the strengthening of price competition; and

(5) That health planning should be concerned with public health and health care financing, access, and quality, recognizing their close interrelationship and emphasizing cost control of health services, including cost-effectiveness and cost-benefit analysis.

[ 2007 c 259 s 55; 1989 1st ex.s. c 9 s 601; 1983 c 235 s 1; 1980 c 139 s 1; 1979 ex.s. c 161 s 1.]

Notes:

Subheadings not law—2007 c 259: See note following RCW 7.70.060.

Notes of Decisions

Cited in 24 cases (2 in the last 5 years), 1989–2023 · leading case: Overlake Hosp. Ass'n v. DEPT. OF HEALTH, 239 P.3d 1095 (Wash. 2010).

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Overlake Hosp. Ass'n v. DEPT. OF HEALTH, 239 P.3d 1095 (Wash. 2010). · cites it 4× “" RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

Yakima Valley Mem'l Hosp. v. Washington State Dep't of Health, 654 F.3d 919 (9th Cir. 2011). · cites it 2× “3d at 53 (noting that after 1986 “several states followed suit by repealing their certificate of need laws”).”

Providence Hosp. of Everett v. Dep't of Soc. & Health Servs., 770 P.2d 1040 (Wash. 1989). · cites it 3× “The public policy declared in RCW 70.38.015 includes: (1) health planning to provide accessible health services and facilities, while controlling excessive increases in costs; (2) health planning concerned with financing, access, and quality emphasizing cost control of health…”

Child.'s Hosp. & Med. Ctr. v. Dep't of Health, 975 P.2d 567 (Wash. Ct. App. 1999). · cites it 2× “015 provides: It is declared to be the public policy of this state: (1) That health planning to promote, maintain, and assure the health of all citizens in the state, to provide accessible health services, health manpower, health facilities, and other resources while controlling…”

Overlake Hosp. Ass'n v. Dep't of Health, 170 Wash. 2d 43 (Wash. 2010). · cites it 4× “” RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

Overlake Hosp. Ass'n v. Dep't of Health, 200 P.3d 248 (Wash. Ct. App. 2008). · cites it 3× “RCW 70.38.015(1). RCW 70.38.015(1) (emphasis added).”

Providence Physician Servs. Co. v. Dep't of Health, 384 P.3d 658 (Wash. Ct. App. 2016). · cites it 3× “Simply put, under PPSC’s theory, a hospital that sought to establish an ambulatory surgical facility could circumvent the CN requirement merely by creating another entity, which in effect would still be under the ownership and direction of the hospital.”

St. Joseph Hosp. & Health Care Ctr. v. Dep't of Health, 887 P.2d 891 (Wash. 1995). “They point to RCW 70.38.015: It is declared to be the public policy of this state: (1) That health planning to promote, maintain, and assure the health of all citizens in the state, to provide accessible health services, health manpower, health facilities, and other resources…”

Washington State Hosp. Ass'n v. Dep't of Health, 353 P.3d 1285 (Wash. 2015). “We acknowledge that the New Rule may further the purpose of the certificate of need program and that broad dictionary definitions of “sale” and “purchase” 1 support the department’s review of transactions beyond those that are described in the transactional documents as “sales,”…”

Odyssey Healthcare Operating B, LP v. Dep't of Health, 145 Wash. App. 131 (Wash. Ct. App. 2008). “” RCW 70.38.015(1); RCW 43.70.040. Under this authority, the Department requires a CON applicant to show, among other factors, that “[t]he population served or to be served has need for the project!,] and other services and facilities of the type .”

Providence Health & Servs.—Washington v. Dep't of Health, 378 P.3d 249 (Wash. Ct. App. 2016). · cites it 2× “WAC 246-310-210 (need), -220 (financial feasibility), -230 (structure and process of care), -240 (cost containment).”

Odyssey Healthcare Operating Blp v. State, Dept. of Health, 185 P.3d 652 (Wash. Ct. App. 2008). · cites it 2× “RCW 70.38.015(1); RCW 70.38.105(4)(a); WAC 246-310-020.”

Show all 24 citing cases →

— Wash. Rev. Code § 70.38.015(1) — 15 cases

Overlake Hosp. Ass'n v. DEPT. OF HEALTH, 239 P.3d 1095 (Wash. 2010). “" RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

Overlake Hosp. Ass'n v. Dep't of Health, 170 Wash. 2d 43 (Wash. 2010). “” RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

Overlake Hosp. Ass'n v. Dep't of Health, 200 P.3d 248 (Wash. Ct. App. 2008). “RCW 70.38.015(1). RCW 70.38.015(1) (emphasis added).”

Providence Physician Servs. Co. v. Dep't of Health, 384 P.3d 658 (Wash. Ct. App. 2016). “Simply put, under PPSC’s theory, a hospital that sought to establish an ambulatory surgical facility could circumvent the CN requirement merely by creating another entity, which in effect would still be under the ownership and direction of the hospital.”

— Wash. Rev. Code § 70.38.015(2) — 9 cases

Overlake Hosp. Ass'n v. DEPT. OF HEALTH, 239 P.3d 1095 (Wash. 2010). “" RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

Child.'s Hosp. & Med. Ctr. v. Dep't of Health, 975 P.2d 567 (Wash. Ct. App. 1999). “015 provides: It is declared to be the public policy of this state: (1) That health planning to promote, maintain, and assure the health of all citizens in the state, to provide accessible health services, health manpower, health facilities, and other resources while controlling…”

Providence Hosp. of Everett v. Dep't of Soc. & Health Servs., 770 P.2d 1040 (Wash. 1989). “The public policy declared in RCW 70.38.015 includes: (1) health planning to provide accessible health services and facilities, while controlling excessive increases in costs; (2) health planning concerned with financing, access, and quality emphasizing cost control of health…”

Overlake Hosp. Ass'n v. Dep't of Health, 200 P.3d 248 (Wash. Ct. App. 2008). “RCW 70.38.015(1). RCW 70.38.015(1) (emphasis added).”

Overlake Hosp. Ass'n v. Dep't of Health, 170 Wash. 2d 43 (Wash. 2010). “” RCW 70.38.015(1). Pursuant to RCW 70.38.105(1), the Department is authorized to administer the CN program.”

— Wash. Rev. Code § 70.38.015(3) — 1 case

RCCH Trios Health, LLC, V. Dep't of Health (Wash. Ct. App. 2023).

— Wash. Rev. Code § 70.38.015(6) — 1 case

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