Wash. Rev. Code » Title 70 · Chapter 70.38
Revised Code of Washington

Wash. Rev. Code § 70.38.128 (2026)

✓ current as of May 2026
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To promote the stability of Washington's cardiac care delivery system, by July 1, 2008, the department of health shall adopt rules establishing criteria for the issuance of a certificate of need under this chapter for the performance of elective percutaneous coronary interventions at hospitals that do not otherwise provide on-site cardiac surgery.
Prior to initiating rule making, the department shall contract for an independent evidence-based review of the circumstances under which elective percutaneous coronary interventions should be allowed in Washington at hospitals that do not otherwise provide on-site cardiac surgery. The review shall address, at a minimum, factors related to access to care, patient safety, quality outcomes, costs, and the stability of Washington's cardiac care delivery system and of existing cardiac care providers, and ensure that elective coronary intervention volumes at the University of Washington academic medical center are maintained at levels required for training of cardiologists consistent with applicable accreditation requirements. The department shall consider the results of this review, and any associated recommendations, in adopting these rules.
[ 2007 c 440 s 1.]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2023 · leading case: Yakima Valley Mem'l Hosp. v. Washington State Dep't of Health, 654 F.3d 919 (9th Cir. 2011).
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Yakima Valley Mem'l Hosp. v. Washington State Dep't of Health, 654 F.3d 919 (9th Cir. 2011). · cites it 2× “See Wash. Rev.Code § 70.38.128. The Department responded in 2008 by promulgating the PCI regulations Memorial now challenges.”
RCCH Trios Health, LLC, V. Dep't of Health (Wash. Ct. App. 2023). “RCW 70.38.128. DOH adopted such rules in WAC 246-310-700, et seq.”
Swedish Health Servs., App. v. Dept. Of Health Of The State Of Wa., Res., 358 P.3d 1243 (Wash. Ct. App. 2015). “¶14 Under RCW 70.38.128, the Department must promulgate “rules establishing criteria for the issuance of a certificate of need under this chapter for the performance of elective [PCIs] at hospitals that do not otherwise provide on-site cardiac surgery.”
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