The department may grant a kidney disease treatment center an exemption to exceed its authorized number of dialysis stations during a temporary emergency situation.

(1) In addition to the temporary emergency situations identified in RCW 70.38.280(2), the following are defined as temporary emergency situations:

(a) Any state or federal emergency declaration issued by a state or federal entity that has a direct impact on availability, operations, or patient access to kidney dialysis services in Washington state; and

(b) Any other temporary emergency situations that in the department's discretion constitute a "temporary emergency situation."

(2) For purposes of RCW 70.38.280 (2)(d), the following definitions apply:

(a) "Staffing shortage" means that kidney disease treatment center does not have sufficient staff to safely provide treatment.

(b) "Reconfiguration" means the addition of dialysis stations to facilitate the delivery of dialysis services, provided the center does not exceed the number of patients served at the time of the exemption request.

(3) In order to be granted a temporary emergency situation exemption, a kidney disease treatment center must make a written request to the department consistent with RCW 70.38.280(3). In addition to the information required in RCW 70.38.280(3), the following information is required:

(a) A specific description of the actions the kidney disease treatment center will take to address the temporary emergency situation;

(b) For temporary emergency situations other than those caused by staffing shortages, identify each center expected to be affected by the temporary emergency situation. Kidney disease treatment centers expected to be affected by the temporary emergency situation includes the center requesting temporary emergency stations and any center that suspends operations due to circumstances that qualify as a temporary emergency situation;

(c) The number of stations the center intends to add during the duration of the temporary emergency situation;

(d) The number of shifts the center proposes to operate during the duration of the temporary emergency situation; and

(e) Whether a capital expenditure will be made to remedy the temporary emergency situation.

(4) A kidney disease treatment center may submit a temporary emergency situation exemption request at any time and is not subject to the concurrent review cycles for kidney disease treatment centers in WAC 246-310-806.

(5) A kidney disease treatment center's certificate of need shall remain in full effect even if the center is required to suspend operations, in part or in its entirety, only if partial or full facility closure is due to circumstances that qualify under WAC 246-310-825(1) and the department approves a temporary emergency situation exemption request. The center may restore its full approved stations once the temporary emergency has ended without having to reapply for certificate of need approval.