Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
216B.015,
216B.040,
216B.062,
216B.095(3)(a)-(f)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216B.040(2)(a) 1 requires
the Cabinet for Health and Family Services to administer Kentucky's Certificate
of Need Program and to promulgate administrative regulations as necessary for
the program.
KRS
216B.062(1) and (2) require
the cabinet to promulgate administrative regulations to establish timetables
and batching groups for applications for certificates of need. This
administrative regulation establishes the timetable for submission of
application requirements necessary for the orderly administration of the
Certificate of Need Program.
Section 1.
Definitions.
(1) "Cabinet" is defined by
KRS
216B.015(6).
(2) "Certificate of Need Newsletter" means
the monthly newsletter that is published by the cabinet regarding certificate
of need matters and is available on the Office of Inspector General, Division
of Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn.
(3) "Formal review" means the review of an
application for certificate of need that is reviewed within ninety (90) days
from the commencement of the review as provided by
KRS
216B.062(1) and that is
reviewed for compliance with the review criteria set forth at
KRS
216B.040 and
900
KAR 6:070.
(4) "Long-term care beds" means nursing home
beds, intermediate care beds, nursing facility beds, and Alzheimer nursing home
beds.
(5) "Nonsubstantive review"
is defined by
KRS
216B.015(18).
Section 2. Timetable for
Submission of an Application for Formal Review.
(1) The cabinet's timetable for giving public
notice for an application deemed complete for formal review shall be as
established in this subsection.
(a) Public
notice for an application for organ transplantation, magnetic resonance
imaging, megavoltage radiation equipment, cardiac catheterization, open heart
surgery, positron emission tomography equipment, a Level I psychiatric
residential treatment facility (Level 1 PRTF), a Level II psychiatric
residential treatment facility (Level II PRTF), or a new technological
development shall be provided in the Certificate of Need Newsletter published
on the third Thursday of the following months:
1. January;
2. April;
3. July; and
4. October.
(b) Public notice for an application for
long-term care beds, intermediate care beds for individuals with an
intellectual disability, a residential hospice facility, a hospice service, a
private duty nursing service, or a home health agency shall be provided in the
Certificate of Need Newsletter published on the third Thursday of the following
months:
1. February;
2. May;
3. August; and
4. November.
(c) Public notice for an application for an
acute care hospital including all other State Health Plan covered services to
be provided within the proposed acute care hospital, acute care hospital beds,
psychiatric hospital beds, special care neonatal beds, comprehensive physical
rehabilitation beds, chemical dependency treatment beds, an ambulatory surgical
center, or a Class I, II, III, or IV ground ambulance service shall be provided
in the Certificate of Need Newsletter published on the third Thursday of the
following months:
1. March;
2. June;
3. September; and
4. December.
(d) A proposal not included in paragraphs (a)
through (c) of this subsection shall be placed in the cycle that the cabinet
determines to be most appropriate by placing it in the cycle with similar
services.
(2) An
application for formal review shall be filed with the cabinet at least fifty
(50) calendar days, but not more than eighty (80) calendar days, prior to the
date of the desired public notice. An initial application filed more than
eighty (80) days prior to the desired public notice shall be returned to the
applicant along with the fee submitted pursuant to
900 KAR
6:020.
Section 3. Timetable for Submission of an
Application for Nonsubstantive Review.
(1)
The cabinet shall give public notice for an application deemed complete and
granted nonsubstantive review status pursuant to
KRS
216B.095(3)(a) through (f)
in the Certificate of Need Newsletter published on the third Thursday of each
month.
(2) An application for
nonsubstantive review shall be filed with the cabinet at least fifty (50)
calendar days prior to the date of the desired public notice.
STATUTORY AUTHORITY:
KRS
194A.030(1)(c) 4.,
216B.040(2)(a)1, 216B.062(1), (2)
