Kentucky Administrative Regulations
Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES
Chapter 6 - Certificate of Need
Section 900 KAR 6:105 - Certificate of need advisory opinions
Universal Citation: 900 KY Admin Regs Service 6:105
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 216B.015, 216B.020, 216B.061, 216B.990
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. This administrative regulation establishes the policies for issuance of advisory opinions 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) "Days" means calendar days, unless
otherwise specified.
(4) "Public
notice" means notice given through:
(a) The
Web site of the Office of Inspector General, Division of Certificate of Need at
https://chfs.ky.gov/agencies/os/oig/dcn;
or
(b) The cabinet's Certificate of
Need Newsletter.
Section 2. Advisory Opinions.
(1) The
cabinet shall issue advisory opinions regarding matters related to certificate
of need on its own initiative or upon request from any person.
(2) A request for an advisory opinion shall
be filed with the cabinet on CON - Form 7, Request for Advisory Opinion, as
incorporated by reference in
900 KAR
6:055.
(3)
The cabinet may require verification of information and request additional
documentation at its discretion prior to issuing an advisory opinion.
(4) The cabinet shall issue a written
advisory opinion within thirty (30) days of receipt of a completed request for
an advisory opinion or of receipt of additional information, if
applicable.
(5) Public notice of
the advisory opinion shall be published in the monthly Certificate of Need
Newsletter following the issuance of the advisory opinion.
(6) An affected person may request a public
hearing regarding an advisory opinion in writing within thirty (30) days of the
public notice of the advisory opinion.
(7) The public hearing shall be held within
forty-five (45) days of the date of the filing of the request and shall be
conducted in accordance with the provisions of
900
KAR 6:090.
(8) The cabinet shall enter a final decision
regarding the advisory opinion within forty-five (45) days of the completion of
the public hearing.
(9) If a public
hearing is not requested, the advisory opinion shall be the final action of the
cabinet.
STATUTORY AUTHORITY: KRS 194A.030(1)(c) 4., 216B.040(2)(a)1
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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