Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
216B.015
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216B.040(3)(a) authorizes
the Cabinet for Health and Family Services to issue administrative regulations
necessary for the proper administration of KRS Chapter 216B.This administrative
regulation establishes the requirements for submission of annual survey data to
the cabinet for publication of annual reports necessary for the orderly
administration of the Certificate of Need Program.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
216B.015(6).
(2) "Days" means calendar days, unless
otherwise specified.
(3) "Long term
care facility" means any entity with licensed long term care beds including
nursing facility, nursing home, intermediate care, Alzheimer's, intermediate
care facility for individuals with and intellectual disability, or personal
care.
(4) "Office of Inspector
General" means the office within the Cabinet for Health and Family Services
that is responsible for licensing health facilities and services.
(5) "Owner" means a person as defined in
KRS
216B.015(22) who is applying
for the certificate of need and will become the licensee of the proposed health
service or facility.
(6) "Year"
means a calendar year from January 1 through December 31.
Section 2. Entities Completing Surveys. If
requested by the cabinet, the following entities shall submit annual
utilization surveys:
(1) Licensed ambulatory
surgery center;
(2) Licensed
hospital performing ambulatory surgery services;
(3) Licensed home health agency;
(4) Licensed hospice;
(5) Licensed hospital;
(6) Licensed private duty nursing
agency;
(7) Licensed long term care
facility;
(8) Licensed facility or
service with MRI equipment;
(9)
Licensed facility with megavoltage radiation equipment;
(10) Licensed psychiatric residential
treatment facility;
(11) Licensed
facility or service with positron emission tomography equipment; and
(12) Licensed chemical dependency treatment
facility.
Section 3.
Annual Survey Submission. An annual survey, if requested by the cabinet, shall
be completed for the previous year and transmitted electronically by accessing
the Office of Inspector General's Web site at
https://www.chfs.ky.gov/agencies/os/oig/dcn/Pages/annualreports.aspx
Section 4. If requested by the cabinet, an
annual survey shall be completed and submitted no later than March 15th of each
year. If the 15th falls on a weekend or holiday, the submission due date shall
be the next working day.
Section 5.
Extensions for Survey Submission.
(1) A
request for an extension for submission of data shall be made in writing or via
email to the Office of Inspector General.
(2) The request for an extension shall state
the facility name, survey log-in identification number, contact person, contact
phone number, contact email address, and a detailed reason for the requested
extension.
(3) One (1) extension
per survey of up to ten (10) days shall be granted.
(4) An additional extension shall only be
granted if circumstances beyond the entity's control prevents timely completion
of a survey.
Section 6.
Data Corrections to Draft Annual Reports Utilizing Data Submitted in the Annual
Surveys.
(1)
(a) Prior to the release of a draft report to
a facility for its review, the Office of Inspector General shall review data
for completeness and accuracy.
(b)
If an error is identified, the facility shall be contacted by the Office of
Inspector General and allowed fourteen (14) days to make corrections.
(2)
(a) Prior to publication of the reports, the
Office of Inspector General shall publish draft reports available only to the
entities included in each individual report.
(b) Each facility shall be notified of a Web
site and provided with a login identification and password required to access
each applicable draft report and shall have fourteen (14) days to review the
data for errors.
(c) Corrections
shall be submitted in writing or via email to the Office of Inspector General
before the expiration of the fourteen (14) day review period.
(3)
(a) After publication of the reports, reports
shall not be revised as a result of data reported to the Office of Inspector
General incorrectly by the facility.
(b) Corrections received after the fourteen
(14) day review period shall not be reflected in the published
report.
(c) A facility may provide
a note in the comments section for the following year's report, referencing the
mistake from the previous year.
Section 7. Annual Reports.
(1) Utilizing data submitted in the annual
surveys, the Office of Inspector General shall publish reports
annually.
(2) Electronic copies of
annual reports may be obtained at no cost from the Office of Inspector
General's Web site at
https://www.chfs.ky.gov/agencies/os/oig/dcn/Pages/annualreports.aspx.
A paper copy may be obtained for a fee of twenty (20) dollars at the Cabinet
for Health and Family Services, Office of Inspector General275 East Main Street
5EA, Frankfort, Kentucky 40621.
Section 8. A facility that fails to complete
a required annual survey shall be referred to the Office of Inspector General
for further action which may impact the facility's license renewal as provided
for in 902 KAR 20:008, Section
2(14)(b)4.
STATUTORY AUTHORITY:
KRS
216B.040(3)(a)