900 KAR 6:020. Certificate of need application fee schedule.

 

      RELATES TO: KRS 216B.040(3)(c)

      STATUTORY AUTHORITY: KRS 216B.040(3)(c)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.040(3)(c) authorizes the Cabinet for Health and Family Services to establish, by administrative regulation, reasonable application fees for certificates of need. This administrative regulation establishes the fee schedule for certificate of need applications.

 

      Section 1. (1) Certificate of need applications which are submitted by an existing licensed healthcare facility or service that has met the emergency circumstances provision as provided in 900 KAR 6:080 and has received notice from the Office of Health Policy that an emergency exists, shall be assessed an application fee of $100.

      (2) Certificate of need applications not proposing a capital expenditure or proposing a capital expenditure of up to $200,000 shall be assessed an application fee of $1,000.

      (3) Certificate of need applications which propose a capital expenditure greater than $200,000 up to $5,000,000 shall be assessed an application fee of five-tenths (.5) percent of the capital expenditure and shall be computed to the nearest dollar.

      (4) Certificate of need applications which propose a capital expenditure greater than $5,000,000 shall be assessed an application fee of $25,000.

      (5) Certificate of need applications which propose to expand their existing diagnostic cardiac catheterization service to also provide primary (i.e. emergency) Percutaneous Coronary Intervention (PCI) services on a two (2) year trial basis or to provide comprehensive (diagnostic and therapeutic) cardiac catheterization services on a two (2) year trial basis shall be assessed an additional application fee of $10,000.

 

      Section 2. (1) Application fees shall be submitted with the application.

      (2) Applications shall not be deemed complete until the application fee has been paid.

      (3) Except as provided in subsection (4) of this section, application fees shall be refunded only if notice of withdrawal of the application is received by the cabinet within five (5) working days of the date the application is received by the Cabinet for Health and Family Services.

      (4) Application fees submitted pursuant to Section 1(5) of this administrative regulation shall be refunded if:

      (a) The certificate of need application is denied; and

      (b) All administrative remedies provided for in KRS 216B.085 are exhausted. (23 Ky.R. 2380; eff. 12-18-1996; 29 Ky.R. 1894, Am. 2290; eff. 3-19-2003; 32 Ky.R. 1786; eff. 6-2-2006; 36 Ky.R. 2256; 37 Ky.R. 736; eff. 9-15-2010.)