RELATES TO: KRS 216B.010, 216B.062, 216B.990
STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 216B.040(2)(a)1, 216B.062(1)
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(5).
(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 Certificate of Need Web site at http://chfs.ky.gov/ohp/con.
(3) "Formal review" means the review of applications for Certificate of Need which are reviewed within ninety (90) days from the commencement of the review as provided by KRS 216B.062(1) and which are 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, skilled nursing beds, nursing facility beds, and Alzheimer nursing home beds.
(5) "Nonsubstantive review" is defined by KRS 216B.015(17).
(6) "Public information channels" means the Office of Communication and Administrative Review in the Cabinet for Health and Family Services.
(7) "Public notice" means notice given through:
(a) Public information channels; or
(b) The cabinet's Certificate of Need Newsletter.
Section 2. Timetable for Submission of Applications. (1) The cabinet's timetable for giving public notice for applications deemed complete for formal review and for applications granted nonsubstantive review status pursuant to KRS 216B.095(3)(f) and 900 KAR 6:075 shall be as established in this subsection:
(a) Public notice for organ transplantation, magnetic resonance imaging, megavoltage radiation equipment, cardiac catheterization, open heart surgery, positron emission tomography equipment, Level I psychiatric residential treatment facility (Level 1 PRTF), Level II psychiatric residential treatment facility (Level II PRTF), and new technological developments shall be provided on the third Thursday of the following months:
1. January; and
(b) Public notice for residential hospice facilities, hospice agencies, and home health agencies shall be provided on the third Thursday of the following months:
1. February; and
(c) Public notice for ground ambulance providers, private duty nursing services, mobile services, and rehabilitation agencies shall be provided on the third Thursday of the following months:
1. March; and
(d) Public notice for day health care programs, prescribed pediatric extended care facilities, and personal care beds shall be provided on the third Thursday of the following months:
1. April; and
(e) Public notice for long-term care beds, acute care hospitals 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 beds, limited services clinics, ambulatory care centers, freestanding ambulatory surgical centers, outpatient health care centers, and birthing centers shall be provided on the third Thursday of the following months:
1. May; and
(f) Public notice for intermediate care beds for mental retardation and developmentally disabled facilities shall be provided on the third Thursday of the following months:
1. June; and
(g) A proposal not included in paragraphs (a) through (f) 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) In order to have an application deemed complete and placed on public notice, an application 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. Initial applications filed more than eighty (80) days prior to the desired public notice shall be returned to the submitter with the prescribed fee set forth in 900 KAR 6:020.
Section 3. An application filed pursuant to KRS 216B.095(3)(a) through (e) may be filed at any time. (36 Ky.R. 232; Am. 804; eff. 10-21-2009; 2258; 37 Ky.R. 380; eff. 8-18-2010; 37 Ky.R. 380; 1572; eff. 5-6-2011; 39 Ky.R. 327; 805; eff.; 11-9-12.)