RELATES TO: KRS 216B.010-216B.130, 216B.330-216B.339, 216B.455, 216B.990
STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 216B.040(2)(a)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. This administrative regulation establishes the guidelines for alleviating an emergency circumstance 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)"Days" means calendar days, unless otherwise specified.
(4) "Emergency circumstance" means a situation that poses an imminent threat to the life, health, or safety of a citizen of the Commonwealth.
(5) "Office of Inspector General" means the office within the Cabinet for Health and Family Services that is responsible for licensing and regulatory functions of health facilities and services.
(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.
(8) "Service Area" means county unless otherwise specified in the state health plan.
(9) "State Health Plan" is defined by KRS 216B.015(27) and is incorporated by reference in 900 KAR 5:020.
Section 2. Emergency Circumstances. (1) If an emergency circumstance arises, a person may proceed to alleviate the emergency without first obtaining a certificate of need if:
(a) The person is licensed by the Office of the Inspector General or the Kentucky Board of Emergency Medical Services to provide the same or similar services necessary to alleviate the emergency;
(b) The Office of Health Policy is notified in writing within five (5) days of the commencement of the provision of the service required to alleviate the emergency; and
(c) The Office of Health Policy acknowledges in writing that it recognizes that an emergency does exist.
(2) The notice to the Office of Health Policy shall be accompanied by an affidavit and other documentation from the person proposing to provide emergency services that shall contain the following information:
(a) A detailed description of the emergency that shall include at least the following information:
1. A description of health care services that will be provided to the person or persons to whom the services will be provided, including proof of eligibility for the service;
2. A list of the providers in the service area licensed to provide the services that will be provided during the emergency; and
3. Proof that:
a. Other providers licensed in the service area to provide the service are aware of the need for the service to be provided to the person and have refused or are unable to provide the service; or
b. Circumstances exist under which the transfer of a patient to another provider licensed in the service area to provide the service would present an unacceptable risk to a patient's life, health, or safety;
(b) The steps taken to alleviate the emergency;
(c) The location or geographic service area where the emergency service is being provided; and
(d) The expected duration of the emergency.
(3) The Office of Health Policy may request additional information necessary to make its determination from the person proposing to provide emergency services before it acknowledges that an emergency circumstance does exist.
(4) If the provision of service to meet the emergency circumstance is required to continue beyond sixty (60) days from the date that the notice is filed with the cabinet, the person providing the emergency service shall file an OHP – Form 1, Letter of Intent and the appropriate application for a certificate of need, which are incorporated by reference in 900 KAR 6:055, for the next appropriate public notice pursuant to 900 KAR 6:060. Failure to submit a Letter of Intent and an application to the Office of Health Policy shall result in the rescission of the emergency acknowledgement and generate notification to the Office of Inspector General.
(5) The person providing the emergency service may continue to alleviate the emergency circumstances without a certificate of need until:
(a) The emergency circumstance ceases to exist; or
(b) The cabinet issues a final decision to approve or disapprove the application for certificate of need.
(6) The person providing the emergency service shall notify the Office of Health Policy within ten (10) days of the date the emergency circumstance ceases and emergency services are no longer required. (36 Ky.R. 241; Am. 810; eff. 10-21-2009; 38 Ky.R. 342; 923; eff. 11-16-11.)