CABINET FOR HEALTH AND
FAMILY SERVICES
Office of Health Policy
(As Amended at ARRS,
November 10, 2015)
900 KAR 6:055. Certificate of need forms.
RELATES TO: KRS 216B.015[216B.010-216B.130,
216B.330-216B.339, 216B.455, 216B.990]
STATUTORY AUTHORITY: KRS[194A.030,
194A.050,] 216B.040(2)(a)1[, 216B.330]
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 forms necessary for the orderly administration of
the Certificate of Need Program.
Section 1. Definitions. (1)
"Administrative escalation" means an approval from the cabinet to
increase the capital expenditure authorized on a previously issued certificate
of need.
(2) "Cabinet" is defined by KRS
216B.015(6)[(5)].
Section 2. Forms. (1) OHP - Form 1, Letter
of Intent, shall be filed by an applicant[all applicants] for a certificate
of need pursuant to the requirements established in 900 KAR 6:065.
(2) OHP - Form 2A, Certificate of Need
Application, shall be filed by an applicant[applicants] for a certificate
of need unless the application is for[other than] ground
ambulance services,[providers or] change of location,
replacement,[or] cost escalation, or acquisition.
(3) OHP - Form 2B, Certificate of Need
Application For Ground Ambulance Service, shall be filed by an applicant[applicants]
for a certificate of need for a ground ambulance service[providers].
(4) OHP - Form 2C, Certificate of Need
Application For Change of Location, Replacement, Cost Escalation, or
Acquisition, shall be filed by an applicant[applicants] for a certificate
of need for change of location, replacement, cost escalation, or
acquisition.
(5) OHP - Form 3, Notice of Appearance,
shall be filed by a person who wishes[persons that wish] to
appear at a hearing.
(6) OHP - Form 4, Witness List, shall be
filed by a person who elects [persons that elect] to call a
witness[witnesses] at a hearing.
(7) OHP - Form 5, Exhibit List, shall be
filed by a person who elects[persons that elect] to introduce
evidence at a hearing.
(8) OHP - Form 6, Cost Escalation Form,
shall be filed by a facility[facilities] that elects[elect]
to request an administrative escalation.
(9) OHP - Form 7, Request for Advisory
Opinion, shall be filed by anyone electing to request an advisory opinion.
(10) OHP - Form 8, Certificate of Need Six
Month Progress Report, shall be filed by a holder of a certificate of need
whose project is not fully implemented.
(11) OHP - Form 9, Notice of Intent to
Acquire a Health Facility or Health Service, shall be submitted by a person
proposing to acquire an existing licensed health facility or service.
(12) OHP - Form 10A, Notice of Addition
or Establishment of a Health Service or Equipment, shall be filed by any health
facility that[which] adds equipment or makes an
addition to a health service for which there are review criteria in the State
Health Plan but for which a certificate of need is not required.
(13) OHP – Form 10B, Notice of
Termination or Reduction of a Health Service or Reduction of Bed Capacity,
shall be filed by a health facility that[which]
reduces or terminates a health service[,] or reduces bed capacity.
(14) OHP - Form 11, Application for
Certificate of Compliance for a Continuing Care Retirement Community (CCRC),
shall be filed by a facility to obtain a certificate of compliance as a
continuing care retirement community.
Section 3. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "OHP - Form 1, Letter of
Intent", 05/2009;
(b) "OHP - Form 2A, Certificate of
Need Application", 07/2015 [05/2009];
(c) "OHP - Form 2B, Certificate of
Need Application For Ground Ambulance Service[Providers]",
05/2009;
(d) "OHP - Form 2C, Certificate of
Need Application For Change of Location, Replacement, Cost Escalation, or
Acquisition ", 05/2009;
(e) "OHP - Form 3, Notice of
Appearance", 10/2015[05/2009];
(f) "OHP - Form 4, Witness
List", 10/2015[05/2009];
(g) "OHP - Form 5, Exhibit
List", 10/2015[05/2009];
(h) "OHP - Form 6, Cost Escalation
Form", 05/2009;
(i) "OHP - Form 7, Request for
Advisory Opinion", 05/2009;
(j) "OHP - Form 8, Certificate of
Need Six Month Progress Report", 07/2015[05/2009];
(k) "OHP - Form 9, Notice of Intent
to Acquire a Health Facility or Health Service", 07/2015[05/2009];
(l) "OHP - Form 10A, Notice of
Addition or Establishment of a Health Service or Equipment", 05/2009;
(m) "OHP - Form 10B, Notice of
Termination or Reduction of a Health Service or Reduction of Bed
Capacity", 07/2015[05/2009]; and
(n) "OHP - Form 11, Application for
Certificate of Compliance for a Continuing Care Retirement Community
(CCRC)", 05/2009.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Cabinet for
Health and Family Services, Office of Health Policy, 275 East Main Street 4WE,
Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
ERIC FRIEDLANDER, Acting Executive Director
AUDREY TAYSE HAYNES, Secretary
APPROVED BY AGENCY: October 8, 2015
FILED WITH LRC: October 14, 2015 at 1
p.m.
CONTACT PERSON: Tricia Orme, Office of
Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone 502-564-7905,
fax 502-564-7573, email tricia.orme@ky.gov.