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