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

Link to law: http://www.lrc.ky.gov/kar/900/006/020.htm
Published: 2015

      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.)
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