900 KAR 6:110. Certificate of Need notification of the addition
or establishment of a health service, or notification of the reduction or
termination of a health service, or reduction of bed capacity, or notice of intent
to acquire a health facility or health service.
RELATES TO: KRS 216B.061, 216B.065, 216B.066,
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 notification requirements by facilities of the
addition or establishment of a health service, and the notification
requirements by facilities of the reduction or termination of a health service
or bed capacity, and the notification requirements by facilities of the intent
to acquire a health facility for health service.
Section 1. Definitions. (1) "Cabinet"
is defined by KRS 216B.015(5).
(2) "Days" means calendar days,
unless otherwise specified.
Section 2. Notification of the Addition
or Establishment of a Health Service. (1) A health facility shall submit a
completed OHP - Form 10A, incorporated by reference in 900 KAR 6:055, to notify
the cabinet that a service or equipment has been added.
(2) The notification shall be submitted
within ten (10) days of the date the facility:
(a) Makes an addition to an existing
health service (including adding respite beds in intermediate care facilities
for individuals with an intellectual disability) for which there is review criteria
in the State Health Plan, but for which a certificate of need is not required;
or
(b) Adds equipment for which there is a
review criteria in the State Health Plan, but for which a certificate of need
is not required.
Section 3. Notification of the Reduction
or Termination of a Health Service or Bed Capacity. A health facility shall
submit a completed OHP - Form 10B, incorporated by reference in 900 KAR 6:055,
to notify the cabinet of the reduction or termination of a health service, or reduction
of bed capacity within thirty (30) days prior to the reduction or termination.
Section 4. Notification of the Intent to
Acquire a Health Facility or Health Service. A health facility shall submit a
completed OHP - Form 9, Notice of Intent to Acquire a Health Facility or Health
Service, incorporated by reference in 900 KAR 6:055, to notify the cabinet of
the acquisition of a health facility or health service at least thirty (30)
days prior to the acquisition. (36 Ky.R. 254; Am. 817; eff. 10-21-2009; TAm
eff. 12-16-2013.)