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Certificate of Need

The Kentucky certificate of need process prevents the proliferation of health care facilities, health services and major medical equipment that increase the cost of quality health care in the commonwealth.

Certificate of Need
275 E. Main St., 4W-E
Frankfort, KY 40621
Phone: 502-564-9592
Fax: 502-564-0302

For general questions or assistance, please call the number listed above or email the Office of Health Policy.

Office Hours:
Monday - Friday 8 a.m. - 4:30 p.m. Eastern time


The Office of Health Policy filed the following proposed regulation amendments with LRC on May 12, 2017:

900 KAR 6:125 Certificate of need annual surveys
This administrative regulation establishes requirements for submission of annual utilization survey data to the Office of Health Policy.  It is the Cabinet’s desire to eliminate the duplication of reporting by health care facilities.  A facility may not be required to complete the annual survey or a portion of the annual survey if the facility is currently submitting administrative claims data which could be used to generate annual utilization reports.  The amendment also deletes the incorporation by reference of the survey forms, allowing the Cabinet needed flexibility to revise forms as facilities are phased out of the annual survey process.  Chemical dependency treatment facilities are added to the list of licensed facilities to be surveyed.  Previously, the regulation required licensed acute care hospitals and psychiatric hospitals with chemical dependency beds to be surveyed but failed to include the four (4) licensed chemical dependency treatment facilities.

900 KAR 7:030 Data reporting by health care providers
This administrative regulation establishes the required data elements, forms, and timetables for submission of data to the cabinet and fines for noncompliance. The administrative regulation has been amended to allow for the collection of claims data for hospital swing beds, hospital nursing facility beds, and hospital distinct part unit rehab beds.  Primary and referring physician NPI numbers will also be collected from hospitals.   A revision was made to clarify that only the ambulatory facilities providing specific services shall be required to submit all their records. The hospital data manual, incorporated by reference in this administrative regulation, has been updated to revise the required data elements.

Kentucky Inpatient and Outpatient Data Coordinator’s Manual for Hospitals

900 KAR 7:040 Release of public data sets for health care discharge data
This administrative regulation establishes the guidelines for distribution and publication of data collected by the cabinet pursuant to 900 KAR 7:030, while maintaining patient confidentiality and further protecting personally identifying information.  The regulation has been revised to clarify that the encounter-level data shall be released in an electronic text file.  The listing of data elements to be included in the encounter-level data was also revised.  Language was added to state that a person or agency receiving the data shall not redistribute or sell a subset of the data or an aggregate product of the data. The “Agreement for Use of Kentucky Health Claims Data”, incorporated by reference in this regulation, has been revised to strengthen confidentiality requirements.

Agreement for Use of Kentucky Health Claims Data

A public hearing on these administrative regulations shall, if requested, be held on June 21, 2017 at 9:00 a.m. in Conference Suite B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky.  Individuals interested in attending this hearing shall notify this agency in writing by June 14, 2017, five (5) workdays prior to the hearing, of their intent to attend.  If no notification of intent to attend the hearing is received by that date, the hearing may be canceled.  The hearing is open to the public.  Any person who attends will be given an opportunity to comment on the proposed administrative regulation.  A transcript of the public hearing will not be made unless a written request for a transcript is made.  If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulations.  You may submit written comments regarding the proposed administrative regulations until June 30, 2017.  Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulations to:

CONTACT PERSON: Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, KY 40621,
Phone:  (502) 564-7905, Fax:  (502) 564-7573, email

Reference Materials

2017 Update to the 2015 - 2017 State Health Plan

Office of Health Policy Health Facility and Services Utilization Reports

State Health Plan Calculations for Home Health (Oct. 17, 2016)

State Health Plan Calculations for Hospice (Oct. 18, 2016)

State Health Plan Calculations for Long Term Care (Sept. 12, 2016)

CON Batching Cycle Timetable (January - June 2017 Public Notices)

CON Batching Cycle Timetable (July - Dec. 2017 Public Notices) 

CON Capital Expenditure Minimums Adjustment


Last Updated 5/17/2017