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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


2017 Annual Adjustment to the Expenditure Minimums

Pursuant to KRS 216B.130 and 900 KAR 6:030, the expenditure minimums have been adjusted.  See Reference Materials, CON Capital Expenditure Minimums Adjustment (July 1, 2017).

The Office of Health Policy filed the following proposed regulation amendment with LRC on July 13, 2017:

900 KAR 6:125 Certificate of need annual surveys (Amended After Comments) and Statement of Consideration
The amended after comments regulation will be on the agenda of the Administrative Regulation Review Subcommittee August 8, 2017.

900 KAR 5:020 State Health Plan for facilities and services

2017-2019 State Health Plan redline version

Proposed changes to the State Health Plan Include:

  • The Common Review Criteria were deleted.
  • Special Care Neonatal Beds criteria were revised to allow conversion between existing Level II and Level III NICU beds; to allow a hospital with 800 annual deliveries to establish a Level II program; and to delete the requirement that the Cabinet approve the collaborative agreement between Level II or Level III providers with the Level IV provider.
  • Nursing Facility criteria were revised to allow transfer/relocation of nursing facility beds within the same county, to a contiguous county, or to a county within the ADD; to delete the criterion regarding alleviation of an emergency circumstance; to allow for the establishment of nursing home beds for the provision of post-acute rehabilitation services; and to delete the requirement for a facility proposing to transfer beds to participate in the Cabinet’s National Background Check Programs.
  • Home Health Agency review criteria were revised to delete the exemption criterion for accountable care organizations (ACOs); and to delete the requirement for Home Health applicants to participate in the Cabinet’s National Background Check Program.
  • Cardiac Catheterization review criteria were revised to delete the criteria regarding the cardiac catheterization pilot program for therapeutic catheterization programs without open heart surgery backup; and to establish review criteria for therapeutic catheterization programs to project 200 annual procedures and 50 procedures per interventional cardiologist by the second year of operation.
  • The Private Duty Nursing Service definition was revised and the requirement for the applicant to participate in the Cabinet’s National Background Check Program was deleted.

A public hearing on 900 KAR 5:020 shall, if requested, be held on August 21, 2017, at 9:00 a.m. in Suites A & B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky, 40621.  Individuals interested in attending this hearing shall notify this agency in writing by August 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 be heard at the public hearing, you may submit written comments on this proposed administrative regulation until August 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation 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 (July 27, 2017)

State Health Plan Calculations for Hospice (July 27, 2017)

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 2017 - June 2018 Public Notices) 

CON Capital Expenditure Minimums Adjustment (July 2017)


Last Updated 8/17/2017