The following grid shows how the sections within 900 KAR 6:050 have been incorporated into the new regulations.
| New Regulation Number and title |
Section from 900 KAR 6:050 |
| 900 KAR 6:055 – Certificate of Need forms. |
Section 29. |
| 900 KAR 6:060 – Timetable for submission of certificate of need applications. |
Section 4. |
| 900 KAR 6:065 – Certificate application process. |
Sections 2, 3, 5, 6, 9, 10, 11, 14, and 17. |
| 900 KAR 6:070 – Certificate of Need considerations for formal review |
Section 7. |
| 900 KAR 6:075 – Certificate of Need nonsubstantive review |
Section 8. |
| 900 KAR 6:080 – Certificate of Need emergency circumstances |
Section 12. |
| 900 KAR 6:085 – Transfers of Certificate of Need |
Section 13. |
| 900 KAR 6:090 – Certificate of need filing, hearing, and show cause hearing. |
Sections 15, 16, and 18. |
| 900 KAR 6:095 – Certificate of Need administrative escalations |
Section 19. |
| 900 KAR 6:100 – Certificate of Need standards for implementation, and biennial review |
Sections 20 and 21. |
| 900 KAR 6:105 – Certificate of Need advisory opinions |
Section 22. |
| 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 service |
Section 23 and 8. |
| 900 KAR 6:115 – Certificate of Need critical access hospitals, swing beds, and certification of continuing care retirement communities |
Sections 24, 25, and 26. |
| 900 KAR 6:120 Certificate of Need pilot projects |
Section 27. |
| 900 KAR 6:125 – Certificate of Need annual surveys, and registration requirements for new Magnetic Resonance Imaging units. |
Section 28. |
The following explains the changes and clarifications made within each new regulation.
900 KAR 6:055 – Certificate of Need forms - All forms have been standardized with like font, layout, titles, etc. Form 10 is now Form 10A and a new form 10B has been added for the notice of intent to acquire a health facility or health service. The requirement to report has not changed, but facilities now have a form to use to report. No change in policy.
900 KAR 6:060 – Timetable for submission of certificate of need applications – no changes.
900 KAR 6:065 – Certificate application process – added a reference to the authorizing statute. No change in policy.
900 KAR 6:070 – Certificate of Need considerations for formal review – added “criteria” to Section 2 (1)(b) to clarify that all criteria in the state health plan will be a consideration as well as inventories and need analysis figures. No change in policy.
900 KAR 6:075 – Certificate of Need nonsubstantive review – Removed what was formerly 900 KAR 6:050 Section 8 (2)(c) and Section 8 (3)(g). These sections were removed because the provisions have sunset and are no longer applicable. This regulation also includes a change to existing policy by allowing large nursing facilities to transfer a portion of their long-term care beds to another facility or proposed facility.
900 KAR 6:080 – Certificate of Need emergency circumstances – Added a definition for service area and state health plan and changed the reverence from “county” to “service area”. Provided clarification that failure to submit an application for CON will result in the rescinding of the emergency acknowledgement and generate notification to the office of Inspector General. No change in policy.
900 KAR 6:085 – Transfers of Certificate of Need – no changes.
900 KAR 6:090 – Certificate of need filing, hearing, and show cause hearing – “Days” is now defined as calendar days (no longer references “working days”). Removed what was formerly 900 KAR 6:050 Section 15(3) which stated “Failure to file documents in accordance with the schedule and manner provided in subsections (1) and (2) of this section shall result in the materials being returned to the sender and the cabinet shall not take additional action until the material is properly resubmitted” to allow the cabinet the option to destroy the documents to avoid the expense of returning documents to the applicant. No change in policy.
900 KAR 6:095 – Certificate of Need administrative escalations – added a reference to the authorizing statute. No change in policy.
900 KAR 6:100 – Certificate of Need standards for implementation, and biennial review – Section previously titled “Timetables and standards for implementation” changed to “Standards for implementation” so it will not be confused with 900 KAR 6:060 – Timetable for submission of certificate of need applications. No change in policy.
900 KAR 6:105 – Certificate of Need advisory opinions – no changes.
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 service – Added a specific form number to be used to notify of the addition or establishment of a health service. Added language, timeframes, and a specific form number to be used by facilities to notify of the reduction or termination of a health service, or the reduction of bed capacity. Added language, timeframes, and a specific form number to be used to notify of intent to acquire a health facility or health service. No change in policy.
900 KAR 6:115 – Certificate of Need critical access hospitals, swing beds, and certification of continuing care retirement communities – no changes.
900 KAR 6:120 Certificate of Need pilot projects – “coronary artery bypass surgery” was clarified to state “coronary artery bypass graft surgery”. No change in policy.
900 KAR 6:125 – Certificate of Need annual surveys, and registration requirements for new Magnetic Resonance Imaging units.– 900 KAR 7:050 Section 28 addressed reporting requirements for magnetic resonance imaging units utilized in the Commonwealth. This regulation added language about the requirements for entities to submit annual surveys. This requirement and policy are not new, but are now included in this regulation.