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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 Statement of Consideration and regulation (amended after comments) with LRC on October 13, 2017:

900 KAR 5:020 State Health Plan for facilities and services Statement of Consideration and Amended After Comments

2017-2019 State Health Plan Incorporated By Reference

The substantive changes to the State Health Plan include:

  • The edition date was changed from July to October;
  • The review criteria for special care neonatal beds was changed to allow a hospital with 700, rather than 800, births to establish a Level II program; to allow conversion between existing Level II and Level III NICU beds; and, to delete the requirement that the Cabinet approve the collaborative agreement between Level II or Level III providers with a Level IV provider.
  • The nursing facility review criteria was revised to establish a pilot program, to be known as the Post-Acute Transitional Care Pilot Program, for the purpose of addressing Kentucky’s high hospital readmission rates, and allow for the approval of up to four (4) applications, two (2) in rural locations and two (2) in a urban location per federal designation, to establish nursing facility beds, notwithstanding the State Health Plan need calculation, dedicated to post-acute rehabilitation services upon demonstration that the annual average length of stay  will be twenty-one (21) days or less, the proposed services will reduce hospital readmission rates, the patients will be discharged to the home or community setting, and the provider will submit data tracking quality metrics to the Cabinet.
  • The review criteria for home health agencies was amended to change the criterion for an application by a licensed Kentucky acute care hospital or critical access hospital proposing to establish a home health service with a service area no larger than the county in which the hospital is located and contiguous counties.  For those applications, the criterion will require the hospital to document, in the last twelve (12) months, the inability to obtain timely discharge for patients who reside in the county of the hospital or a contiguous county and who require home health services at the time of discharge, rather than documenting that the hospital is performing “no different than” or “better than” specified national benchmarks;
  • The provisions for private duty nursing were amended to define “private duty nursing agency” and “private duty nursing service”, and to change references from “service” to “agency” as appropriate; and
  • Several nonsubstantive changes were made throughout the State Health Plan for grammatical correctness, to use the same forms of expression and numbering format throughout the Plan, to correct typographical errors, and to comply with the drafting requirements of KRS Chapter 13A.

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).

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 (Oct. 4, 2017)

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 12/6/2017