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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.

Diona G. Mullins, Executive Advisor
Office of Health Policy
275 E. Main St., 4W-E
Frankfort, KY 40621
Phone: 502-564-9592
Fax: 502-564-0302

Announcements

The Statement of Consideration and Amended After Comments 900 KAR 5:020 were filed January 12, 2017:

900 KAR 5:020 (Amended After Comments) and Statement of Consideration

Amended After Comments State Health Plan (red-line version)

Regulations

The following CON regulation amendments were filed with LRC in December 2016: 

900 KAR 6:060 Timetable for submission of certificate of need applications
The amendment, filed December 14, 2016, modifies the batching cycle for formal review CON applications allowing applications to be batched quarterly instead of semi-annually.

900 KAR 6:065 Certificate of need process
The amendment, filed December 14, 2016, streamlines the CON process by deleting the requirement for a letter of intent to be on file one month before a formal CON application can be filed.

900 KAR 6:095 Certificate of need administrative escalations
The amendment, filed December 14, 2016, simplifies the requirements necessary for an administrative escalation.  An escalation of $100,000 will continue to be allowed if the capital expenditure authorized by the certificate of need or a previously approved administrative escalation is less than $500,000; and a twenty-five (25) percent escalation is proposed if the capital expenditure authorized by the certificate of need or a previously approved administrative escalation is $500,000 or more.   The proposed administrative regulation revision will allow projects with higher escalations to now qualify for administrative escalations instead of having to submit a CON application for the escalation.

900 KAR 6:055 Certificate of need forms
The amendment, filed December 15, 2016, deletes OHP-Form 1, Letter of Intent (per the proposed amendment to 900 KAR 6:065) and revises OHP-Form 6 Cost Escalation Form (per the proposed amendment to 900 KAR 6:095). Please do not use revised Form 6 until adoption of the regulation amendment.   

A public hearing on 900 KAR 6:060, 6:065, 6:096 and 6:055 shall, if requested, be held on January 23, 2017 at 9:00 a.m. in Auditorium A, 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 January 13, 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 cancelled.  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 regulation.  You may submit written comments regarding this proposed administrative regulation through   January 31, 2017.  Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:  Tricia Orme, Administrative Specialist, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, KY  40601, phone  502-564-7905, fax:  502-564-7573, email.

Reference Materials

2016 Update to the 2015 - 2017 State Health Plan (September 2016)

Office of Health Policy Health Facility and Services Utilization Reports

State Health Plan Calculations for Home Health (October 17, 2016)

State Health Plan Calculations for Hospice (October 18, 2016)

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

Batching Cycle/Timetable 

CON Capital Expenditure Minimums Adjustment

 

Last Updated 1/13/2017