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​​Feb. 22, 2022

900 KAR 14:010

As authorized by SB 100 during the 2022 legislative session, this new emergency administrative regulation establishes guidelines to implement essential personal care visitor programs in assisted living communities, long-term care facilities and state-owned or -operated psychiatric hospitals during periods when general visitation is limited or prohibited.

April 19, 2022

900 KAR 5:020E

This emergency amended-after-comments regulation updates the State Health Plan to increase access to diagnostic cardiac catheterization procedures and Level III neonatal intensive care beds and grants nonsubstantive review status to certificate of need applications submitted by licensed health facilities: (1) seeking to establish a Class I ground ambulance service for transport of patients of the facility or a health facility under common ownership if the applicant agrees to certain restrictions on its proposed certificate of need and ground ambulance license; or (2) seeking to transfer acute care beds to a new facility in the same county if certain criteria are met.

900 KAR 6:075E

This emergency amended-after-comments regulation adds industrial ambulance services to the list of categories subject to nonsubstantive review under Section 2(3) and clarifies that proposals from licensed entities under Section 2(3)(e) will not be limited to nonemergency transportation services only. Additionally, the regulation updates the language of Section 2(3)(e) [renumbered as (f)] as it relates to using the most recent quality indicators on CMS Hospital Compare as a criterion for granting nonsubstantive review status to certificate of need applications for acute care hospitals that wish to transfer existing acute care beds to a new facility under common ownership located in the same county and adds quality measures state university teaching hospitals must meet to qualify for nonsubstantive review of an application to transfer acute care beds. This emergency regulation will permit a Program of All-Inclusive Care for the Elderly (PACE) applicant that has not already obtained certificate of need (CON) approval to provide services such as home health, adult day care or other service subject to CON to seek approval under nonsubstantive review in Section 2(3)(g).

​Dec. 28,2021

902 KAR 20:016
This amendment is required by KRS 216B.153, a new law that directs the Cabinet to issue administrative regulations requiring health facilities using energy-generating devices to use a smoke evacuation system during any surgical procedure likely to produce surgical smoke. The amendment also updates Section 4(1)(b)2. to align with federal guidelines that do not require Medicaid or other non-Medicare patients to be under the care of a doctor of medicine or osteopathy if the patient is admitted by a certified nurse midwife and deletes an outdated reporting requirement from Section 7.

902 KAR 20:106
This amendment is required by KRS 216B.153, a new law that directs the Cabinet to issue administrative regulations requiring health facilities using energy-generating devices to use a smoke evacuation system during any surgical procedure likely to produce surgical smoke.

906 KAR 1:110
This amendment is required by KRS 216B.153, a new law that directs the Cabinet to issue administrative regulations requiring health facilities using energy-generating devices to use a smoke evacuation system during any surgical procedure likely to produce surgical smoke.

​​​Dec. 16, 2021

902 KAR 20:018 (ESRD)

Aligns with revisions to the Centers for Medicare and Medicaid Services State Operations Manual allowing Medicare-certified ESRD facilities to provide dialysis services to long-term care residents in Medicare-certified nursing facilities.​

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