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​April 13, 2021

The Office of Inspector General filed the following regulatory amendments with the Legislative Research Commission (LRC) on Jan. 6, 2021. The amendments are published on the LRC website.

  • 900 KAR 6:030 Certificate of need expenditure minimums
  • 900 KAR 6:055 Certificate of need forms    
  • 900 KAR 6:060 Timetable for submission of certificate of need applications
  • 900 KAR 6:065 Certificate of need application process
  • 900 KAR 6:080 Certificate of need emergency circumstances
  • 900 KAR 6:090 Certificate of need filing, hearing, and show cause hearing
  • 900 KAR 6:095 Certificate of need administrative escalations
  • 900 KAR 6:100 Certificate of need standards for implementation and biennial review
  • 900 KAR 6:105 Certificate of need advisory opinions
  • 900 KAR 6:110 Certificate of need notification of addition, establishment, reduction or termination or a health service, reduction of bed capacity or intent to acquire a health facility or health service
  • 900 KAR 6:115 Certificate of need requirement for critical access hospitals, swing beds and continuing care retirement communities

Proposed changes to the regulation include the following:

  • Deletes references to the Office of Health Policy, which no longer exists;
  • Updates website addresses and deletes outdated language;
  • Removes the requirement for physical filing of an original and one copy of a CON application to allow applications to be filed electronically;
  • Allows an opportunity to respond to a motion to show cause;
  • Requires a new form for acute care hospitals that relocate beds to another facility under common ownership in the same area development district or redistribute beds among existing licensed categories in the same hospital;
  • Allows CON applications to be filed electronically;

Written comments regarding 900 KAR 6:055 and 900 KAR 6:110, were received and the regulations were amended in response. The amended-after-comments versions and statements of consideration were filed with LRC on April 13, 2021. 

Oct. 13, 2020

The Office of Inspector General filed emergency and ordinary amendments to the following administrative regulations with the Legislative Research Commission on Oct. 13, 2020. Amendments are published on the LRC website. A public hearing was not requested. Written comments were received and the regulations were amended in response. The amended-after-comments versions and statements of consideration were filed with LRC Feb. 11, 2021.

902 KAR 20:160 Chemical dependency treatment services and facility specifications. The amendment updates terminology and requires reliance on the Diagnostic and Statistical Manual of Mental Disorders and dimensional criteria for services in the most recent version of The American Society of Addiction Medicine Criteria. It also allows most services to be provided via telehealth; removes the requirement for crisis intervention to be provided on-site at the program’s facility; clarifies the number of hours per week intensive outpatient services may be provided to adolescents; adds service planning and medication-assisted treatment as services that may be provided by a chemical dependency treatment program. 

902 KAR 20:440 Facilities specifications, operation and services; residential crisis stabilization units.
The amendment allows a crisis stabilization unit to serve 16 rather than 12 clients who require overnight stays; deletes the prohibition against co-locating a residential alcohol and other drug treatment entity and a residential crisis stabilization program on the same campus; updates definitions.

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