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216B.095 Nonsubstantive review of application.
(1) An applicant may waive the procedures for formal review of an application for a
certificate of need and request a nonsubstantive review as provided below. The <br>cabinet may grant or deny nonsubstantive review status within ten (10) days of the <br>date the application is deemed completed and shall give notice to all affected <br>persons of the decision to conduct a nonsubstantive review. Any affected person <br>other than the applicant may request a hearing by filing a request with the cabinet <br>within ten (10) days of the notice to conduct a nonsubstantive review. As <br>applicable, hearings shall be conducted as provided in KRS 216B.085. Based solely <br>upon the record established with regard to the matter, the cabinet shall approve or <br>deny a certificate of need on all projects assigned nonsubstantive review status <br>within thirty-five (35) days of the determination of nonsubstantive review status. If <br>the application is denied nonsubstantive review status, it shall automatically be <br>placed in the formal review process.
(2) If a certificate of need is denied following a nonsubstantive review, the applicant
may request that the application be placed in the next cycle of the formal review <br>process. Nothing in this subsection shall require an applicant to pursue a formal <br>review before obtaining judicial review pursuant to KRS 216B.115.
(3) The cabinet may grant nonsubstantive review status to an application for a
certificate of need which is required: <br>(a) To change the location of a proposed health facility; <br>(b) To replace or relocate a licensed health facility, if there is no substantial
change in health services or substantial change in bed capacity;
(c) To replace or repair worn equipment if the worn equipment has been used by
the applicant in a health facility for five (5) years or more;
(d) For cost escalations; <br>(e) To establish an industrial ambulance service; or <br>(f) In other circumstances the cabinet by administrative regulation may prescribe.
(4) Notwithstanding any other provision to the contrary in this chapter, the cabinet may
approve a certificate of need for a project required for the purposes set out in <br>paragraphs (a) through (f) of subsection (3) of this section, unless it finds the facility <br>or service with respect to which the capital expenditure is proposed to be made is <br>not required; or to the extent the facility or services contemplated by the proposed <br>capital expenditure is addressed in the state health plan, the cabinet finds that the <br>capital expenditure is not consistent with the state health plan.
(5) The decision of the cabinet approving or denying a certificate of need pursuant to
this section shall be final for purposes of judicial appeal, unless the applicant <br>requests the application be placed in the formal review process. An approved <br>certificate shall be issued thirty (30) days after notice of the cabinet's decision, <br>unless a judicial appeal is taken and issuance is enjoined by the court.
(6) Notwithstanding any other provision of law, the cabinet shall not grant
nonsubstantive review status to a certificate of need application that indicates an <br>intent to apply for Medicaid certification of nursing home beds within a continuing
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care retirement community established under KRS 216B.015, 216B.020, 216B.330, <br>and 216B.332.
Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 264, sec. 4, effective July 14, 2000. -- Amended
1996 Ky. Acts ch. 371, sec. 53, effective July 15, 1996. -- Amended 1994 Ky. Acts <br>ch. 512, Part 7, sec. 39, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, <br>sec. 10, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 23, effective <br>July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 19, effective July 15, 1982. -- <br>Created 1980 Ky. Acts ch. 135, sec. 18, effective July 15, 1980.
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