2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.020 Certificate of need -- Exemptions -- Requirements for issuance of certificate of need.
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216B.020 Certificate of need -- Exemptions -- Requirements for issuance of
certificate of need.
(1)
(2)
The provisions of this chapter that relate to the issuance of a certificate of need
shall not apply to abortion facilities as defined in KRS 216B.015; any hospital
which does not charge its patients for hospital services and does not seek or
accept Medicare, Medicaid, or other financial support from the federal
government or any state government; assisted living residences; family care
homes; state veterans' nursing homes; services provided on a contractual
basis in a rural primary-care hospital as provided under KRS 216.380;
community mental health centers for services as defined in KRS Chapter 210;
primary care centers; rural health clinics; private duty nursing services licensed
as nursing pools; group homes; end stage renal disease dialysis facilities,
freestanding or hospital based; swing beds; special clinics, including but not
limited to wellness, weight loss, family planning, disability determination,
speech and hearing, counseling, pulmonary care, and other clinics which only
provide diagnostic services with equipment not exceeding the major medical
equipment cost threshold and for which there are no review criteria in the state
health plan; nonclinically related expenditures; nursing home beds that shall be
exclusively limited to on-campus residents of a certified continuing care
retirement community; home health services provided by a continuing care
retirement community to its on-campus residents; the relocation of hospital
administrative or outpatient services into medical office buildings which are on
or contiguous to the premises of the hospital; residential hospice facilities
established by licensed hospice programs; or the following health services
provided on site in an existing health facility when the cost is less than six
hundred thousand dollars ($600,000) and the services are in place by
December 30, 1991: psychiatric care where chemical dependency services are
provided, level one (1) and level two (2) of neonatal care, cardiac
catheterization, and open heart surgery where cardiac catheterization services
are in place as of July 15, 1990. The provisions of this section shall not apply to
nursing homes, personal care homes, intermediate care facilities, and family
care homes; or nonconforming ambulance services as defined by
administrative regulation. These listed facilities or services shall be subject to
licensure, when applicable.
Nothing in this chapter shall be construed to authorize the licensure,
supervision, regulation, or control in any manner of:
(a) Private offices and clinics of physicians, dentists, and other practitioners
of the healing arts, except any physician's office that meets the criteria set
forth in KRS 216B.015(5) or that meets the definition of an ambulatory
surgical center as set out in KRS 216B.015;
(b) Office buildings built by or on behalf of a health facility for the exclusive
use of physicians, dentists, and other practitioners of the healing arts;
unless the physician's office meets the criteria set forth in KRS
216B.015(5), or unless the physician's office is also an abortion facility as
defined in KRS 216B.015, except no capital expenditure or expenses
relating to any such building shall be chargeable to or reimbursable as a
cost for providing inpatient services offered by a health facility;
(c)
(3)
(4)
(5)
(6)
(7)
Dispensaries and first-aid stations located within business or industrial
establishments maintained solely for the use of employees, if the facility
does not contain inpatient or resident beds for patients or employees who
generally remain in the facility for more than twenty-four (24) hours;
(d) Establishments, such as motels, hotels, and boarding houses, which
provide domiciliary and auxiliary commercial services, but do not provide
any health related services and boarding houses which are operated by
persons contracting with the United States Veterans Administration for
boarding services;
(e) The remedial care or treatment of residents or patients in any home or
institution conducted only for those who rely solely upon treatment by
prayer or spiritual means in accordance with the creed or tenets of any
recognized church or religious denomination and recognized by that
church or denomination; and
(f) On-duty police and fire department personnel assisting in emergency
situations by providing first aid or transportation when regular emergency
units licensed to provide first aid or transportation are unable to arrive at
the scene of an emergency situation within a reasonable time.
An existing facility licensed as skilled nursing, intermediate care, or nursing
home shall notify the cabinet of its intent to change to a nursing facility as
defined in Public Law 100-203. A certificate of need shall not be required for
conversion of skilled nursing, intermediate care, or nursing home to the nursing
facility licensure category.
Notwithstanding any other provision of law to the contrary, dual-license acute
care beds licensed as of December 31, 1995, and those with a licensure
application filed and in process prior to February 10, 1996, may be converted
to nursing facility beds by December 31, 1996, without applying for a certificate
of need. Any dual-license acute care beds not converted to nursing facility
beds by December 31, 1996, shall, as of January 1, 1997, be converted to
licensed acute care beds.
Notwithstanding any other provision of law to the contrary, no dual-license
acute care beds or acute care nursing home beds that have been converted to
nursing facility beds pursuant to the provisions of subsection (3) of this section
may be certified as Medicaid eligible after December 31, 1995, without the
written authorization of the secretary.
Notwithstanding any other provision of law to the contrary, total dual-license
acute care beds shall be limited to those licensed as of December 31, 1995,
and those with a licensure application filed and in process prior to February 10,
1996. No acute care hospital may obtain a new dual license for acute care
beds unless the hospital had a licensure application filed and in process prior
to February 10, 1996.
Ambulance services owned and operated by a city government, which propose
to provide services in coterminous cities outside of the ambulance service's
designated geographic service area, shall not be required to obtain a certificate
of need if the governing body of the city in which the ambulance services are to
be provided enters into an agreement with the ambulance service to provide
services in the city.
(8)
Notwithstanding any other provision of law, a continuing care retirement
community's nursing home beds shall not be certified as Medicaid eligible
unless a certificate of need has been issued authorizing applications for
Medicaid certification. The provisions of subsection (3) of this section
notwithstanding, a continuing care retirement community shall not change the
level of care licensure status of its beds without first obtaining a certificate of
need.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 90, sec. 2, effective July 12, 2012; and ch.
103, sec. 2, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 102, sec. 1,
effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 264, sec. 2, effective
July 14, 2000. -- Amended 1998 Ky. Acts ch. 582, sec. 2, effective July 15,
1998. -- Amended 1996 Ky. Acts ch. 299, sec. 1, effective July 15, 1996;
ch. 351, sec. 2, effective July 15, 1996; and ch. 371, sec. 38, effective July 15,
1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 24, effective July 15,
1994. Amended 1992 Ky. Acts ch. 61, sec. 4, effective March 16, 1992. -Amended 1990 Ky. Acts ch. 235, sec. 7, effective July 13, 1990; and ch. 499,
sec. 2, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 436, sec. 2,
effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 31, sec. 3, effective
February 28, 1986. -- Amended 1984 Ky. Acts ch. 301, sec. 2, effective July 13,
1984. -- Amended 1982 Ky. Acts ch. 347, sec. 3, effective July 15, 1982. -Created 1980 Ky. Acts ch. 135, sec. 3, effective July 15, 1980.
Legislative Research Commission Note (7/12/2012). This statute was amended
by 2012 Ky. Acts chs. 90 and 103, which do not appear to be in conflict and
have been codified together.
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