2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.040 Functions of cabinet in administering chapter -- Regulatory authority.
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216B.040 Functions of cabinet in administering chapter -- Regulatory
authority.
(1)
(2)
The cabinet shall have four (4) separate and distinct functions in administering
this chapter:
(a) To approve or deny certificates of need in accordance with the provisions
of this chapter, except as to those applications which have been granted
nonsubstantive review status by the cabinet;
(b) To issue and to revoke certificates of need;
(c) To provide a due process hearing and issue a final determination on all
actions by the cabinet to deny, revoke, modify, or suspend licenses of
health facilities and health services issued by the cabinet; and
(d) To enforce, through legal actions on its own motion, the provisions of this
chapter and its orders and decisions issued pursuant to its functions.
The cabinet shall:
(a) Promulgate administrative regulations pursuant to the provisions of KRS
Chapter 13A:
1.
To establish the certificate of need review procedures, including but
not limited to, application procedures, notice provisions, procedures
for review of completeness of applications, and timetables for review
cycles.
2.
To establish criteria for issuance and denial of certificates of need
which shall be limited to the following considerations:
a.
Consistency with plans. Each proposal approved by the
cabinet shall be consistent with the state health plan, and shall
be subject to biennial budget authorizations and limitations,
and with consideration given to the proposal's impact on health
care costs in the Commonwealth. The state health plan shall
contain a need assessment for long-term care beds, which
shall be based on a statistically valid analysis of the present
and future needs of the state as a whole and counties
individually. The need assessment shall be applied uniformly to
all areas of the state. The methodology shall be reviewed and
updated on an annual basis. The long-term care bed need
criteria in the state health plan or as set forth by the
appropriate certificate of need authority shall give preference to
conversion of personal care beds and acute care beds to
nursing facility beds, so long as the state health plan or the
appropriate certificate of need authority establishes a need in
the affected counties and the proposed conversions are more
cost-effective than new construction. The fact that the state
health plan shall not address the specific type of proposal
being reviewed shall not constitute grounds for disapproval of
the proposal. Notwithstanding any other provision of law, the
long-term care bed need criteria in the state health plan or as
set forth by the appropriate certificate of need authority shall
not consider, factor in, or include any continuing care
(3)
retirement community's nursing home beds established under
KRS 216B.015, 216B.020, 216B.330, and 216B.332;
b.
Need and accessibility. The proposal shall meet an identified
need in a defined geographic area and be accessible to all
residents of the area. A defined geographic area shall be
defined as the area the proposal seeks to serve, including its
demographics, and shall not be limited to geographical
boundaries;
c.
Interrelationships and linkages. The proposal shall serve to
accomplish appropriate and effective linkages with other
services, facilities, and elements of the health care system in
the region and state, accompanied by assurance of effort to
achieve comprehensive care, proper utilization of services, and
efficient functioning of the health care system;
d.
Costs, economic feasibility, and resources availability. The
proposal, when measured against the cost of alternatives for
meeting needs, shall be judged to be an effective and
economical use of resources, not only of capital investment,
but also ongoing requirements for health manpower and
operational financing;
e.
Quality of services. The applicant shall be prepared to and
capable of undertaking and carrying out the responsibilities
involved in the proposal in a manner consistent with
appropriate standards and requirements assuring the provision
of quality health care services, as established by the cabinet;
f.
Hospital-based skilled nursing, intermediate care, and personal
care beds shall be considered by the cabinet in determining
the need for freestanding long-term care beds.
(b) Conduct public hearings, as requested, in respect to certificate-of-need
applications, revocations of certificates of need, and denials,
suspensions, modifications, or revocations of licenses.
The cabinet may:
(a) Issue other administrative regulations necessary for the proper
administration of this chapter;
(b) Administer oaths, issue subpoenas, subpoenas duces tecum, and all
necessary process in proceedings brought before or initiated by the
cabinet, and the process shall extend to all parts of the Commonwealth.
Service of process in all proceedings brought before or initiated by the
cabinet may be made by certified mail, or in the same manner as other
process in civil cases, as the cabinet directs;
(c) Establish by promulgation of administrative regulation under KRS
Chapter 13A reasonable application fees for certificates of need;
(d) Appoint technical advisory committees as are deemed necessary to
administer its functions under the provisions of this chapter;
(e) Establish a mechanism for issuing advisory opinions to prospective
applicants for certificates of need regarding the requirements of a
(f)
certificate of need; and
Establish a mechanism for biennial review of projects for compliance with
the terms of the certificate of need.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 264, sec. 3, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 299, sec. 2, effective July 15, 1996; and ch. 371,
sec. 40, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7,
sec. 26, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 493, sec. 1,
effective July 13, 1990; and ch. 499, sec. 3, effective July 13, 1990. --Amended
1988 Ky. Acts ch. 210, sec. 9, effective July 15, 1988. -- Amended 1982 Ky.
Acts ch. 347, sec. 6, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135,
sec. 7, effective July 15, 1980.
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