2014 Kentucky Revised Statutes CHAPTER 216B - LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES 216B.086 Revocation of certificate of need -- Hearings -- Prohibition against ex parte contacts.
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216B.086 Revocation of certificate of need -- Hearings -- Prohibition against
ex parte contacts.
(1)
(2)
(3)
(4)
The cabinet may revoke a certificate of need, or portion thereof, for failure of
the holder of the certificate to implement the project in accordance with
timetables and standards for implementation established by administrative
regulation of the cabinet; however, for projects involving long-term care beds,
the cabinet may revoke any certificate granted which is not implemented within
twenty-four (24) months or within any six (6) month reporting interval during
which there is not satisfactory progress in meeting the project timetable and
shall revoke any certificate granted which is not implemented within thirty-six
(36) months except for those projects specified as an exception pursuant to
Executive Order 96-129 in which case those projects shall be implemented
according to the intervals and timetable set forth in this section, as of the
effective date of Medicaid funding in the biennial budget for those projects. The
administrative regulation for projects involving long-term care beds shall be
based on project completion in twenty-four (24) months and shall specify
criteria for measuring implementation of project objectives at six (6) month
reporting intervals. If, at any six (6) month reporting period, the certificate
holder is able to show good cause as to why a project failed to meet its
timetables, an extension of six (6) months may be granted to meet that
particular timetable. The burden of proof shall be on the certificate holder. An
extension may be granted beyond a total of thirty-six (36) months, only if the
applicant requests that the cabinet grant an additional six (6) month extension
beyond the initial thirty-six (36) month completion period and shows good
cause. For purposes of this section, there shall be deemed to be "good cause"
if the project can be completed within the additional six (6) month period. In no
case shall an extension be granted beyond a total of forty-two (42) months.
The holder of the certificate of need shall file with the cabinet the name and
business address of all owners, investors, and stockholders in the project
whose ownership interest is greater than ten percent (10%). All reports
submitted by the certificate holder under this subsection shall be considered a
public record in accordance with the Kentucky Open Records Law, KRS
61.870 to 61.884.
The cabinet shall give notice to the holder of the certificate of its initial decision
to revoke the certificate of need or portion thereof. The cabinet's initial decision
to revoke a certificate of need or portion thereof shall become final after thirty
(30) days unless a hearing is requested. The secretary shall give notice to the
holder of the certificate of a decision which has become final under the
provisions of this subsection.
The holder of the certificate of need to be revoked may request in writing a
public hearing in respect to an initial decision by the cabinet to revoke a
certificate of need within thirty (30) days of the date of notice of the initial
decision. Failure to request a hearing shall constitute a waiver of any right to
reconsideration or judicial appeal of a final cabinet decision to revoke a
certificate of need.
The hearing shall be before a person designated by the secretary to be the
hearing officer. The hearing shall be no later than thirty (30) days after the
request for the hearing is filed.
(5) If a hearing is requested, the secretary shall set a date, time, and place for a
public hearing. Reasonable notice of the hearing shall be given to all affected
persons in accordance with administrative regulations promulgated by the
cabinet.
(6) At the hearing, any party to the proceedings shall have the right to be
represented by counsel and to present oral or written arguments and evidence
relevant to the revocation of the certificate of need and may conduct
reasonable cross-examination under oath of persons who testify. A full and
complete record shall be maintained of the hearing, and all testimony shall be
recorded but not be transcribed unless the cabinet's final decision is appealed
pursuant to this chapter.
(7) After the issuance of an initial decision to revoke a certificate of need and
before a final decision is made, no person shall have ex parte contacts with
employees of the cabinet regarding the revocation. If an ex parte contact
occurs, it shall be promptly made a part of the record.
(8) If a hearing is requested after notice of the cabinet's initial decision to revoke a
certificate of need, the cabinet shall make a final decision within thirty (30) days
after the hearing. Any final decision revoking a certificate of need shall be
made by the cabinet in writing. The cabinet shall notify the parties to the
proceedings of the final decision.
(9) Any final decision of the cabinet to revoke a certificate of need shall be based
solely on the record established with regard to the revocation.
(10) Except as provided in subsection (3) of this section, reconsideration pursuant
to KRS 216B.090 or judicial appeal pursuant to KRS 216B.115 shall be
available with regard to a final decision of the cabinet to revoke a certificate of
need.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 593, sec. 1, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 371, sec. 51, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 249, sec. 3, effective July 15, 1994; and ch. 512, Part 7,
sec. 37, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 8,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 21, effective
July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 17, effective July 15, 1982.
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