CABINET FOR HEALTH AND FAMILY SERVICES
OFFICE OF HEALTH POLICY
Steven L. Beshear Janie Miller
Governor Secretary
Carrie Banahan
Executive Director
CERTIFICATE OF NEED NEWSLETTER
December 17, 2009
STATE HOLIDAYS
State offices will be closed on Thursday, December 24th and Friday, December 25th, and Thursday, December 31st and Friday, January 1st for the Christmas and New Year holidays.
Pursuant to 900 KAR 6:090, filings that are due on a legal state holiday shall be due by 4:30 p.m. eastern time on the first business day following the legal holiday.
CON REGULATIONS
The Office of Health Policy has recently repealed 900 KAR 6:050 (Certificate of need administrative regulation). Please refer to the following administrative regulations for information regarding the Certificate of Need process:
900 KAR 6:020 Certificate of need application fee schedule
900 KAR 6:030 Certificate of need expenditure minimums
900 KAR 6:040 Licensure hearings
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 6:070 Certificate of need considerations for formal review
900 KAR 6:075 Certificate of need nonsubstantive review
900 KAR 6:080 Certificate of need emergency circumstances
900 KAR 6:085 Transfers of certificate of need
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 options
900 KAR 6:110 Certificate of need notification of the addition or establishment of a health service, or notification of the reduction or termination of a health services, or reduction of bed capacity, or notice of intent to acquire a health facility or health service
900 KAR 6:115 Certificate of need critical access hospitals, swing beds, and certification of continuing communities
900 KAR 6:120 Certificate of need pilot projects
NOTICE OF PUBLIC HEARINGS
Public hearings have been requested pursuant to 900 KAR 6:090, Section 3 and have been scheduled as follows:
Monday, January 11, 2010 at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky and Tuesday, January 12, 2010 at 9:00 a.m. in the Kentucky Bar Association Board Room, 514 West Main Street, Frankfort, Kentucky.
Our Lady of Bellefonte Hospital (Ashland, Greenup County), CON #045-10-1398(41), AHB CON 09-1066
Establish a primary angioplasty/therapeutic cardiac catheterization service. Capital Expenditure: $759,000.00
Monday, January 11, 2010 at 9:00 a.m. in Conference Suite B (Old Auditorium), Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky and Tuesday, January 12, 2010 at 9:00 a.m. in Conference Room B of the Distance Communications and Learning Center, Health Services Building, 3rd Floor, 275 East Main Street, Frankfort, Kentucky.
Soterion Health Recovery (Louisville, Jefferson County), CON #056-06-5190(1), CON 09-1070
Establish a thirty-four (34) bed chemical dependency facility.
Capital Expenditure: $1,241,000.00
Wednesday, January 13, 2010 at 9:00 a.m. in the Board Room, Health Services Building, 2nd Floor, 275 East Main Street, Frankfort, Kentucky.
St. Elizabeth Healthcare (Edgewood, Kenton County), CON #059-07-425(62), CON 09-1071
Establish a twelve (12) bed Level III neonatal service. Capital Expenditure: $315,000.00
Tuesday, January 19, 2010 and Wednesday, January 20, 2010 at 9:00 a.m., both days in the Kentucky Bar Association Board Room, 514 West Main Street, Frankfort, Kentucky.
Paul B. Hall Regional Medical Center (Paintsville, Johnson County), CON #058-11-1575(6), CON 09-1072
Add ten (10) acute care beds. Capital Expenditure: $2,977,572.00
Tuesday, January 19, 2010 at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky and Wednesday, January 20, 2010 at 9:00 a.m. in Conference Room C (Old Auditorium), 275 East Main Street, 1st Floor, Frankfort, Kentucky.
COMPARATIVE HEARING:
Saint Joseph Hospital East (Lexington, Fayette County), CON #034-15-1721(15), AHB CON 09-1074
Relocate thirty-five (35) acute care beds from Saint Joseph Hospital, One Saint Joseph Drive, Lexington, to Saint Joseph Hospital East, 150 North Eagle Creek Drive, Lexington. Capital Expenditure: $0.00
Saint Joseph Jessamine (Nicholasville, Jessamine County), CON #057-15-5012(1), AHB CON 1076
Establish a fifty (50) bed acute care hospital to include surgical services. Capital Expenditure: $25,305,074.00
The Medical Center of Jessamine County (Nicholasville, Jessamine County) CON #057-15-4031(1), AHB CON 1075
Establish a fifty (50) bed acute care hospital to include surgical services and MRI. Capital Expenditure $32,560,360.00
Monday, February 1, 2010 and Tuesday, February 2, 2010 both days at 9:00 in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky
COMPARATIVE HEARING:
First Stop Ambulatory Surgery Center (LaGrange, Oldham County) CON #093-06-3997(1), AHB CON 09-1055
Establish an ambulatory surgery center. Capital Expenditure: $500,000.00
Kentuckiana Pain Specialists – Hurstbourne Parkway (Louisville, Jefferson County) CON #056-06-5033(1), AHB 09-1056
Establish an ambulatory surgery center limited to pain management. Capital Expenditure: $88,500.00
Kentuckiana Pain Specialists – Eastern Parkway (Louisville, Jefferson County) CON #056-06-5034(1), AHB 09-1057
Establish an ambulatory surgery center limited to pain management. Capital Expenditure: $88,500.00
Pain Management Consultants (Louisville, Jefferson County) CON #056-06-5099(1), AHB 09-1058
Establish an ambulatory surgery center limited to pain management. Capital Expenditure: $230,541.00
Tuesday, February 9, 2010 at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky
Homestead Nursing Center of New Castle, KY (New Castle, Henry County) CON #073-06-100(4), AHB 09-1082
Add thirty (30) nursing facility (NF) beds. Capital Expenditure: $2,582,572.00
If a court reporter will be present at the hearing the requester must make the necessary arrangements. The cost of the court reporter must be borne by the person requesting the reporter. If a court reporter is not present, the staff will record the proceedings. Please inform this office if a court reporter is to be present or not.
All persons wishing to participate as a party to the proceedings shall file an original and one (1) copy of the following for each affected application with the Office Health Policy, 275 East Main Street 4WE, Frankfort, Kentucky 40621 and shall serve copies on all other known parties to the proceedings:
1. A list of persons who will enter an appearance on behalf of the party
on Form #3, Notice of Appearance;
2. A list of witnesses on Form #4, Witness List; and
3. A list and all exhibits to be introduced on Form #5, Exhibit List.
Forms may be obtained by calling The Office of Health Policy at 502/564-9589 or through our website at www.chfs.ky.gov/ohp/con. If you are submitting forms on more than one applicant in a comparative certificate of need hearing, please submit an original & one (1) copy for each applicant. All individuals and/or entities participating in hearings regarding certificate of need applications should review the applicable rules and deadlines set forth in 900 KAR 6:090, Section 3 and made available at www.chfs.ky.gov/ohp/con.
If you will be participating in a Certificate of Need hearing, you must provide a list of persons expected to attend the hearing to the Administrative Hearings Branch, no later than 2 days prior to the scheduled hearing date. Lists must include attorneys, witnesses, and any other personnel (assistants, observers, etc) planning to attend. On the day of the hearing, all participants must sign in at the Security Desk and will be issued visitor badges. Once all hearing attendees have arrived, the security officer will escort all participants to the hearing room. Any participant to the hearing not on the list must wait to be escorted to the hearing by CON staff. If you choose to leave the building during a lunch break you must check in and out through the Security Desk. Your understanding and cooperation are appreciated.
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CON Public Notice 12/17/2009 CHART A
Formal Review Proposals Scheduled for Decision March 17, 2010
As of this date the Certificate of Need proposals listed below are officially scheduled for review. A decision granting or denying a certificate of need will be made on March 17, 2010. Applications proposing the same or similar types of services, equipment, or facilities affecting the same health service area are batched in the review cycle so they can be given comparative review. The following projects are included in this batching cycle: F – Intermediate Care Beds for Mental Retardation & Developmentally Disabled Facilities, Psychiatric Residential Treatment Facilities.Any affected persons including parties who have submitted a letter of intent for an application which would provide similar types of services, facilities, or equipment affecting the same health service area, who desire a public hearing on a proposal must submit requests in writing to the Office of Health Policy, 275 East Main Street, Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by January 1, 2010. Affected persons will be notified of all scheduled hearings by mail except that the public and third party payors will be notified through public information channels.
Number / Name / Location / Project Description / Project Cost
ICF/MR-DD
CON #056-06-5195(1) / Bingham ICF Homes / Louisville, Jefferson County / Establish a twenty-four (24) bed ICF/MR-DD facility by transferring twenty-four (24) beds from Central State Hospital. / $5,712,230.00
NEWSLETTER
Certificate of Need * Letters of Intent
11/14/2009 through 12/11/2009
Name and Location / Project Description / Date
Received
GROUND AMBULANCE
Safety Tec, Inc.
Lexington, Fayette County
Jerry Clemons
104 Blowing Tree Drive
Georgetown, KY 40324
(859) 321-1963 / Establish a Class VI ground ambulance service to serve Fayette and Scott Counties. / 12/09/2009
HOME HEALTH AGENCY
Access Care
Louisville. Jefferson County
Yelena Vilder
8312 Lacevine Road
Louisville, KY 40220
(502) 491-4475 / Establish a home health agency to serve Jefferson County / 12/01/2009
Caring Hearts Home Health Care
Cincinnati. Campbell County
Ronnell T. Spears
8040 Hosbrook Road, Suite 300
Cincinnati, OH 45236
(513) 761-6510 / Establish a home health agency to serve Boone, Campbell and Kenton counties. / 11/20/2009
Family Home Health Care, Inc.
Owensboro, Daviess County
Roger Cochran
400 East Bay Street #406
Jacksonville, FL 32202
(904) 634-0276 / Expand home health services to include Ohio County. / 11/30/2009
Family Home Health Care, Inc.
Horse Cave, Hart County
Roger Cochran
400 East Bay Street, #406
Jacksonville, FL 32202
(904) 634-0276 / Expand home health services to include Larue County / 11/30/2009
Lifeline Home Health Care of Taylor
Campbellsville, Taylor County
Jeffery T. Barnett
489 East Main Street, Suite 300
Lexington, KY 40507
(859) 226-0312 / Expand home health service to a ventilator dependent patient in Adair County. / 11/25/2009
Memorial Hospital Home Health
Manchester, Clay County
Madge May
210 Marie Langdon Drive
Manchester, KY 40962
(606) 598-1969 / Expand home health services to Pike and Perry counties. / 11/30/2009
Trigg County Home Health
Cadiz, Trigg County
Tracy Lowe
19124 River Canyon Road
Chattanooga, TN 37405
(423) 505-9524 / Expand home health services to include McCracken, Marshall and Calloway counties. / 11/25/2009
Trigg County Home Health
Cadiz, Trigg County
Tracy Lowe
19124 River Canyon Road
Chattanooga, TN 37405
(423) 505-9524 / Expand home health services to include McCracken and Marshall counties. / 11/25/2009
Trigg County Home Health
Cadiz, Trigg County
Tracy Lowe
19124 River Canyon Road
Chattanooga, TN 37405
(423) 505-9524 / Expand home health services to include Christian County. / 11/25/2009
Trigg County Home Health
Cadiz, Trigg County
Tracy Lowe
19124 River Canyon Road
Chattanooga, TN 37405
(423) 505-9524 / Expand home health services to include Christian and Hopkins counties. / 11/25/2009
HOSPICE
Hospice Advocates
Bowling Green, Warren County
Joe Weimann
1070 Swale Court
Union, KY 41091
(859) 609-5870 / Establish a hospice agency to serve all counties in the Barren River Area Development District and Caldwell, Christian, Crittenden, Hopkins, Livingston, Lyon, Muhlenberg and Trigg counties. / 11/23/2009
Trigg County Home Health
Cadiz, Trigg County
Tracy Lowe
19124 River Canyon Road
Chattanooga , TN 37405
(423) 505-9524 / Establish a hospice agency to serve Trigg, Caldwell, Christian, Crittenden, Hopkins, Livingston, Lyon and Muhlenberg counties. / 11/25/2009
NURSING FACILITY
Rockcastle Health and Rehabilitation Center
Brodhead, Rockcastle County
Lisa English Hinkle
201 East Main Street, Suite 1000
Lexington, KY 40507
(859) 231-8780 / To add fourteen (14) nursing facility beds. / 11/24/2009
REHABILITATION AGENCY
Springhurst Health and Rehab
Louisville, Jefferson County
Lawrence Dauenhauer
3101 N. Hurstbourne Parkway
Louisville, KY 40241
(502) 420-7710 / Establish a rehabilitation agency. / 12/03/2009
Trover Health System Sports Medicine and Rehabilitation Princeton, Caldwell County
Tim Dukes
900 Hospital Drive
Madisonville, KY 42431
(270) 825-4000 / Establish a rehabilitation agency. / 11/30/2009
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NEWSLETTER
Chart CCertificate of Need * Applications Received
11/14/2009 through 12/11/2009
Name and Location / Project Description / Capital Cost / Date
Received
DAY HEALTH CARE PROGRAM
Alternative Adult Day Health Care Center Inc. Mt. Washington, Bullitt County
Leah Smith
147 Wilma Avenue
Louisville, KY 40229
(502) 955-1750 / Modify CON #015-06-5157(1) to establish an adult day health care program, issued 7/09, by a change of location from 11102 Hwy 44 East, Mt. Washington to 1200 North Bardstown Road, Mt. Washington, KY. / $0.00 / 11/23/2009
LINEAR ACCELERATOR
Commonwealth Cancer Center
London, Laurel County
Mark A. Allen
216 Southtown Drive
Danville, KY 40422
(859) 236-2203 / Establish a megavoltage radiation therapy facility / $3,013,088.00 / 12/01/2009
John D. Cronin Cancer Center
Lexington, Fayette County
Eric Riley
1221 South Broadway
Lexington, KY 40504
(859) 258-4427 / Establish a megavoltage radiation therapy program limited to image-guided linear accelerator based stereotactic radiosurgery. / $4,905,000.00 / 12/03/2009
Chart D
ACTIONS SINCE LAST NEWSLETTER
11/14/2009 through 12/11/2009
Applicant / Project Description / Capital Cost / Action/ Date
APPROVALS
CON #034-15-5184(1)
Arbor Park
Lexington, Fayette County / Establish a fifty-six (56) bed personal care (PC) facility / $3,360,000.00 / APPROVAL
(11/19/2009)
CON #113-03-5130(2)
Breckinridge Services, Inc.
Morganfield, Union County / Modify CON # 113-03-5130(1), to relocate Methodist Hospital Union County Extended Care Facility (16 nursing facility beds) from 4604 US Highway 60 West to 170 Sykes Boulevard, by the addition of four (4) personal beds. / $197,450.00 / APPROVAL
(11/19/2009)
CON #001-14-5178(1)
Golden Ages of Columbia, Inc.
Columbia, Adair County / Establish a twenty (20) bed personal care facility. / $0.00 / APPROVAL
(11/19/2009)
CON #056-06-5181(1)
Golden LivingCenter - Camelot
Louisville, Jefferson County / To add two (2) personal care (PC) beds. / $0.00 / APPROVAL
(11/19/2009)
CON #056-06-1919(6)
Golden LivingCenter - Mt. Holly
Louisville, Jefferson County / Add four (4) personal care beds. / $0.00 / APPROVAL
(11/19/2009)
CON #056-06-1920(3)
Golden LivingCenter - St. Matthews
Louisville, Jefferson County / Add four (4) personal care (PC) beds. / $0.00 / APPROVAL
(11/19/2009)
CON #120-15-5182(1)
Heritage Homeplace at Midway College
Midway, Woodford, County / Establish a twelve (12) bed personal care (PC) facility. / $2,488,000.00 / APPROVAL
(11/19/2009)
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