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 15, 2011

STATE OFFICE CLOSINGS

State offices will be closed on Friday, December 23rd and Monday, December 26th for the Christmas holiday.

State offices will be closed on Friday, December 30th and Monday, January 2, 2012 for the New Year holiday.

REGULATIONS

The following regulations became final on November 16, 2011:

900 KAR 6:030 – Certificate of Need Expenditure Minimums

900 KAR 6:080 – Certificate of Need Emergency Circumstances

Copies of these regulations may be viewed at http://www.lrc.ky.gov/kar/TITLE900.HTM

ADVISORY OPINIONS ONLINE

Advisory opinions can now be accessed online. Opinions from January, 2003 to present have been scanned into the database and opinions will continue to be scanned by year back to approximately 1995.


NOTICE OF PUBLIC HEARINGS

Public hearings have been requested pursuant to 900 KAR 6:090, Section 3 and have been scheduled as follows:

Thursday, January 5, 2012 at 9:00 a.m. in Conference Suite B (Old Auditorium), 1st Floor, Health Services Building, 275 East Main Street; and Friday, January 6, 2012 at 9:00 a.m. in the Board Room, 2nd Floor, Health Services Building, 275 East Main Street, Frankfort, Kentucky. Hearing officer: Rebecca Baylous

Physicians Affiliated Care, PSC dba Gastrointestinal Endoscopy Center of Owensboro (Owensboro, Daviess County) CON #030-03-3562(3), AHB CON 11-1028.

Expand surgical services to include podiatry and urology and approval for use of third operating room. Capital Expenditure: $250,000.00

Monday, January 23, 2012 at 9:00 a.m. in the Health Services Administrative Hearings Branch Conference Room, 1st Floor East, Health Services Building, 275 East Main Street; and Tuesday, January 24, 2012 at 9:00 a.m. in Conference Rooms B & C, First City Complex, 102 Athletic Drive, Frankfort, Kentucky. Hearing Officer: Kris Carlton

Pattie A. Clay Regional Medical Center ASC (Richmond, Madison County) CON #076-15-5014(1), AHB CON 11-1039

Establish an ambulatory surgery center on the hospital campus. Capital Expenditure: $6,203,000.00

Thursday, January 26, 2012 and Friday, January 27, 2012 both days at 9:00 a.m. in the Health Services Administrative Hearings Branch Conference Room, 1st Floor East, Health Services Building, 275 East Main Street. Hearing Officer: David Wicker

Saint Joseph London (London, Laurel) CON #063-13-139(9),

AHB CON 11-1043

Add up to thirty (30) acute care beds. Capital Expenditure: $7,880,000.00

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.

3

CON Public Notice 12/15/2011 CHART A

Formal Review Proposals Scheduled for Decision March 14, 2012

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 by March 14, 2012. 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.
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 Certificate of Need Office, 275 East Main Street, Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by December 30, 2011. 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
There are no ICF/MR-DD applications for public notice in this cycle
There are no ICF/MR-DD applications for public notice in this cycle
There are no ICF/MR-DD applications for public notice in this cycle
There are no ICF/MR-DD applications for public notice in this cycle
There are no ICF/MR-DD applications for public notice in this cycle

NEWSLETTER

Chart B
Certificate of Need * Letters of Intent
11/12/2011 through 12/09/2011
Name and Location / Project Description / Date
Received
GROUND AMBULANCE
City of Georgetown
Georgetown, Scott County
Robert Bruin
101 Airport Road
Georgetown, KY 40324
(502) 863-7835 / Establish a Class I ALS ground ambulance service to operate in the city limits of Georgetown, Kentucky. / 11/17/2011
Medic On-Site Services
Evansville, Indiana
Richard H. Wallis
17075 Petersburg Road
Evansville, IN 47716
(812) 480-7739 / Establish a ground ambulance service to serve Daviess, Henderson and Hopkins counties in Kentucky. / 12/09/2011
HOME HEALTH AGENCY
KORT Rehab @ Home
Crestwood, Oldham County
Shauneen Bouthilette, RN, MSN
708 Westport Road, Suite 200
Elizabethtown, KY 42701
(270) 766-1213 / Establish a home health agency to serve Oldham County / 11/28/2011
HOSPICE
Harbor Light Hospice
Glen Ellyn, Illinois
Freeman Smith
800 Roosevelt Road
Glen Ellyn, IL 60137
(630) 379-9375 / Establish a hospice agency to serve Hopkins, Christian, Muhlenberg, Caldwell, Logan, Butler, Crittenden, Livingston and Lyon counties in Kentucky. / 11/28/2011
Harbor Light Hospice
Glen Ellyn, Illinois
Freeman Smith
800 Roosevelt Road
Glen Ellyn, IL 60137
(630) 379-9375 / Establish a hospice agency to serve Magoffin, Johnson and Floyd counties in Kentucky / 11/28/2011
Harbor Light Hospice
Glen Ellyn, Illinois
Freeman Smith
800 Roosevelt Road
Glen Ellyn, IL 60137(630) 379-9375 / Establish a hospice agency to serve Hopkins, Christian, Muhlenberg, Caldwell, Logan, Butler, Crittenden, Livingston and Lyon counties in Kentucky. / 11/28/2011
Hospice of Western Kentucky
Owensboro, Daviess County
Lisa English Hinkle
201 East Main Street, Suite 1000
Lexington, KY 40507
(859) 231-8780 / Expand hospice services to include McLean County / 11/28/2011
PERSONAL CARE FACILITY
Campbellsville Retirement Home, LLC
Campbellsville, Taylor County
Shirley Phillips Yates
936 Friendship Road
Campbellsville, KY 42718
(270) 849-4051 / Establish a fifteen (15) bed personal care home / 11/30/2011
Campbellsville Retirement Home, LLC
Campbellsville, Taylor County
Shirley Phillips Yates
936 Friendship Road
Campbellsville, KY 42718
(270) 849-4051 / Establish a fifteen (15) bed personal care home / 12/01/2011
PRIVATE DUTY NURSING
CHESS, Inc 501 C3/DBA CHESS Nursing In-Home Care Lexington, Fayette County
Brea Beaven
560 East Third Street c/o The Plantory Suite 102
Lexington, KY 40508
(615) 498-6918 / Establish a private duty nursing service to serve Henderson County. / 11/28/2011
CHESS, Inc. 501 C3/DBA CHESS Nursing In-Home Care Lexington, Fayette County
Brea Beaven
560 East Third Street c/o The Plantory Suite 102
Lexington, KY 40508
(615) 498-6918 / Establish a private duty nursing service to serve Henderson, Daviess, Hancock, Ohio and McLean counties / 12/06/2011
CHESS, Inc. 501 C3/DBA CHESS Nursing In-Home Care Lexington, Fayette County
Brea Beaven
560 East Third Street c/o The Plantory Suite 102
Lexington, KY 40508
(615) 498-6918 / Establish a private duty nursing service to serve Menifee, Bath and Rowan counties / 12/07/2011
REHABILITATION AGENCY
Associates in Pediatric Therapy, LLC
Crestwood, Oldham County
Angela Renea Sageser
1900 Midland Trail, Suite 1 & 2
Shelbyville, KY 40065
(502) 321-2321 / Establish a rehabilitation agency / 11/30/2011
Associates in Pediatric Therapy, LLC
Louisville, Jefferson County
Angela Renea Sageser
1900 Midland Trail, Suite 1 & 2
Shelbyville, KY 40065
(502) 321-2321 / Establish a rehabilitation agency. / 12/01/2011
Little Champs Special Needs Childcare Facility
Louisville. Jefferson County
Heather Proffitt
3720 Chauncey Ave
Louisville, KY 40211
(502) 727-9405 / Establish a facility to provide childcare and speech, occupational, behavioral and physical therapy services to special needs children (autism, Emotional and Behavior disorders, Down Syndrome, ADHD, etc). / 11/30/2011

NEWSLETTER

Chart C
Certificate of Need * Applications Received
11/12/2011 through 12/09/2011
Name and Location / Project Description / Capital Cost / Date
Received
LINEAR ACCELERATOR
Baptist Regional Medical Center
Corbin, Whitley County
CON #118-13-215(28)
James Lyons
One Trillium Way
Corbin, KY 40701
(606) 523-8524 / Establish a megavoltage radiation therapy service. / $4,824,241.00 / 11/30/2011
The Cancer Center at Taylor Regional Hospital Campbellsville, Taylor County
CON #109-14-5394(1)
William Spanos
529 S. Jackson Street
Louisville, KY 40202
(502) 562-4360 / Establish a megavoltage radiation therapy service. / $0.00 / 11/30/2011
MAGNETIC RESONANCE IMAGING
Western Kentucky Diagnostic Imaging
Bowling Green, Warren County
CON #114-04-5391(1)
Janet A. Craig
250 West Main Street, Suite 2300
Lexington, KY 40507
(859) 226-2377 / To establish a specialized medical technology center (SMTS) to provide magnetic resonance imaging (MRI) services. / $4,561,568.00 / 11/23/2011
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY
Home of the Innocents PRTF - A
Louisville, Jefferson County
CON #056-06-5392(1)
Mathew R. Klein
207 Thomas More Parkway
Crestview Hills, KY 41017
(859) 426-2109 / Establish a nine (9) bed Level I Psychiatric Residential Treatment Facility for females aged thirteen (13) to seventeen (17). / $36,062.00 / 11/30/2011
Home of the Innocents PRTF - B
Louisville, Jefferson County
CON #056-06-5393(1)
Mathew Klein
207 Thomas More Parkway
Crestview Hills, KY 41017
(859) 426-2109 / Establish a nine (9) bed Level I Psychiatric Residential Treatment Facility for males aged thirteen (13) through seventeen (17). / $19,080.00 / 11/30/2011
NEWSLETTER
Chart D
ACTIONS SINCE LAST NEWSLETTER
11/12/2011 through 12/09/2011
Applicant / Project Description / Capital Cost / Action/ Date
APPROVALS
CON #071-04-3414(2)
Active Day of Russellville
Russellville, Logan County / Change the location of a licensed day health care program from 767 North Main Street to 3239 Lewisburg Road, both in Logan County. / $178,533.15 / APPROVAL
(11/14/2011)
CON #009-15-1464(12)
Bourbon Community Hospital
Paris, Bourbon County / Convert eight (8) acute care beds to psychiatric beds. / $1,816,000.00 / APPROVAL
(11/21/2011)
CON #114-04-2271(5)
Christian Health Center of Bowling Green
Bowling Green, Warren County / Add forty-six (46) personal care beds to existing facility / $8,475,430.00 / APPROVAL
(11/24/2011)
CON #008-07-5381(1)
Elmcroft of Florence
Florence, Boone County / Establish a one hundred forty-six (146) bed personal care facility / $200,000.00 / APPROVAL
(11/24/2011)
CON #034-15-5333(1)
Grace Place Adult Day Center
Lexington, Fayette County / Establish an adult day health care program. / $445,505.00 / APPROVAL
(11/18/2011)
CON #006-09-639(3)
Hilltop Lodge
Owingsville, Bath County / Add ten (10) personal care beds to existing facility / $0.00 / APPROVAL
(11/24/2011)
CON #006-09-639(4)
Hilltop Lodge
Owingsville, Bath County / Relocate twenty-six (26) personal care beds from Colonial Rest Home to Hilltop Lodge, both in Bath County / $1,000.00 / APPROVAL
(11/24/2011)
CON #034-15-5338(1)
Lexington Health Campus
Lexington, Fayette County / Establish a fifty-four (54) bed nursing facility by relocating (54) nursing facility beds from Crossings Care Center, Lexington, Fayette County. / $4,986,457.00 / APPROVAL
(12/05/2011)
CON #069-15-5336(1)
Waynesburg Manor, LLC
Waynesburg, Lincoln County / Add twelve (12) personal care beds to existing facility. / $313,980.00 / APPROVAL
(11/24/2011)
DISAPPROVALS
CON #030-03-1742(6)
Hospice and Palliative Care of Ohio Valley, Inc.
Owensboro, Daviess County / Establish/expand hospice services to McLean County. / $0.00 / DISAPPROVAL
(11/16/2011)
CON #098-11-5228(1)
Out Patient Hospice
South Williamson, Pike County / Establish a hospice service to serve Pike County. / $10,000.00 / DISAPPROVAL
(11/16/2011)
NULL AND VOID
CON #034-15-1721(16)
Saint Joseph Hospital East
Lexington, Fayette County / Convert sixteen (16) special care neonatal beds from Level II to Level III / $200,000.00 / NULL AND VOID
(11/17/2011)
DEFERRALS
CON #034-15-4044(1)
Digestive Disease Center of the Bluegrass Lexington, Fayette County / Establish an ambulatory surgery center limited to gastrointestinal procedures. / $3,925,309.00 / DEFERRAL
(12/05/2011)
CON #093-06-3997(1)
First Stop Ambulatory Surgery Center
LaGrange, Oldham County / Establish an ambulatory surgery center / $500,000.00 / DEFERRAL
(12/05/2011)
CON #114-04-5031(1)
Greenview Ambulatory Surgery Center
Bowling Green, Warren County / Establish an ambulatory surgery center / $8,916,546.00 / DEFERRAL
(12/05/2011)
CON #058-11-5188(1)
Highlands Outpatient SurgiCenter
Paintsville, Johnson County / Establish an ambulatory surgery center. / $2,651,000.00 / DEFERRAL
(12/05/2011)
CON #073-06-100(4)
Homestead Nursing Center of New Castle, KY
New Castle, Henry County / Add thirty (30) nursing facility (NF) beds. / $2,582,572.00 / DEFERRAL
(12/05/2011)
CON #056-06-5034(1)
Kentuckiana Pain Specialists - Eastern Parkway Louisville, Jefferson County / Establish an ambulatory surgery center limited to pain management / $88,500.00 / DEFERRAL
(12/05/2011)
CON #056-06-5033(1)
Kentuckiana Pain Specialists - Hurstbourne Parkway
Louisville, Jefferson County / Establish an ambulatory surgery center limited to pain management. / $88,500.00 / DEFERRAL
(12/05/2011)
CON #056-06-5099(1)
Pain Management Consultants
Louisville, Jefferson County / Establish an ambulatory surgery center limited to pain management. / $230,541.00 / DEFERRAL
(12/05/2011)
CON #058-11-1575(6)
Paul B. Hall Regional Medical Center
Paintsville, Johnson County / Add ten (10) acute care beds / $2,977,572.00 / DEFERRAL
(12/05/2011)
CON #098-11-5035(1)
Pike County ARH Ambulatory Surgery Center
Pikeville, Pikeville Pike County / Establish an ambulatory surgery center / $6,748,179.00 / DEFERRAL
(12/05/2011)
CON #057-15-5012(1)
Saint Joseph Jessamine
Nicholasville, Jessamine County / Establish a 50 bed acute care hospital to include surgical services. / $25,305,074.00 / DEFERRAL
(12/05/2011)
CON #057-15-4046(2)
Saint Joseph Jessamine ASC
Nicholasville, Jessamine County / Establish an ambulatory surgery center. / $8,634,890.00 / DEFERRAL
(12/05/2011)
CON #114-04-149(43)
The Medical Center at Bowling Green ASC
Bowling Green, Warren County / Establish an ambulatory surgery center / $9,286,900.00 / DEFERRAL
(12/05/2011)
CON #057-15-4031(1)
The Medical Center of Jessamine County
Nicholasville, Jessamine County / Establish a fifty (50) bed acute care hospital to include surgical services and MRI. / $32,560,360.00 / DEFERRAL
(12/05/2011)

CHART E