CABINET FOR HEALTH AND FAMILY SERVICES

Office of Inspector General
Division of Certificate of Need
275 East Main Street, 5E-A
Frankfort, Kentucky 40621
(502) 564-9592
FAX (502) 564-6546

Matthew G. Bevin
Governor
Adam M. Meier
Secretary / Steven D. Davis
Inspector General
Molly Nicol Lewis
Deputy Inspector General

CERTIFICATE OF NEED NEWSLETTER

JUNE 21, 2018

STATE OFFICE CLOSING

State offices will be closed on Wednesday July 4, 2018 for Independence Day.

IMPORTANT CHANGES

Effective May 14, 2018, the Office of Health Policy was abolished and the certificate of need program became a division within the Office of Inspector General. No changes have been made to the certificate of need program. Our new contact information is as follows:

Office of Inspector General

Division of Certificate of Need

275 East Main Street, 5E-A

Frankfort, KY 40621

Phone: (502) 564-9595

Fax: (502) 564-6546

2018 ANNUAL ADJUSTMENT TO THE EXPENDITURE MINIMUMS REQUIRED BY KRS 216B.130

The change in the U.S. Department of Commerce, Bureau of Economic Analysis Price Indexes for Private Fixed Investment by Type for the twelve (12) month period ending December 31, 2017 represents a 0.39% increase, based on a snapshot as of February 28, 2018. Effective July 1, 2018, the capital expenditure minimum established in KRS 216B.015(8) and the major medical equipment minimum established in KRS 216B.015(17) shall be $3,187,1998.

NOTICE OF PUBLIC HEARING

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

Monday, July 2, 2018 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Tracey Hitchcock

Rockcastle Regional Hospital and Respiratory Care Center, Inc. (Mt. Vernon, Rockcastle County) CON #102-13-921(11), HSAHB CON 18-0036

Modify CON #102-13-921(9), approved 8/2015 to construct addition to add 28 NF beds for ventilator dependent patients (emergency circumstances), and CON #102-13-921(10), approved 2/2017 to add four acute care beds, through the addition of 22 NF beds. Final CON NF bed complement: 143 NF beds. Capital Expenditure: $585,200.00

Friday, July 13, 2018 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Sean Cutshall

Bluegrass Connected Care (Lexington, Fayette County) CON #034-15-5847(2), HSAHB CON 18-0034

Establish a home health agency to serve Scott County. Capital Expenditure: $3,900.00

Monday, July 16, 2018 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Matthew L. Mooney

Bluegrass Connected Care (Lexington, Fayette County) CON #034-15-5847(3), HSAHB CON 18-0033

Establish a home health agency to serve Jessamine County. Capital Expenditure: $5,250.00

Tuesday, July 17, 2018 and Wednesday, July 18, 2018both days at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Karen Woodall

Owensboro Health Home Care (Owensboro, Daviess County) CON #030-03-261(51), HSAHB CON 18-0032

Expand home health services to Henderson County. Capital Expenditure: $50,000.00

Monday, July 30, 2018 and Tuesday, July 31, 2018both days at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Cheryl Neff

Brightmore Home Care (Paducah, McCracken County) CON #073-01-2581(5), HSAHB CON 18-0031

Expand private duty nursing services to Livingston County. Capital Expenditure: $60,000.00

Tuesday, August 7, 2018 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Brian Baugh

Bluegrass Connected Care (Lexington, Fayette County) CON #034-15-5847(4), HSAHB CON 18-0035

Establish a home health agency to serve Fayette County. Capital Expenditure: $0.00

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 the Administrative Hearings Branch 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 of Inspector General, Division of Certificate of Need, 275 East Main Street 5E-A, 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 partyon 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 Inspector General, Division of Certificate of Need at 502/564-9592 or through our website. 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.

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CON Public Notice 6/21/2018CHART A

Non-Sub Review Proposals Scheduled for Decision July 26, 2018

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 onJuly 26, 2018. 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 thatthey can be given comparative review.
Any affected personswho desire a public hearing on a proposal must submit requests in writing to Office of Inspector General, Division of Certificate of Need, 275 East Main Street, 5EA, Frankfort, Kentucky 40621. All requests must be received within 10 days of this notice, or by July 1, 2018. Affected persons will be notified of allscheduled 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
ADULT DAY HEALTH CARE PROGRAM
CON #114-04-5892(1) / Encore of Bowling Green ADHC LLC / Bowling Green, Warren County / Establish an adult day health care program / $245,800.00
LIMITED SERVICES CLINIC
CON #034-15-5897(1) / The Little Clinic / Lexington, Fayette County / Establish a limited services clinic / $243,275.00
NURSING FACILITY
CON #056-06-164(10) / Britthaven Nursing and Rehabilitation Center / Louisville, Jefferson County / Modify CON #056-06-164(9), approved 10/2014 to Relocate Kindred Nursing and Rehabilitation – Bashford from 3535 Bardstown Road to 5000 Chamberlain Lane, Jefferson County, by a relocation to 3700 Dutchmans Lane, Louisville. Final CON nursing facility bed complement: 122 nursing facility (NF) beds. / $16,089,065.00
PERSONAL CARE FACILITY
CON #058-11-5826(2) / Venture Home of Paintsville, LLC / Paintsville, Johnson County / Add ten (10) personal care beds. Final CON PC bed complement: 70 PC beds. / $4,850.00

CON Public Notice 6/21/2018CHART A

Formal Review Proposals Scheduled for Decision September 19, 2018

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 onSeptember 19, 2018. 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 that they can be given comparative review. The following projects are included in this batching cycle: C – Acute Care Hospitals (including all other State Health Plan covered services to be provided within the proposed acute care hospital), Acute Care Hospital Beds, Psychiatric Hospital Beds, Special Care Neonatal Beds, Comprehensive Physical Rehabilitation Beds, Chemical Dependency Beds and Freestanding Ambulatory Surgical Centers, Ground Ambulance Service (Class I, II, III and VI)
Any affected persons who desire a public hearing on a proposal must submit requests in writing to Office of Inspector General, Division of Certificate of Need, 275 East Main Street,5EA, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or byJuly6, 2018. Affected persons will be notified of allscheduled 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
AMBULATORY SURGERY CENTER
CON #056-06-5839(1) / East Louisville Interventional Pain Specialists, PLLC / Louisville, Jefferson County / Establish an ambulatory surgery center limited to the delivery of pain management procedures / $1,411,839.00
CON #056-06-5894(1) / American Pain Institute, Inc. / Louisville, Jefferson County / Establish an ambulatory surgical center specializing in pain management procedures / $277,000.00
GROUND AMBULANCE
CON #056-06-5893(1) / Eastwood Fire Protection District Holding Company, Inc. / Louisville, Jefferson County / Establish a Class I ALS/BLS ground ambulance service to serve Eastwood Fire Protection District and an area limited to a 30-minute response time for 95% of the population served from the stations / $928,500.00
CON #035-08-5872(1) / Midwest Medical Transport Company / Flemingsburg, Fleming County / Establish a Class I ALS ground ambulance service to serve Fleming County including inter-facility transfers to and from Fleming County Hospital as well as transfers from Fleming County Hospital to home / $564,000.00
CON #048-13-5895(1) / BGM, LLC / Harlan, Harlan County / Establish a Class I ALS/BLS ground ambulance service to serve Harlan County / $200,000.00

NEWSLETTER

Chart B
Certificate of Need * Applications Received
5/12/2018 through 6/15/2018
Name and Location / Project Description / Capital Cost / Date
Received
AMBULATORY SURGERY CENTER
Lexington Surgery Center
Lexington, Fayette County
CON #034-15-1656(4)
Christy Shelton
1451Harrodsburg Road, Suite 102
Lexington, KY 40504
(336) 312-9071 / Relocate an existing ambulatory surgery center from 1451 Harrodsburg Road Suite 102 to 2115 Harrodsburg Road / $11,892,026.00 / 05/30/2018
MAGNETIC RESONANCE IMAGING
Nicholasville Road MRI, LLC
Lexington, Fayette County
CON #034-15-5898(1)
Karen Amaya
5400 Kennedy Avenue
Cincinnati, OH 45213
(513) 924-5174 / Establish an MRI service / $324,800.00 / 05/23/2018
PERSONAL CARE FACILITY
Bluegrass Senior Living Somerset, LLC
Somerset, Pulaski County
CON #100-14-5899(1)
Todd Pinkston
9201 Bunsen Parkway
Louisville, KY 40250 / Establish a 72 bed personal care facility / $12,500,000.00 / 05/30/2018
Northfork Personal Care Home, LLC
Morehead, Rowan County
CON #103-09-5900(1)
Steven Williams
PO Box 361
Clearfield, KY 40313 / Establish a 22 bed personal care facility / $845,000.00 / 05/30/2018
NEWSLETTER
Chart C
ACTIONS SINCE LAST NEWSLETTER
5/12/2018 through 6/15/2018
Applicant / Project Description / Capital Cost / Action/ Date
APPROVAL
CON #056-06-5880(1)
Aegis Group Practice, LLC
Louisville, Jefferson County / Establish a rehabilitation agency / $199,200.00 / APPROVAL
(05/24/2018)
CON #056-06-5876(1)
Artis Senior Living of Louisville
Louisville, Jefferson County / Establish a 64 bed personal care facility / $13,244,753.00 / APPROVAL
(05/24/2018)
CON #034-15-757(48)
Baptist Health Lexington
Lexington, Fayette County / Add 43 acute care beds. Final CON Acute Care Bed (excluding special care neonatal beds) complement: 402 acute care beds / $14,409,353.00 / APPROVAL
(06/13/2018)
CON #073-01-525(39)
Baptist Health Paducah
Paducah, McCracken County / Convert six (6) Level II special care neonatal beds to six (6) Level III beds. Final CON Special Care Neonatal Bed complement: eight (8) Level II and six (6) Level III beds / $0.00 / APPROVAL
(06/13/2018)
CON #056-06-5870(1)
Buechel Fire Protection District Holding Company, Inc.
Louisville, Jefferson County / Establish a Class I ALS/BLS ground ambulance service to serve the Buechel Fire Protection District, those cities within the Buechel Fire Protection District, and an area limited to a 30-minute response time for 95% of the population served from 4101 Bardstown Road, Louisville, Kentucky, 40218. The service shall be limited to calls routed to Buechel by Louisville Metro Dispatch under the 911 system, any calls dispatched from any other Public Safety Answering Point or via a mutual aid request from another ambulance service. This limitation shall be included in the administrative record related to the application and if allowed be condition of licensure by the Kentucky Board of Emergency Medical Services. Buechel will not perform any non-emergency and/or scheduled transports, except in circumstances when Buechel receives a call from Louisville Metro Dispatch under the 911 system, any other PSAP or via a mutual aid request from another ambulance service and when Buechel has an available vehicle. Buechel also will not contract with any other fire department, fire protection district, or any municipalities (a) outside those cities within the Buechel Fire Protection District (b) outside of the Buechel Fire Protection District, and/or (c) not expressly listed in the Application, to provide Class I ALS/BLS ground ambulance services in Jefferson County, as set forth in the Joint Stipulations and Agreement, which are made a part of the record herein. / $297,667.00 / APPROVAL
(06/13/2018)
CON #007-13-5873(1)
Champion Physical Therapy Kentucky, LLC d/b/a ChampionPhysical Therapy Middlesboro
Middlesboro, Bell County / Establish a rehabilitation agency / $177,135.00 / APPROVAL
(05/24/2018)
CON #007-13-5875(1)
Champion Physical Therapy Kentucky, LLC d/b/a ChampionPhysical Therapy Pineville
Pineville, Bell County / Establish a rehabilitation agency / $195,623.00 / APPROVAL
(05/24/2018)
CON #100-14-5874(1)
Champion Physical Therapy Kentucky, LLC d/b/a ChampionPhysical Therapy Somerset
Somerset, Pulaski County / Establish a rehabilitation agency / $241,829.00 / APPROVAL
(05/24/2018)
CON #056-06-5883(1)
Concentra/UTC/Fern Valley
Louisville, Jefferson County / Establish an ambulatory care center / $595,000.00 / APPROVAL
(05/24/2018)
CON #047-05-5722(2)
Eye Surgery Center of Elizabethtown
Elizabethtown, Hardin County / Modify CON #047-05-5722(1), approved 2/2016 to establish an ambulatory surgery center limited to ophthalmic surgical procedures, by a relocation from 101 Financial Drive, Suite 200, to 1103 Tunnel Hill Road, Elizabethtown / $2,649,300.00 / APPROVAL
(05/24/2018)
CON #030-03-261(50)
Owensboro Health Regional Hospital
Owensboro, Daviess County / Convert four Level II Special Care Neonatal Beds to Level III. Final CON Special Care Neonatal Bed complement: 12 Level II and 8 Level III / $0.00 / APPROVAL
(06/13/2018)
CON #015-06-3736(3)
Physiotherapy Associates, Inc.
d/b/a KORT Physical Therapy
Shepherdsville, Bullitt County / Relocate a licensed rehabilitation agency from 189 Adam Shepherd Parkway to 1868 W Hebron Lane, Suite 100 / $612,699.00 / APPROVAL
(05/24/2018)
CON #118-13-5881(1)
PT Solutions Physical Therapy
Williamsburg, Whitley County / Establish a rehabilitation agency / $231,000.00 / APPROVAL
(05/24/2018)
CON #063-13-139(10)
Saint Joseph London
London, Laurel County / Convert six (6) acute care beds to six (6) Level II special care neonatal beds. Final CON bed complement: six (6) Level II beds special care neonatal beds, 144 acute care beds / $1,700,000.00 / APPROVAL
(06/13/2018)
CON #008-07-5314(2)
St. Elizabeth Florence
Florence, Boone County / Transfer 20 psychiatric beds to from St. Elizabeth Edgewood to St. Elizabeth Florence. Final CON bed complement: 20 general psychiatric beds / $3,325,400.00 / APPROVAL
(06/13/2018)
CON #056-06-5879(1)
The Little Clinic
Louisville, Jefferson County / Establish a limited service clinic / $342,450.00 / APPROVAL
(05/24/2018)
CON #034-15-5878(1)
The Polo Club Senior Living
Lexington, Fayette County / Establish a 138 bed personal care facility / $21,050,000.00 / APPROVAL
(05/24/2018)
CON #073-01-5793(2)
Total Energy Therapy LLC
Paducah, McCracken County / Modify CON #073-01-5793(1) approved 11/2016 to establish a rehabilitation agency by a relocation from 2830 Lone Oak Road, Suite 4 to 5150 Village Square Drive, Paducah and through a cost escalation of $189,000.00 / $189,000.00 / APPROVAL
(05/24/2018)
CON #034-15-472(75)
University of Kentucky Hospital
Lexington, Fayette County / Add 141 acute care beds. Final CON Acute Care Bed (excluding special care neonatal beds) complement: 795 acute care beds / $50,000,000.00 / APPROVAL
(06/13/2018)
DEFERRAL
CON #056-06-164(10)
Britthaven Nursing and Rehabilitation Center
Louisville, Jefferson County / Modify CON #056-06-164(9), approved 10/2014 to Relocate Kindred Nursing and Rehabilitation - Bashford from 3535 Bardstown Road to 5000 Chamberlain Lane, Jefferson County, by a relocation to 3700 Dutchmans Lane, Louisville. Final CON nursing facility bed complement: 122 nursing facility (NF) beds. / $16,089,065.00 / DEFERRAL
(05/18/2018)
CON #073-01-5115(21)
Professional Case Management of Kentucky, LLC d/b/aProfessional Case Management
Paducah, McCracken County / Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Program Act and/or the Radiation Exposure Compensation Act in Boyd, Carter, Elliott, Greenup and Lewis Counties / $0.00 / DEFERRAL
(05/16/2018)
CON #073-01-5115(18)
Professional Case Management of Kentucky, LLC d/b/aProfessional Case Management
Paducah, McCracken County / Establish a home health agency limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Program Act and the Radiation Exposure Compensation Act to serve Daviess County / $0.00 / DEFERRAL
(05/16/2018)
REVOCATION
CON #056-06-5822(1)
Golden Hats Adult Day Health Center
Louisville, Jefferson County / Establish an adult day health care program / $0.00 / REVOKED BY APPLICANT
(05/18/2018)
CON #109-14-4076(1)
Iasis Radiation Center of Campbellsville
Campbellsville, Taylor County / Establish a megavoltage radiation therapy service / $2,389,526.00 / REVOKED BY APPLICANT
(05/14/2018)
CON #007-13-4072(1)
Iasis Radiation Center of Pineville
Pineville, Bell County / Establish a megavoltage radiation therapy service / $2,399,492.00 / REVOKED BY APPLICANT
(05/14/2018)
WITHDRAWAL
CON #034-15-5891(1)
Concentra - Boardwalk
Lexington, Fayette County / Establish an ambulatory care center / $80,076.00 / WITHDRAWAL
(06/05/2018)
CON #056-06-5887(1)
Concentra - Broadway
Louisville, Jefferson County / Establish an ambulatory care center / $0.00 / WITHDRAWAL
(06/05/2018)
CON #034-15-5886(1)
Concentra - Dove Run
Lexington, Fayette County / Establish an ambulatory care center / $104,108.00 / WITHDRAWAL
(05/29/2018)
CON # 034-15-5888(1)
Concentra - Leestown
Lexington, Fayette County / Establish an ambulatory care center / $94,428.00 / WITHDRAWAL
(06/05/2018)
CON # 056-06-5889(1)
Concentra - Newburg Road
Louisville, Jefferson County / Establish an ambulatory care center / $0.00 / WITHDRAWAL
(06/05/2018)
CON # 057-15-5890(1)
Concentra - Nicholasville
Nicholasville, Jessamine County / Establish an ambulatory care center / $114,396.00 / WITHDRAWAL
(06/05/2018)

CHART D

ADVISORY OPINION

5/12/2018through 6/15/2018

Any affected persons who desire a public hearing on an advisory opinion must submit requests in writing to the Office of Health Policy, 275 East Main Street, 4WE, Frankfort, Kentucky, 40621, within thirty (30) days of the date of this notice. Affected persons will be notified of all scheduled hearings by mail or through public information channels.

Tracking # / Facility/Service / Proposal Summary / Decision and Date
AO-33-18 / Have a Heart Clinic / Have a Heart Foundation, Inc. to operate an outpatient cardiology clinic named Have a Heart Clinic to provide consultation and follow-up visits for patients who need cardiovascular care. Services will be provided by volunteer physicians specializing in cardiology, and their staff. / CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
06/11/2018

Ill-fitting

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