Cabinet for Health and Family Services Office of Health Policy 275 East Main Street, 4W-E

Cabinet For Health and Family Services

Office of Health Policy
275 East Main Street, 4W-E
Frankfort, Kentucky 40621
(502) 564-9592
FAX (502) 564-0302
www.chfs.ky.gov/ohp
Steven L. Beshear
Governor / Audrey Tayse Haynes
Secretary
Eric Friedlander
Acting Executive Director

CERTIFICATE OF NEED NEWSLETTER

October 15, 2015

STATE CLOSINGS

State offices will be closed on Wednesday, November 11, 2015 for Veterans Day.

REGULATIONS:

On October 14, 2015, the Office of Health Policy filed proposed amendments to the following regulations with LRC:

900 KAR 6:100. Certificate of need standards for implementation and biennial review.

900 KAR 7:030. Data reporting by health care providers.

You may view the amended regulations on OHP’s website at http://chfs.ky.gov/ohp/con/.

A public hearing on these administrative regulations shall, if requested, be held on November 23, 2015, at 9:00 a.m. in Conference Suite B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by November 16, 2015, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. You may submit written comments regarding this proposed administrative regulation until November 30, 2015. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, KY 40621, (502) 564-7905, Fax: (502) 564-7573, email address:

Update Regarding Revision of OHP Forms:

OHP has filed proposed revisions to the following forms: OHP-Form 2A, 8, 9, 10B, 3, 4 and 5. Please do not use the proposed revised OHP forms until the amended regulation 900 KAR 6:055 is in effect, which is anticipated to be late December 2015. Please contact OHP if you have questions regarding the effective date of the form revisions.

NOTICE OF PUBLIC HEARINGS

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

Thursday, November 5, 2015 at 9:00 a.m. in Conference Room B, Division of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Tracey Hitchcock

Maxim Healthcare Services (Louisville, Jefferson County) CON #056-06-3621(13), HSAHB CON 15-3600

Establish a private duty nursing service to serve Boone, Campbell, Carroll, Gallatin, Grant, Henry, Kenton, Owen, Pendleton and Trimble counties. Capital Expenditure: $200,000.00

Monday, November 16, 2015 and Tuesday, November 17, 2015 both days at 9:00 a.m. in the Second Floor Board Room, Health Services Building, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Maria Mier

Maxim Healthcare Services (Louisville, Jefferson County) CON #056-06-3621(12), HSAHB CON 15-3599

Establish a private duty nursing service to serve Allen, Barren, Breckenridge, Butler, Edmonson, Grayson, Larue, Logan, Hart, Meade, Simpson and Warren counties. Capital Expenditure: $200,000.00

Monday, November 23, 2015 and Tuesday, November 24, 2015 both days at 9:00 a.m. in Conference Room B, Division of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Cheryl Neff

Maxim Healthcare Services (Louisville, Jefferson County) CON #056-06-3621(11), HSAHB CON 15-3598

Establish a private duty nursing service to serve Anderson, Bourbon, Clark, Fayette, Franklin, Harrison, Jessamine, Madison, Mercer, Nelson, Rowan, Scott, Shelby, Spencer, Washington and Woodford counties. Capital Expenditure: $200,000.00

Monday, November 30, 2015 and Tuesday, December 1, 2015 both days at 9:00 a.m. in Conference Room B, Division of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Rebecca Baylous

Maxim Healthcare Services (Louisville, Jefferson County) CON #056-06-3621(14), HSAHB CON 15-3601

Establish a private duty nursing service to serve Christian, Daviess, Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Todd, Union and Webster counties. Capital Expenditure: $200,000.00

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 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 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 502/564-9592 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.

1

CON Public Notice 10/15/2015 CHART A

Non-Sub Review Proposals Scheduled for Decision November 19, 2015

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 November 19, 2015. 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.
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, 4WE, Frankfort, Kentucky 40621. All requests must be received within 10 days of this notice, or by October 25, 2015. 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
REHABILITATION AGENCY
CON #056-06-5708(1) / Baptist Health Physical Therapy at D1 / Louisville, Jefferson County / Establish a rehabilitation agency / $378,002.00
CON #019-07-5706(1) / Baptist Life Rehab / Alexandria, Campbell County / Establish a rehabilitation agency / $200,000.00

CON Public Notice 10/15/2015 CHART A

Formal Review Proposals Scheduled for Decision January 13, 2016

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 January 13, 2016. 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: D – Day Health Care Programs.
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, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by October 30, 2015. 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
DAY HEALTH CARE PROGRAM
CON #056-06-5705(1) / Años Dorados Adult Day Center / Louisville , Jefferson County / Establish an adult day health care program / $210,000.00
CON #056-06-5707(1) / Freedom Senior Share/Adult Day Care / Louisville, Jefferson County / Establish an adult day health care program / $84,000.00

NEWSLETTER

Chart B
Certificate of Need * Letters of Intent
9/12/2015 through 10/09/2015
Name and Location / Project Description / Date
Received
GROUND AMBULANCE SERVICE
Event Medical Team LLC
Richmond, Madison County
James Schallner
104 Gleneagles Blvd
Richmond, KY 40475
(918) 798-4606 / Establish a Class VI ALS non-transport ambulance service to serve events and construction sites in all counties in Kentucky / 10/01/2015
HOME HEALTH AGENCY
Dambridge Home Health Lexington
Lexington, Fayette County
Nana Boateng
656 Morgan Hills Drive
Lexington, KY 40505
(859) 813-4014 / To establish a home health agency to serve all counties in Kentucky / 10/05/2015

NEWSLETTER

Chart C
Certificate of Need * Applications Received
9/12/2015 through 10/09/2015
Name and Location / Project Description / Capital Cost / Date
Received
AMBULATORY SURGERY CENTER
Colorectal Surgical & Gastroenterology Associates, PSC Lexington, Fayette County
CON #034-15-5717(1)
Kathy Bethel
2620 Wilhite Drive
Lexington, KY 40503
(859) 278-6031 / Establish an ambulatory surgery center primarily providing upper and lower endoscopy procedures and outpatient colorectal procedures / $1,846,686.60 / 09/29/2015
Daybreak Operations, LLC
Edgewood, Kenton County
CON #059-07-5719(1)
Janet A. Craig, Esq.
250 W. Main Street, Suite 2300
Lexington, KY 40507
(859) 226-2377 / Establish an ambulatory surgery center / $140,020.00 / 09/30/2015
Eye Surgery Center of Elizabethtown
Elizabethtown, Hardin County
CON #047-05-5722(1)
Paul G. Klingensmith
519 State Street
New Albany, IN 47150
(812) 949-3442 / Establish an ambulatory surgery center limited to ophthalmic surgical procedures / $0.00 / 09/30/2015
Innovative Eye Surgery Center
Paducah, McCracken County
CON #073-01-5721(1)
Dave Hoffman
1130 Lone Oak Rd.
Paducah, KY 42003
(270) 210-9355 / Establish an ambulatory surgery center (ASC) limited to ophthalmic surgical procedures / $1,452,350.00 / 10/01/2015
Southern Kentucky Surgicenter
Bowling Green, Warren County
CON #114-04-5718(1)
Mike Sherrod
1801 Ashley Circle
Bowling Green, KY
42102(270) 793-5136 / Establish an ambulatory surgery center / $9,109,500.00 / 09/30/2015
Surgery on Sunday-Louisville, Inc.
Louisville, Jefferson County
CON #056-06-5711(1)
Dr. Erica R.H. Sutton
1506 Castlewood Ave.
Louisville, KY 40204
(502) 627-0514 / Establish an ambulatory surgery center to provide free outpatient surgery services in a host ambulatory surgery center (Baptist Eastpoint Ambulatory Surgery Center) / $0.00 / 09/23/2015
Surgery on Sunday-Louisville, Inc.
Louisville, Jefferson County
CON #056-06-5712(1)
Dr. Erica R.H. Sutton
1506 Castlewood Ave.
Louisville, KY 40204
(502) 627-0514 / Establish an ambulatory surgery center to provide free outpatient surgery services in a host ambulatory surgery center (Premier Surgery Center of Louisville) / $0.00 / 09/23/2015
Surgery on Sunday-Louisville, Inc.
Louisville, Jefferson County
CON #056-06-5713(1)
Dr. Erica R.H. Sutton
1506 Castlewood Ave.
Louisville, KY 40204
(502) 627-0514 / Establish an ambulatory surgery center to provide free outpatient surgery services in a host ambulatory surgery center (Dupont Surgery Center) / $0.00 / 09/23/2015
Surgery on Sunday-Louisville, Inc.
Louisville, Jefferson County
CON #056-06-5714(1)
Dr. Erica R.H. Sutton
1506 Castlewood Ave.
Louisville, KY 40204
(502) 627-0514 / Establish an ambulatory surgery center to provide free outpatient surgery services in a host ambulatory surgery center (Jewish Hospital Medical Center East) / $0.00 / 09/23/2015
CHEMICAL DEPENDENCY TREATMENT FACILITY
Bluegrass Horizon Treatment Facility
Campbellsville, Taylor County
CON #109-14-5720(1)
Jefra Bland Hines
451 Quisenberry Road
Campbellsville, KY 42718
(270) 403-3514 / Establish a twenty-four (24) bed chemical dependency treatment facility / $405,000.00 / 09/30/2015
HOSPITAL ACUTE CARE
Clark Regional Medical Center
Winchester, Clark County
CON #025-15-289(9)
Cherie Sibley
175 Hospital Drive
Winchester, KY 40391
(859) 745-3557 / Convert fifteen (15) acute care beds to psychiatric beds and to establish a geriatric psychiatric program / $200,000.00 / 09/30/2015
Norton Women's and Kosair Children's Hospital Louisville, Jefferson County
CON #056-06-475(30)
Mary Jo Bean
4967 US Hwy 42, Suite 100
Louisville, KY 40222
(502) 420-2244 / Convert four (4) acute care beds to special care Level II neonatal beds / $181,347.00 / 09/30/2015
NURSING FACILITY
King's Daughters Medical Center
Ashland, Boyd County
CON #010-10-022(52)
Lynn Ann Burnette
2201 Lexington Avenue
Ashland, KY 41101
(606) 408-0558 / Add ten (10) NF beds for a total of 20 NF beds by relocating 10 licensed NF beds from Kingsbrook Lifecare Center / $200,000.00 / 09/30/2015
PERSONAL CARE FACILITY
Exceptional Senior Living – Prospect, LLC
Prospect, Jefferson County
CON #056-06-5716(1)
Stacie L. Turner
1050 Chinoe #350
Lexington, KY 40502
(859) 255-0075 / Establish a sixty-five (65) bed PC facility / $12,519,121.00 / 09/28/2015
REHABILITATION AGENCY
Horn and Associates in Rehabilitation, PLLC
Lexington, Fayette County
CON #034-15-5709(1)
Donna G. Horn
2412 Greatstone Point
Lexington, KY 40504
(859) 224-4081 / Establish a rehabilitation agency / $0.00 / 09/18/2015
Horn and Associates in Rehabilitation, PLLC
Lexington, Fayette County
CON #034-15-5710(1)
Donna G. Horn
2412 Greatstone Point
Lexington, KY 40514
(859) 224-4081 / Establish a rehabilitation agency / $4,000.00 / 09/18/2015
Results Physiotherapy
Louisville, Jefferson County
CON #056-06-5715(1)
David Bromfield
800 Crescent Centre Drive, Suite 600
Franklin, TN 37067
(615) 373-1350 / Establish a rehabilitation agency / $460,541.00 / 09/25/2015
NEWSLETTER
Chart D
ACTIONS SINCE LAST NEWSLETTER
9/12/2015 through 10/09/2015
Applicant / Project Description / Capital Cost / Action/ Date
APPROVALS
CON #056-06-5696(1)
Children's Therapy Center, PSC
Louisville, Jefferson County / Establish a rehabilitation agency / $327,600.00 / APPROVAL
(09/24/2015)
CON #076-15-5695(1)
Dominion Senior Living of Richmond
Richmond, Madison County / Establish an eighty-four bed (84) personal care facility / $8,055,000.00 / APPROVAL
(09/24/2015)
CON #076-15-5697(1)
Family Choice Care Home, LLC
Richmond, Madison County / Establish a rehabilitation agency / $67,200.00 / APPROVAL
(09/24/2015)
CON #025-15-5698(1)
Hospice East
Winchester, Clark County / Establish a mobile health service to provide services similar to the CMS Independence at Home demonstration project that include the provision of primary care and supportive services, as well as services to meet the new CMS benefit for case management and palliative care for chronically ill patients in their homes in Clark, Montgomery and Powell Counties / $65,225.00 / APPROVAL