216B.061 Actions requiring certificates of need -- Prohibitions against dividing
403 words·~2 min read·
/ky/216b-061A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
projects to evade expenditure minimums and against ex parte contacts --
Ambulatory surgical centers.
(1)Unless otherwise provided in this chapter, no person shall do any of the following
without first obtaining a certificate of need:
(a)Establish a health facility;
(b)Obligate a capital expenditure which exceeds the capital expenditure
minimum;
(c)Make a substantial change in the bed capacity of a health facility;
(d)Make a substantial change in a health service;
(e)Make a substantial change in a project;
(f)Acquire major medical equipment;
(g)Alter a geographical area or alter a specific location which has been
designated on a certificate of need or license;
(h)Transfer an approved certificate of need for the establishment of a new health
facility or the replacement of a licensed facility.
(2)No person shall separate portions of a single project into components in order to
evade any expenditure minimum set forth in this chapter. For purposes of this
chapter, the acquisition of one
(1)or more items of functionally related diagnostic
or therapeutic equipment shall be considered as one
(1)project.
(3)No person shall have ex parte contact with the final-decision-making authority
engaged in certificate of need activities regarding a certificate-of-need application
from the commencement of the review cycle to the final decision. If an ex parte
contact occurs, it shall be promptly made a part of the record.
(4)No person shall obligate a capital expenditure in excess of the amount authorized by
an existing certificate of need unless the person has received an administrative
escalation from the cabinet as prescribed by regulation.
(5)No person shall proceed to obligate a capital expenditure under an approved
certificate of need if there has been a substantial change in the project.
(6)A certificate of need shall be issued for a specific location and, when applicable, for
a designated geographical area.
(7)No person shall establish an ambulatory surgical center as defined in KRS
216B.015 without obtaining a certificate of need. An ambulatory surgical center
shall require a certificate of need and license, notwithstanding any exemption
contained in KRS 216B.020.
(8)Nothing in this chapter shall be interpreted to require any ambulatory surgical center
licensed as of July 12, 2012, to obtain a certificate of need to continue operations
and exercise all of the rights of a licensed health care facility, regardless of whether
it obtained a certificate of need before being licensed.