Title 900 | Chapter 005 | Regulation 020E
This emergency administrative regulation is necessary to update the State Health Plan to increase access to diagnostic cardiac catheterization procedures; increase access to Level III neonatal intensive care unit beds; and, consistent with changes in 900 KAR 6:075E filed concurrent with this regulation, grant nonsubstantive review status to certificate of need applications submitted by licensed health facilities: (1) seeking to establish a Class I ground ambulance service to provide nonemergency transport of individuals who are patients of the licensed health facility or a health facility under common ownership and the applicant agrees to the placement of certain restrictions on its proposed certificate of need and ground ambulance license; or (2) seeking to transfer acute care beds to a new facility in the same county if certain criteria are met. This emergency administrative regulation is deemed to be an emergency pursuant to KRS 13A.190(1)(a)1. in order to meet an imminent threat to public health, safety, and welfare. The State Health Plan was not updated with substantive changes to the review criteria during 2020 or 2021 due to the uncertainty created by the COVID-19 pandemic. The pandemic has significantly impacted and strained Kentucky’s healthcare system in unexpected ways. Updated changes to the State Health Plan are needed to immediately help promote access to healthcare across the state and to maintain consistency with the companion regulation filed concurrently, 900 KAR 6:075E, addressing nonsubstantive review of certificate of need applications. This emergency administrative regulation will be replaced by an ordinary administrative regulation in an effort to promote greater access to care across Kentucky, help provide relief to the commonwealth’s overburdened healthcare systems, and help prevent ongoing delays in nonemergency ambulance transportation. The companion ordinary administrative regulation is identical to this emergency administrative regulation.
900 KAR 5:020E.State Health Plan for facilities and services.
Section 1.
The(1)
Review a certificate of need application pursuant to KRS 216B.040; and(2)
Determine whether a substantial change to a health service has occurred pursuant to KRS 216B.015(29)(a) and 216B.061(1)(d).Section 2.
Incorporation by Reference.(1)
The "2022 Update to the(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Inspector General, Division of Certificate of Need, 275 East Main Street, 5E-A, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the Office of Inspector General's Web site at: https://chfs.ky.gov/agencies/os/oig/dcn/Pages/cn.aspx.This emergency administrative regulation is necessary to update the State Health Plan to increase access to diagnostic cardiac catheterization procedures; increase access to Level III neonatal intensive care unit beds; and, consistent with changes in 900 KAR 6:075E filed concurrent with this regulation, grant nonsubstantive review status to certificate of need applications submitted by licensed health facilities: (1) seeking to establish a Class I ground ambulance service to provide nonemergency transport of individuals who are patients of the licensed health facility or a health facility under common ownership and the applicant agrees to the placement of certain restrictions on its proposed certificate of need and ground ambulance license; or (2) seeking to transfer acute care beds to a new facility in the same county if certain criteria are met. This emergency administrative regulation is deemed to be an emergency pursuant to KRS 13A.190(1)(a)1. in order to meet an imminent threat to public health, safety, and welfare. The State Health Plan was not updated with substantive changes to the review criteria during 2020 or 2021 due to the uncertainty created by the COVID-19 pandemic. The pandemic has significantly impacted and strained Kentucky’s healthcare system in unexpected ways. Updated changes to the State Health Plan are needed to immediately help promote access to healthcare across the state and to maintain consistency with the companion regulation filed concurrently, 900 KAR 6:075E, addressing nonsubstantive review of certificate of need applications. This emergency administrative regulation will be replaced by an ordinary administrative regulation in an effort to promote greater access to care across Kentucky, help provide relief to the commonwealth’s overburdened healthcare systems, and help prevent ongoing delays in nonemergency ambulance transportation. The companion ordinary administrative regulation is identical to this emergency administrative regulation.