216B.020 Certificate of need -- Exemptions -- Requirements for issuance of certificate of need. - Kentucky Statutes

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216B.020 Certificate of need -- Exemptions -- Requirements for issuance of certificate of need. (1) The provisions of this chapter that relate to the issuance of a certificate of need shall not apply to abortion facilities as defined in KRS 216B.015; any hospital which
does not charge its patients for hospital services and does not seek or accept
Medicare, Medicaid, or other financial support from the federal government or any
state government; assisted living residences; family care homes; state veterans'
nursing homes; services provided on a contractual basis in a rural primary-care
hospital as provided under KRS 216.380; community mental health centers for
services as defined in KRS Chapter 210; primary care centers; rural health clinics;
private duty nursing services licensed as nursing pools; group homes; end stage
renal disease dialysis facilities, freestanding or hospital based; swing beds; special
clinics, including, but not limited to, wellness, weight loss, family planning,
disability determination, speech and hearing, counseling, pulmonary care, and other
clinics which only provide diagnostic services with equipment not exceeding the
major medical equipment cost threshold and for which there are no review criteria
in the state health plan; nonclinically-related expenditures; nursing home beds that
shall be exclusively limited to on-campus residents of a certified continuing care
retirement community; the relocation of hospital administrative or outpatient
services into medical office buildings which are on or contiguous to the premises of
the hospital; residential hospice facilities established by licensed hospice programs;
or the following health services provided on site in an existing health facility when
the cost is less than six hundred thousand dollars ($600,000) and the services are in
place by December 30, 1991: psychiatric care where chemical dependency services
are provided, level one (1) and level two (2) of neonatal care, cardiac
catheterization, and open heart surgery where cardiac catheterization services are in
place as of July 15, 1990. The provisions of this section shall not apply to nursing
homes, personal care homes, intermediate care facilities, and family care homes; or
nonconforming ambulance services as defined by administrative regulation. These
listed facilities or services shall be subject to licensure, when applicable. (2) Nothing in this chapter shall be construed to authorize the licensure, supervision, regulation, or control in any manner of:
(a) Private offices and clinics of physicians, dentists, and other practitioners of the healing arts, except any physician's office that meets the criteria set forth
in KRS 216B.015(4); (b) Office buildings built by or on behalf of a health facility for the exclusive use of physicians, dentists, and other practitioners of the healing arts; unless the
physician's office meets the criteria set forth in KRS 216B.015(4), or unless
the physician's office is also an abortion facility as defined in KRS 216B.015,
except no capital expenditure or expenses relating to any such building shall
be chargeable to or reimbursable as a cost for providing inpatient services
offered by a health facility; (c) Dispensaries and first-aid stations located within business or industrial establishments maintained solely for the use of employees, if the facility does not contain inpatient or resident beds for patients or employees who generally
remain in the facility for more than twenty-four (24) hours; (d) Establishments, such as motels, hotels, and boarding houses, which provide domiciliary and auxiliary commercial services, but do not provide any health
related services and boarding houses which are operated by persons
contracting with the United States Veterans Administration for boarding
services; (e) The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely upon treatment by prayer
or spiritual means in accordance with the creed or tenets of any recognized
church or religious denomination and recognized by that church or
denomination; and (f) On-duty police and fire department personnel assisting in emergency situations by providing first aid or transportation when regular emergency
units licensed to provide first aid or transportation are unable to arrive at the
scene of an emergency situation within a reasonable time. (3) An existing facility licensed as skilled nursing, intermediate care, or nursing home shall notify the cabinet of its intent to change to a nursing facility as defined in
Public Law 100-203. A certificate of need shall not be required for conversion of
skilled nursing, intermediate care, or nursing home to the nursing facility licensure
category. (4) Notwithstanding any other provision of law to the contrary, dual-license acute care beds licensed as of December 31, 1995, and those with a licensure application filed
and in process prior to February 10, 1996, may be converted to nursing facility beds
by December 31, 1996, without applying for a certificate of need. Any dual-license
acute care beds not converted to nursing facility beds by December 31, 1996, shall,
as of January 1, 1997, be converted to licensed acute care beds. (5) Notwithstanding any other provision of law to the contrary, no dual-license acute care beds or acute care nursing home beds that have been converted to nursing
facility beds pursuant to the provisions of subsection (3) of this section may be
certified as Medicaid eligible after December 31, 1995, without the written
authorization of the secretary. (6) Notwithstanding any other provision of law to the contrary, total dual-license acute care beds shall be limited to those licensed as of December 31, 1995, and those with
a licensure application filed and in process prior to February 10, 1996. No acute
care hospital may obtain a new dual license for acute care beds unless the hospital
had a licensure application filed and in process prior to February 10, 1996. (7) Ambulance services owned and operated by a city government, which propose to provide services in coterminous cities outside of the ambulance service's designated
geographic service area, shall not be required to obtain a certificate of need if the
governing body of the city in which the ambulance services are to be provided
enters into an agreement with the ambulance service to provide services in the city. (8) Notwithstanding any other provision of law, a continuing care retirement community's nursing home beds shall not be certified as Medicaid eligible unless a
certificate of need has been issued authorizing applications for Medicaid
certification. The provisions of subsection (3) of this section notwithstanding, a
continuing care retirement community shall not change the level of care licensure
status of its beds without first obtaining a certificate of need. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 102, sec. 1, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 264, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 582, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 299, sec. 1,
effective July 15, 1996; ch. 351, sec. 2, effective July 15, 1996; and ch. 371, sec. 38,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 24, effective
July 15, 1994.