Certificate of Need Newsletter, April 2020



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| |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 | |

| | | |

|Andy Beshear | |Eric C. Friedlander |

|Governor | |Acting Secretary |

| | | |

| | |Adam Mather |

| | |Inspector General |

CERTIFICATE OF NEED NEWSLETTER

APRIL 16, 2020

PROPOSED 2020-2022 STATE HEALTH PLAN

900 KAR 5:020, 2020-2022 State Health Plan was filed on April 3, 2020.  A copy the regulation and the proposed State Health Plan can be obtained by contacting the Division Certificate of Need by calling (502) 564-9592 or emailing CON@.

Changes to the State Health Plan (SHP) include the following:

• Adds language to establish a temporary waiver of certain certificate of need requirements as authorized by an Executive Order during a State of Emergency declared as the result of a public health crisis;

• Adds language to clarify the prohibition against transferring public intermediate care facility for individuals with an intellectual disability (ICF/IID) beds to a private ICF/IID;

• Revises the language to clarify that the addition of a cardiac catheterization program at a hospital shall be based on the existing program’s utilization, rather than a specific laboratory’s utilization; and

• Revises the language to enable a Kentucky-licensed acute care hospital to establish an ambulatory surgical center in the same county as the hospital.

A public hearing on this administrative regulation shall, if requested, be held on June 22, 2020, at 9:00 a.m. in Suites A & B, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky, 40621. Individuals interested in attending this hearing shall notify the cabinet in writing by June 15, 2020, 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. This hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made.

If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until June 30, 2020. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to Donna Little, Deputy Executive Director, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, KY 40621; Phone: 502-564-6746; Fax: 502-564-7091; email CHFSregs@.

EMERGENCY SERVICES RELATED TO THE COVID-19 CRISIS

For the provision of emergency services related to the COVID-19 crisis, the Division of Certificate of Need will temporarily use the Covid-19 Emergency Notification Form which will can be obtained by calling (502) 564-9592 or emailing CON@. Emergency circumstances that are not related to the COVID-19 crisis should continue to follow the guidelines in 900 KAR 6:080.

CANCELLATION OF IN-PERSON GOVERNMENT SERVICES TO THE PUBLIC

For purposes of maintaining social distancing under the CDC guidelines and to promote the health and well-being of the general public to reduce the community spread of disease, and as a follow-up to prior protocols ordering government agencies to reduce staffing and Governor Beshear's Executive Order 2020-215, declaring a State of Emergency in response to 2019 Novel Coronavirus (COVID-19), and pursuant to KRS Chapter 39A, and to ensure that persons and groups disperse from the scene of the emergency, and to promote and secure the safety and protection of the civilian population, please be advised of the following:

All Kentucky Cabinets are required to cease providing in-person government services to the public beginning at 5:00 p.m. on March 17, 2020, with limited exceptions.

The Division of Certificate of Need will be staffed to answer phone calls and receive filings that are submitted via mail, fax or email. No in-person filings will be permitted.

All filings must be received in the office by close of business (4:30 p.m. EST) on the due date.

NO CERTIFICATE OF NEED HEARINGS WILL BE HELD UNTIL FURTHER NOTICE

CON Public Notice 04/16/2020 CHART A

Non-Sub Review Proposals Scheduled for Decision May 21, 2020

|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 on May 21, 2020. 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 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 10 days of this notice, or by April 26, 2020. |

| |

|WHILE HEARING REQUESTS ON NON-SUB REVIEW APPLICATIONS IN THIS PUBLIC NOTICE ARE DUE BY CLOSE OF BUSINESS ON APRIL 26, 2020, NO HEARINGS WILL BE SCHEDULED UNTIL FURTHER NOTICE. DECISION DATES MAY BE WAIVED BY THE |

|CABINET. |

| |

|Number |Name |Location |Project Description |Project Cost |

|ADULT DAY HEALTH CARE PROGRAM |

|CON #056-06-3501(2) |South West YMCA Adult Day Health Care Center |Louisville, Jefferson County |Relocate a licensed adult day health care facility from |$210,000.00 |

| | | |2800 Fordhaven Road to 1517 Crums Lane, Louisville | |

|CON #056-06-5970(1) |RK ADC, LLC dba Gathering Club |Louisville, Jefferson County |Establish an adult day health care program |$132,000.00 |

|CON #056-06-5983(1) |Good 2 B Home Adult Day Healthcare, LLC |Louisville, Jefferson County |Establish an adult day health care program |$270,946.00 |

|AMBULATORY SURGERY CENTER |

|CON #059-07-5719(2) |Daybreak Operations |Edgewood, Kenton County |Relocate a licensed ambulatory surgery center from |$21,284,590.00 |

CON Public Notice 04/16/2020 CHART A

Formal Review Proposals Scheduled for Decision July 15, 2020

|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 on July 15, 2020. 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: A – Organ Transplantation, Positron Emission Tomography Equipment, Megavoltage Radiation Equipment, Cardiac Catheterization, Open Heart Surgery, Psychiatric Residential Treatment Facility I and II, and |

|New Technological Developments. |

| |

|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 by May 1, 2020. 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. |

| |

|WHILE HEARING REQUESTS ON FORMAL REVIEW APPLICATIONS IN THIS PUBLIC NOTICE ARE DUE BY CLOSE OF BUSINESS ON MAY 1, 2020, NO HEARINGS WILL BE SCHEDULED UNTIL FURTHER NOTICE. DECISION DATES MAY BE WAIVED BY THE CABINET. |

|Number |Name |Location |Project Description |Project Cost |

| |

|THERE ARE NO FORMAL REVIEW APPLICATIONS ON THE APRIL 16, 2020 PUBLIC NOTICE |

NEWSLETTER

|Chart B |

|Certificate of Need * Applications Received |

|03/14/2020 through 04/10/2020 |

|Name and Location |Project Description |Capital Cost |Date |

| | | |Received |

|HOME HEALTH AGENCY |

|TLC Home Health Services |Establish a home health agency to serve Boone and Campbell Counties |$3,000.00 |03/30/2020 |

|Butler, Pendleton County | | | |

|CON #096-07-5985(1) | | | |

|Eleanor Young, BSN | | | |

|13180 Ky. 9 | | | |

|Foster, KY 41043 | | | |

|(859) 444-7993 | | | |

|NURSING FACILITY |

|LaGrange Health Campus |Establish a 35 bed nursing facility and 41 personal care beds by relocating 25 NF|$10,077,022.00 |04/01/2020 |

|LaGrange, Oldham County |beds from The Springs at Stony Brook, Jefferson County, and 10 NF beds from | | |

|CON #093-06-5987(1) |Forest Springs Health Campus, Jefferson County. | | |

|Kathy Corbin | | | |

|303 N. Hurstbourne Parkway, Suite 200 | | | |

|Louisville, KY 40222 | | | |

|LP Louisville Hospital South, LLC d/b/a Signature Healthcare at U of |Add six (6) nursing facility beds by transferring six (6) NF beds from Signature |$157,000.00 |04/01/2020 |

|L |Healthcare at Glenview (Emergency Circumstances). Final CON bed complement: 26 NF| | |

|Mary & Elizabeth Hospital |beds. | | |

|Louisville, Jefferson County | | | |

|CON #056-06-5521(2) | | | |

| | | | |

|Lisa English Hinkle | | | |

|201 East Main Street, Suite 900 | | | |

|Lexington, KY 40507 | | | |

|LP Radcliff, LLC d/b/a Signature Healthcare at North Hardin Rehab & |Convert 16 personal care beds to 16 nursing facility beds (Emergency |$150,000.00 |04/01/2020 |

|Wellness Center |circumstances). Final CON complement: 0 PC beds, 164 NF beds | | |

|Radcliff, Hardin County | | | |

|CON #047-05-1951(7) | | | |

|Lisa English Hinkle | | | |

|201 East Main Street, Suite 900 | | | |

|Lexington, KY 40507 | | | |

|PERSONAL CARE FACILITY |

|Cedarhurst of Nicholasville |Modify CON #057-15-5940(1), approved 8/2019 to establish a 90 bed personal care |$5,715,000.00 |03/26/2020 |

|Nicholasville, Jessamine County |facility, through a cost escalation in the amount of $5,715,000. Total project | | |

|CON #057-15-5940(2) |cost: $16,715,000 | | |

|Brett Travers | | | |

|300 Hunter Avenue, Suite 200 | | | |

|Saint Louis, MO 63124 | | | |

|Peridot Senior Living (Operations & Management Company) |Establish a 20 bed personal care home |$2,162,000.00 |03/30/2020 |

|Elizabethtown, Hardin County | | | |

|CON #047-05-5986(1) | | | |

| | | | |

|Chad Castle | | | |

|3076 Sakari Circle | | | |

|Spring Hill, TN 37174 | | | |

|(812) 305-7316 | | | |

|NEWSLETTER |

|Chart C |

|ACTIONS SINCE LAST NEWSLETTER |

| |03/14/2020 through 04/10/2020 |

| |Applicant |Project Description |Capital Cost |Action/ Date |

|APPROVAL |

|CON #034-15-5962(1) |Establish a Class II BLS ground ambulance service to provide inter-facility |$212,400.00 |APPROVAL |

|Baptist Health Lexington Ambulance Service |transportation for patients discharged from Baptist Health Lexington to next level care | |(03/18/2020) |

|Lexington, Fayette County |facilities or to home residences based on medical necessity. | | |

|CON #007-13-5967(1) |Establish an adult day health care program |$140,000.00 |APPROVAL |

|Bluegrass Adult Care, LLC | | |(03/26/2020) |

|Middlesboro, Bell County | | | |

|CON #056-06-5966(1) |Establish an adult day health care program |$105,000.00 |APPROVAL |

|East End Health Club, LLC | | |(03/18/2020) |

|Louisville, Jefferson County | | | |

|CON #114-04-5892(2) |Modify CON #114-04-5892(1), approved 7/2018 to establish an adult day health care |$390,200.00 |APPROVAL |

|Encore of Bowling Green ADHC LLC |facility, by a change of location from 610 Cave Mill Road to 102 Bookstore Way, Bowling | |(03/26/2020) |

|Bowling Green, Warren County |Green, and through a cost escalation in the amount of $390,200 | | |

|CON #073-01-5115(28) |Establish a private duty nursing service limited to patients entitled to health benefits |$60,000.00 |APPROVAL |

|Professional Case Management of Kentucky, LLC d/b/a Professional Case |under the Energy Employees Occupational Illness Compensation Program Act and/or the | |(03/26/2020) |

|Management |Radiation Exposure Compensation Act in Boyd, Carter, Greenup and Lewis Counties | | |

|Paducah, McCracken County | | | |

|CON #059-07-740(19) |Convert six (6) acute care (tb) beds to psychiatric beds and convert 38 chemical |$200,000.00 |APPROVAL |

|SUN Behavioral Health |dependency beds to psychiatric beds. Final CON bed complement: 48 chemical dependency | |(03/18/2020) |

|Erlanger, Kenton County |beds, 149 psychiatric beds | | |

|CON #025-15-5964(1) |Establish an 83 bed personal care facility |$12,826,960.00 |APPROVAL |

|Winchester Senior Living | | |(03/26/2020) |

|Winchester, Clark County | | | |

|DISAPPROVED |

|CON #036-11-5960(1) |Establish a Class I ALS/BLS ground ambulance to serve Floyd County |$407,274.00 |DISAPPROVAL |

|Emergent Care EMS | | |(03/18/2020) |

|Prestonsburg, Floyd County | | | |

|DEFERRED |

|CON #056-06-5970(1) |Establish an adult day health care program |$132,000.00 |DEFERRED |

|RK ADC, LLC dba Gathering Club | | |(03/17/2020) |

|Louisville, Jefferson County | | | |

|EMERGENCY CIRCUMSTANCE |

|Maxim Healthcare Services, Inc. |Alleviation of emergency circumstances in Pulaski County through the provision of private|NA |APPROVAL |

|Lexington, Fayette County |duty nursing services for one additional pediatric patient, identified as #632163 | |(03/20/2020) |

|Maxim Healthcare Services, Inc. |Alleviation of emergency circumstances in Whitley County through the provision of private|NA |APPROVAL |

|Lexington, Fayette County |duty nursing services for one additional pediatric patient, identified as #632161 | |(03/20/2020) |

|Signature Healthcare at North Hardin Rehab & Wellness |Alleviation of emergency circumstances due to COVID-19 emergency through the conversion |NA |APPROVAL |

|Radcliff, Hardin County |of 16 personal care beds to 16 nursing facility beds to establish a distinct unit to | |(04/03/2020) |

| |address the needs of patients infected with the COVID-19 virus, including patients | | |

| |transferred from other facilities | | |

|Signature Healthcare at U of L Mary and Elizabeth Hospital |Alleviation of emergency circumstances due to COVID-19 emergency through the conversion |NA |APPROVAL |

|Louisville, Jefferson County |of 6 nursing facility beds from Signature Healthcare at Glenview to Signature Healthcare | |(04/03/2020) |

| |at U of L Mary and Elizabeth Hospital | | |

|REVOKED |

|CON #009-15-1464(13) |Convert five acute care beds to five adult psychiatric beds. Final CON bed complement: |$7,957,588.00 |REVOKED PER APPLICANT |

|Bourbon Community Hospital |twenty (20) acute care beds, twenty-five (25) general psychiatric beds. and thirteen (13)| |REQUEST |

|Paris, Bourbon County |adult psychiatric beds | |(03/20/2020) |

CHART D

ADVISORY OPINION

3/14/2020 through 04/10/2020

Any affected persons who desire a public hearing on an advisory opinion must submit requests in writing to the Office of Inspector General, Division of Certificate of Need, 275 East Main Street, 5EA, 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 |

| | | | |

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Ill-fitting

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