Certificate of Need Newsletter, January 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

JANUARY 16, 2020

UPCOMING STATE HOLIDAY CLOSINGS

State offices will be closed on Monday, January 20, 2020 in observance of Martin Luther King Jr. Day.

900 KAR 6:075E and 6:075 CERTIFICATE OF NEED NONSUBSTANTIVE REVIEW

On January 2, 2020, the Division of Certificate of Need filed 900 KAR 6:075E and 6:075, Certificate of need nonsubstantive review.   The emergency regulation pertains to CON requirements for ground ambulance providers

A public hearing on 900 KAR 6:075 shall be held on March 23, 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 March 16, 2020, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend 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 March 31, 2020.

Send written comments on the proposed administrative regulation, to:  Donna Little, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, KY  40601, phone  502-564-7091, fax:  502-564-6746, email CHFSregs@.

NOTICE OF PUBLIC HEARINGS

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

Thursday, February 13, 2020 and Friday, February 14, 2020 both days at 9:00 a.m. in Conference Room B, Administrative Hearings Branch, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Cheryl Neff

Baptist Health Lexington Ambulance Service (Lexington, Fayette County) CON #034-15-5962(1), HSAHB CON 20-002

Establish a Class II BLS ground ambulance service to provide inter-facility transports for patients discharged from Baptist Health Lexington to next level care facilities or to home residences based on medical necessity. Capital Expenditure: $212,400.00

Monday, February 24, 2020 and Tuesday, February 25, 2020 both days at 9:00 a.m. in Conference Room B, Administrative Hearings Branch, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Sam Short

Emergent Care EMS (Prestonsburg, Floyd County) CON #036-11-5960(1), HSAHB CON 20-001

Establish a Class I ALS/BLS ground ambulance service to serve Floyd County.

Capital Expenditure: $407,274.00

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 of Inspector General, Division of Certificate of Need, 275 East Main Street 5E-A, 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 Inspector General, Division of Certificate of Need at 502/564-9592 or through our website. 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.

CON Public Notice 01/16/2020 CHART A

Non-Sub Review Proposals Scheduled for Decision February 20, 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 February 20, 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 January 26, 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. |

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

|ADULT DAY HEALTH CARE PROGRAM |

|CON #056-06-5966(1) |East End Health Club, LLC |Louisville, Jefferson County |Establish an adult day health care program |$105,000.00 |

|MEGAVOLTAGE RADIATION THERAPY (LINEAR ACCELERATOR) |

|CON #024-02-733(18) |Jennie Stuart Medical Center |Hopkinsville, Christian County |Replace linear accelerator which has been in service for |$2,604,750.00 |

| | | |five years or more | |

|CON #081-08-5554(2) |Meadowview Cancer Center |Maysville, Mason County |Replace linear accelerator which has been in service for |$7,377,014.00 |

| | | |five years or more | |

|PERSONAL CARE FACILITY |

|CON #056-06-5934(2) |Dominion Senior Living of Louisville |Louisville, Jefferson County |Modify CON #056-06-5934(1), approved 7/2019 to establish a|$0.00 |

| | | |56 bed personal care facility through the addition of 24 | |

| | | |personal care beds. Total CON PC bed complement: 80 PC | |

| | | |beds | |

|PRESCRIBED PEDIATRIC EXTENDED CARE |

|CON #059-07-5965(1) |Redwood School and Rehab Inc. |Hebron, Boone County |Establish a prescribed pediatric extended care facility |$619,000 |

|PRIVATE DUTY NURSING |

|CON #073-01-5115(27) |Professional Case Management of Kentucky, LLC d/b/a/ |Paducah, McCracken County |Establish a private duty nursing service limited to |$60,000.00 |

| |Professional Case Management | |patients entitled to health benefits under the Energy | |

| | | |Employees Occupational Illness Compensation Program Act | |

| | | |and/or the Radiation Exposure Compensation Act in Ballard,| |

| | | |Caldwell, Carlisle, Fulton, Hickman, Livingston and Trigg | |

| | | |counties | |

CON Public Notice 01/16/2020 CHART A

Formal Review Proposals Scheduled for Decision April 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 April 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 January 31, 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. |

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

|MEGAVOLTAGE RADIATION THERAPY |

|CON #073-01-287(51) |Mercy Health – Lourdes Hospital |Paducah, McCracken County |Establish a megavoltage radiation therapy service |$11,697,141.00 |

NEWSLETTER

|Chart B |

|Certificate of Need * Applications Received |

|12/14/2019 through 01/10/2020 |

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

| | | |Received |

|ADULT DAY HEALTH CARE PROGRAM |

|Bluegrass Adult Care, LLC |Establish an adult day health care program |$100,800.00 |12/20/2019 |

|Middlesboro, Bell County | | | |

|CON #007-13-5967(1) | | | |

|Sherrill W. King | | | |

|204 Arthur Heights | | | |

|Middlesboro, KY 40965 | | | |

|(606) 269-4729 | | | |

|Encore of Bowling Green ADHC LLC |Modify CON #114-04-5892(1), approved 7/2018 to establish an adult day health care|$412,200.00 |12/16/2019 |

|Bowling Green, Warren County |facility, by a change of location from 610 Cave Mill Road to 102 Bookstore Way, | | |

|CON #114-04-5892(2) |Bowling Green, and through a cost escalation in the amount of $412,200 | | |

|Inna Frimerman | | | |

|2432 Regency Road, Suite 200 | | | |

|Lexington, KY 40503 | | | |

|RK ADC, LLC dba Gathering Club |Establish an adult day health care program |$0.00 |12/30/2019 |

|Louisville, Jefferson County | | | |

|CON #056-06-5970(1) | | | |

|Andrea Ghooray, MSSW | | | |

|4940 Hazelwood Avenue | | | |

|Louisville, KY 40214 | | | |

|(502) 368-3937 | | | |

|HOME HEALTH AGENCY |

|Family Home Health Care LLC dba Amedisys Home Health |Expand home health services to Wayne County |$0.00 |12/23/2019 |

|Columbia, Adair County | | | |

|CON #100-14-1872(58) | | | |

|Keith Hambrick | | | |

|7008 Orchard Path Drive | | | |

|Clemmons, NC 27012 | | | |

|(336) 978-7925 | | | |

|Independence Assistance Services of the Bluegrass d/b/a Independence |Establish a home health agency to serve Fayette County |$104,440.00 |12/30/2019 |

|Assistance Home Health | | | |

|Lexington, Fayette County | | | |

|CON #034-15-5971(1) | | | |

|Clelland R. Gash | | | |

|343 Waller Avenue, Suite 305 | | | |

|Lexington, KY 40504 | | | |

|(859) 303-4040 | | | |

|NURSING FACILITY |

|Clinton Place |Add three nursing facility (NF) beds by transferring three NF beds from Green |$11,550.00 |12/26/2019 |

|Clinton, Hickman County |Acres Health Care Inc. in Mayfield, Graves County. Final CON NF bed complement: | | |

|CON #053-01-247(17) |91 NF beds. | | |

|Samantha Cogar | | | |

|2100 Millvale Road | | | |

|Louisville, KY 40205 | | | |

|LP E-town, LLC d/b/a Signature Healthcare of Elizabethtown |Modify CON #047-05-831(7), approved 2/2016 to construct a replacement facility |$396,900.00 |12/26/2019 |

|Elizabethtown, Hardin County |and relocate Signature Healthcare of Elizabethtown from 1117 Woodland Drive to | | |

|CON #047-05-831(8) |430 Robinbrooke Boulevard, Elizabethtown, through the addition of 12 NF beds from| | |

|Jessica Thacker |LP Radcliff, LLC d/b/a Signature Healthcare at North Hardin Rehab and Wellness | | |

|12201 Bluegrass Parkway |Center (Hardin County), and a cost escalation in the amount of $396,900. Final | | |

|Louisville, KY 40299 |CON NF bed complement: 124 NF beds | | |

|Mills Nursing and Rehabilitation |Add six nursing facility (NF) beds by transferring six NF beds from Green Acres |$22,633.00 |12/26/2019 |

|Mayfield, Graves County |Health Care Inc. in Mayfield, Graves County. Final CON NF bed complement: 104 NF | | |

|CON #042-01-080(6) |beds. | | |

|Samantha Cogar | | | |

|2100 Millvale Road Suite 100 | | | |

|Louisville, KY 42066 | | | |

|Sayre Christian Village Nursing Home, Inc. |Add 34 nursing facility (NF) beds by relocating all of Rose Manor Rest Home's 34 |$200,000.00 |12/26/2019 |

|Lexington, Fayette County |NF beds. Final NF CON bed complement: 153 NF beds. | | |

|CON #034-15-1303(7) | | | |

|Karen Venis | | | |

|3775 Belleau Wood Drive | | | |

|Lexington, KY 40517 | | | |

|(859) 271-9000 | | | |

|Stonecreek Health and Rehabilitation |Add four nursing facility (NF) beds by transferring four NF beds from Green Acres|$15,245.00 |12/26/2019 |

|Paducah, McCracken County |Health Care Inc. in Mayfield, Graves County. Final CON NF bed complement: 90 NF | | |

|CON #073-01-363(9) |beds. | | |

|Samantha Cogar | | | |

|2100 Millvale Road Suite 100 | | | |

|Louisville, KY 42001 | | | |

|The Willows at Harrodsburg |Relocate two NF beds from The Willows at Citation, Fayette County, to The Willows|$35,000.00 |12/27/2019 |

|Harrodsburg, Mercer County |at Harrodsburg, Mercer County. Final CON NF bed complement: 36 NF beds | | |

|CON #084-15-1071(8) | | | |

|Kathy Corbin | | | |

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

|Louisville , KY 40222 | | | |

|PRIVATE DUTY NURSING |

|Professional Case Management of Kentucky, LLC d/b/a Professional Case|Establish a private duty nursing service limited to patients entitled to health |$60,000.00 |01/02/2020 |

|Management |benefits under the Energy Employees Occupational Illness Compensation Program Act| | |

|Paducah, McCracken County |and/or the Radiation Exposure Compensation Act in Boyd, Carter, Greenup and Lewis| | |

|CON #073-01-5115(28) |Counties | | |

|Peter L. Thurman, Jr. | | | |

|3500 PNC Tower, 101 South Fifth Street | | | |

|Louisville, KY 40202 | | | |

|(502) 587-3582 | | | |

|NEWSLETTER |

|Chart C |

|ACTIONS SINCE LAST NEWSLETTER |

| |12/14/2019 through 01/10/2020 |

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

|APPROVAL |

|CON #056-06-5916(2) |Establish a Class I ALS/BLS ground ambulance to serve the Fern Creek Fire Protection |$626,944.00 |APPROVAL |

|Fern Creek Fire & EMS |District and all of Jefferson County. The service shall be limited to calls routed to | |(12/18/2019) |

|Louisville, Jefferson County |Fern Creek by Louisville Metro Dispatch under the 911 system, any calls dispatched from | | |

| |any other Public Safety Answering Point, or via a mutual aid request from another | | |

| |ambulance service, pursuant to and contingent upon the stipulations agreed to and entered| | |

| |into the record. | | |

|CON #056-06-5925(1) |Establish a Class I ALS/BLS ground ambulance service to serve all of Metro Louisville and|$1,256,093.00 |APPROVAL |

|Okolona Fire Protection District Holding |Jefferson County, with emphasis on the Okolona Fire Protection District. The service | |(12/16/2019) |

|Company 2, Inc. |shall be limited to calls routed to it by Louisville Metro Dispatch under the 911 system,| | |

|Louisville, Jefferson County |those dispatched from any other Public Safety Answering Point, or those from a mutual aid| | |

| |request from another ambulance service, pursuant to and contingent upon the stipulations | | |

| |agreed to and entered into the record. | | |

|CON #064-10-3188(2) |Expand home health services to include Johnson County |$41,300.00 |APPROVAL PER ORDER OF |

|Three Rivers Home Care | | |FRANKLIN CIRCUIT COURT |

|Paintsville, Johnson County | | |(12/16/2019) |

|CON #098-11-394(35) |Add eight Level II special care neonatal beds. Final CON Level II special care neonatal |$711,099.63 |APPROVAL |

|Pikeville Medical Center, Inc. |bed complement: 16 Level II beds | |(01/09/2020) |

|Pikeville, Pike County | | | |

|DISAPPROVAL |

|CON #038-01-5944(1) |Establish a 72 bed chemical dependency treatment facility |$700,000.00 |DISAPPROVAL |

|Changes Rehabilitation LLC | | |(12/20/2019) |

|Fulton, Fulton County | | | |

|DEFERRAL |

|CON #114-04-5942(1) |Establish a home health agency to serve Warren County |$120,995.00 |DEFERRAL |

|KORT Rehabilitation at Home, LLC | | |(12/20/2019) |

|d/b/a KORT - Rehab at Home | | | |

|Bowling Green, Warren County | | | |

|EMERGENCY APPROVAL |

|South West YMCA Adult Day Health Care Center |Alleviate emergency circumstances by relocating a licensed adult day health care facility| |EMERGENCY APPROVAL |

|Louisville, Jefferson County | | |GRANTED |

| | | |(12/09/2019) |

|City of Ludlow Fire Department |Alleviate emergency circumstances by providing Class I ambulance services to the City of | |EMERGENCY APPROVAL |

|Ludlow, Kenton County |Bromley, Kenton County, Kentucky | |GRANTED |

| | | |(01/06/2020) |

|REVOKED |

|CON #045-10-5751(3) |Establish a private duty nursing service limited to patients entitled to health benefits |$95,386.78 |REVOKED |

|Kentucky Energy Workers Healthcare, LLC |under the Energy Employees Occupational Illness Compensation Act and the Radiation | |BY APPLICANT |

|Greenup, Greenup County |Exposure Compensation Act in Boyd and Greenup Counties | |(01/06/2020) |

|CON #059-07-5770(1) |Establish an ambulatory surgery center |$23,927,812.00 |REVOKED PER ORDER OF |

|The Christ Hospital Surgery Center - Fort Mitchell | | |FRANKLIN CIRCUIT COURT |

|Ft. Mitchell, Kenton County | | |(01/03/2020) |

|WITHDRAWAL |

|CON #056-06-1632(49) |Establish a Class II BLS ground ambulance service to provide inter-facility |$212,400.00 |WITHDRAWAL |

|Baptist Health Louisville Ambulance Service |transportation for patients discharged from Baptist Health Louisville to next level of | |(01/02/2020) |

|Louisville, Jefferson County |care facilities or to home residences based on medical necessity. | | |

CHART D

ADVISORY OPINION

12/14/2019 through 01/10/2020

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 |

|There are no advisory opinions |

Ill-fitting

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