Certificate of Need Newsletter, March 2020 Corrected



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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

MARCH 19, 2020

CORRECTED

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

STATE CLOSING

State offices will close at NOON on Friday, April 10, 2020 in observance of Good Friday

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

The public hearing on 900 KAR 6:075 which was previously scheduled for March 23, 2020, is cancelled. Written comments on this proposed administrative regulation will be accepted 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@.

CON Public Notice 03/19/2020 CHART A

Non-Sub Review Proposals Scheduled for Decision April 23, 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 23, 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 March 29, 2020. |

| |

|WHILE HEARING REQUESTS ON NON-SUB REVIEW APPLICATIONS IN THIS PUBLIC NOTICE ARE DUE BY CLOSE OF BUSINESS ON MARCH 29, 2020, NO HEARINGS WILL BE SCHEDULED UNTIL FURTHER NOTICE. DECISION DATES MAY BE WAIVED BY THE |

|CABINET. |

| |

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

|GROUND AMBULANCE SERVICE |

|CON #078-05-5980(1) |Maker's Mark Distillery EMS Program |Loretto, Marion County |Establish a Class VIII BLS Ground Ambulance |$0.00 |

|PRIVATE DUTY NURSING |

|CON #073-01-2581(7) |Brightmore Home Care of Kentucky |Paducah, McCracken County |Expand private duty nursing services to Caldwell, |$0.00 |

| | | |Christian, Crittenden, Hopkins, Livingston, Lyon, Trigg | |

| | | |and Warren Counties | |

|CON #045-10-5751(5) |Kentucky Energy Workers Healthcare, LLC |South Shore, Greenup County |Expand private duty nursing services limited to patients |$0.00 |

| | | |entitled to health benefits under the Energy Employees | |

| | | |Occupational Illness Compensation Act and the Radiation | |

| | | |Exposure Compensation Act to Carter, Lawrence and Lewis | |

| | | |counties. | |

CON Public Notice 03/19/2020 CHART A

Formal Review Proposals Scheduled for Decision June 17, 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 June 17, 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: C - Acute Care Hospitals (including all other State Health Plan covered services to be provided within the proposed acute care hospital), Acute Care Hospital Beds, Psychiatric Hospital Beds, Special |

|Care Neonatal Beds, Comprehensive Physical Rehabilitation Beds, Chemical Dependency Beds and Freestanding Ambulatory Surgical Centers, Ground Ambulance Service (Class I, II, III and VI) |

| |

|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 April 3, 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 APRIL 3, 2020, NO HEARINGS WILL BE SCHEDULED UNTIL FURTHER NOTICE. DECISION DATES MAY BE WAIVED BY THE |

|CABINET. |

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

|AMBULATORY SURGERY CENTER |

|CON #114-04-5963(1) |Interventional Pain Specialists of Bowling Green, PLC |Bowling Green, Warren County |Establish an ambulatory surgery center limited to the |$833,347.21 |

| | | |provision of non-narcotic, interventional pain treatment | |

| | | |and medically assisted treatment for opioid use disorders| |

| | | |through the provision of the Probuphine implant and | |

| | | |successor treatments, | |

|CON #056-06-5981(1) |Pain Care Surgery of Louisville, LLC |Louisville, Jefferson County |Establish an ambulatory surgical center restricted to the|$1,452,351.00 |

| | | |delivery of pain management procedures | |

|CHEMICAL DEPENDENCY TREATMENT FACILITIES |

|CON #114-04-5977(1) |Stepworks Recovery Centers - Bowling Green |Bowling Green, Warren County |Establish a 24 bed chemical dependency treatment facility|$841,800.00 |

|CON #063-13-5978(1) |Stepworks Recovery Centers - London |London, Laurel County |Establish a 12 bed chemical dependency treatment facility|$0.00 |

|CON #057-15-5976(1) |Stepworks Recovery Centers - Nicholasville |Nicholasville, Jessamine County |Establish a 24 bed chemical dependency treatment facility|$736,050.00 |

|COMPREHENSIVE PHYSICAL REHABILITATION HOSPITAL |

|CON #114-04-2292(6) |Southern Kentucky Rehabilitation Hospital |Bowling Green, Warren County |Add 16 comprehensive physical rehabilitation beds. Final |$3,393,882.00 |

| | | |CON rehab bed complement: 76 rehab beds | |

|CON #056-06-5982(1) |The Rehabilitation Hospital of Louisville |Louisville, Jefferson County |Establish a forty (40) bed comprehensive physical |$43,395,000.00 |

| | | |rehabilitation hospital by relocating twenty-nine (29) | |

| | | |physical rehabilitation beds from Baptist Health | |

| | | |Louisville and establishing eleven (11) physical | |

| | | |rehabilitation beds for a final bed complement of forty | |

| | | |(40) comprehensive physical rehabilitation beds. | |

|GROUND AMBULANCE |

|CON #114-04-5943(3) |Warren County EMS |Bowling Green, Warren County |Establish a Class I ground ambulance service to serve |$800,000.00 |

| | | |Warren County | |

|CON #059-07-5974(1) |Ludlow Fire Department |Ludlow, Kenton County |Establish a Class I ALS/BLS ground ambulance service to |$0.00 |

| | | |serve the City of Bromley (emergency circumstances) | |

|CON #036-11-5973(1) |City of Prestonsburg Ambulance Service |Prestonsburg, Floyd County |Establish a Class I ALS/BLS ground ambulance service to |$96,000.00 |

| | | |serve the incorporated city limits of Prestonsburg | |

|CON #077-11-5975(1) |Magoffin County Fiscal Court Ambulance Service |Salyersville, Magoffin County |Establish a Class I ALS/BLS ground ambulance service to |$110,000.00 |

| | | |serve the incorporated within the county limits of | |

| | | |Magoffin | |

NEWSLETTER

|Chart B |

|Certificate of Need * Applications Received |

|02/15/2020 through 03/13/2020 |

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

| | | |Received |

|ADULT DAY HEALTH CARE PROGRAM |

|Good 2 B Home Adult Day Healthcare, LLC |Establish an adult day health care program |$0.00 |02/19/2020 |

|Louisville, Jefferson County | | | |

|CON #056-06-5983(1) | | | |

|Maria Teresita O. Ilagen | | | |

|4701 Wolfcreek Parkway | | | |

|Louisville, KY 40241 | | | |

|(502) 681-4171 | | | |

|AMBULATORY SURGERY CENTER |

|Daybreak Operations |Relocate a licensed ambulatory surgery center from 133 Barnwood Drive to 3025 |$21,284,590.00 |02/26/2020 |

|Edgewood, Kenton County |Dixie Highway, Edgewood | | |

|Con #059-07-5719(2) | | | |

|Rosanne Nields | | | |

|1 Medical Village Drive | | | |

|Edgewood, KY 41017 | | | |

|GROUND AMBULANCE |

|Lexington Blue Grass Airport Department of Public Safety Lexington, |Establish a Class VI ground ambulance service to serve Blue Grass Airport |$0.00 |03/12/2020 |

|Fayette County | | | |

|CON #034-15-5984(1) | | | |

|D. Scott Lanter | | | |

|4000 Terminal Drive, Suite 206 | | | |

|Lexington, KY 40509 | | | |

|(859) 425-3101 | | | |

|NEWSLETTER |

|Chart C |

|ACTIONS SINCE LAST NEWSLETTER |

| |2/15/2020 through 03/13/2020 |

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

|APPROVAL |

|CON #056-06-5934(2) |Modify CON #056-06-5934(1), approved 7/2019 to establish a 56 bed personal care facility,|$0.00 |APPROVAL |

|Dominion Senior Living of Louisville |through the addition of 24 personal care beds. Total CON PC bed complement: 80 PC beds | |(02/20/2020) |

|Louisville, Jefferson County | | | |

|CON #081-08-5554(2) |Replace linear accelerator which has been in service for five years or more |$7,377,014.00 |APPROVAL |

|Meadowview Cancer Center | | |(02/20/2020) |

|Maysville, Mason County | | | |

|CON #073-01-5115(27) |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 | |(02/20/2020) |

|Management |Radiation Exposure Compensation Act in Ballard, Caldwell, Carlisle, Fulton, Hickman, | | |

|Paducah, McCracken County |Livingston and Trigg Counties | | |

|CON #059-07-5965(1) |Establish a prescribed pediatric extended care facility |$619,000.00 |APPROVAL |

|Redwood School and Rehab Inc. | | |(02/20/2020) |

|Hebron, Boone County | | | |

|CON #034-15-1303(7) |Add 34 nursing facility (NF) beds by relocating all of Rose Manor Rest Home's 34 NF beds |$200,000.00 |APPROVAL |

|Sayre Christian Village Nursing Home, Inc. |to Sayre Christian Village. Final NF CON bed complement: 153 NF beds. | |(03/05/2020) |

|Lexington, Fayette 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 | | | |

|REVOKED |

|CON #025-15-289(9) |Establish a geriatric psychiatric program by converting fifteen (15) acute care beds to |$200,000.00 |REVOKED PER APPLICANT |

|Clark Regional Medical Center |geriatric psychiatric beds | |REQUEST |

|Winchester, Clark County | | |(03/03/2020) |

|WITHDRAWAL |

|CON #074-14-721(11) |Expand home health services to Knox and Whitley Counties |$200,000.00 |WITHDRAWAL |

|CHI National Homecare - d/b/a KentuckyOne - VNA Health at Home | | |(03/03/2020) |

|London, Laurel County | | | |

CHART D

ADVISORY OPINION

2/15/2020 through 03/13/2020

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 |

|AO-02-20 |Oakwood |To reallocate ICF beds between Oakwood's four units, all located on the|CON is not required since all of the beds are located on the same |

| | |same campus. No new beds or services would be added. |campus. |

| | | |02/28/2020 |

|AO-01-20 |Pineville Community Health Center, Inc. |Pineville Community Health Inc. to downsize its existing hospital |CON is not required pursuant to KRS 216B.020(1) as this satisfies |

| | |campus to 66,000 square feet with 30,000 to be new construction and |the definition of a non-clinically related expenditure as defined |

| | |36,000 to be remodeled space from the old facility. No new beds or |by KRS 216B.015(18(a). |

| | |services will be added. |02/28/2020 |

Ill-fitting

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