KRS 216B.066: Cabinet to be notified prior to acquiring certain major medical

equipment, a health service is offered, or a capital expenditure is made or

obligated -- Certificate of need may be required.

(1) Before a health facility acquires major medical equipmen t to be used solely for

research, offers a health service solely for research, or makes or obligates a capital

expenditure solely for research, which exceeds the prescribed minimum, the health

facility shall notify the cabinet of its intent to do so. The n otice shall be in writing

and shall be made sixty (60) days prior to the acquisition, offering, or making or

obligation of the expenditure with respect to which notice is given. The notice shall

state the use to be made of the major medical equipment, heal th service, or capital

expenditure.

(2) A certificate of need shall be required for the acquisition of major medical

equipment solely for research, the offering of a health service solely for research, or

the making or obligating of a capital expenditure s olely for research by a health

facility, only if:

(a) The notice required by this section is not filed; or

(b) The cabinet finds within sixty (60) days after it receives notice that the project

or transaction for which notice is given will affect the charg es of the facility

for the provision of medical or other patient care services other than services

which are included in the research, will substantially change the bed capacity

of the facility, or will substantially change the medical or other patient car e

services of the facility which were offered before the acquisition, offering,

making or obligation.

(3) If major medical equipment is acquired, a health service is offered, or a capital

expenditure is made or obligated and, pursuant to this section, no c ertificate of need

is required, the equipment, service, or facilities acquired through the capital

expenditure shall not be used in a manner which would affect the charges of the

facility for the provision of medical or other patient care services other th an that

included in the research, substantially change the bed capacity of the facility, or

substantially change the medical or other patient care services of the facility unless a

certificate of need is issued.

(4) For purposes of this section, "solely for research" means patient care provided on an

occasional and irregular basis and not as part of a research project.