{"data":{"id":"us-ky/krs-216b.061","jurisdiction":"us-ky","citation":"KRS 216B.061","heading":"Actions requiring certificates of need -- Prohibitions against dividing","body":"projects to evade expenditure minimums and against ex parte contacts --\nAmbulatory surgical centers.\n(1) Unless otherwise provided in this chapter, no person shall do any of the following\nwithout first obtaining a certificate of need:\n(a) Establish a health facility;\n(b) Obligate a capital expenditure which exceeds the capital expenditure\nminimum;\n(c) Make a substantial change in the bed capacity of a health facility;\n(d) Make a substantial change in a health service;\n(e) Make a substantial change in a project;\n(f) Acquire major medical equipment;\n(g) Increase a geographical area or alter a specific location which has been\ndesignated on a certificate of need or license; or\n(h) Transfer an approved certificate of need for the establishment of a new health\nfacility or the replacement of a licensed facility.\n(2) No person shall separate portions of a single project into components in order to\nevade any expenditure minimum se t forth in this chapter. For purposes of this\nchapter, the acquisition of one (1) or more items of functionally related diagnostic\nor therapeutic equipment shall be considered as one (1) project.\n(3) No person shall have ex parte contact with the final -decision-making authority\nengaged in certificate of need activities regarding a certificate -of-need application\nfrom the commencement of the review cycle to the final decision. If an ex parte\ncontact occurs, it shall be promptly made a part of the record.\n(4) No person shall obligate a capital expenditure in excess of the amount authorized\nby an existing certificate of need unless the person has received an administrative\nescalation from the cabinet as prescribed by regulation.\n(5) No person shall proceed to obligate a capital expenditure under an approved\ncertificate of need if there has been a substantial change in the project.\n(6) A certificate of need shall be issued for a specific location and, when applicable, for\na designated geographical area.\n(7) No person shall establish an ambulatory surgical center as defined in KRS\n216B.015 without obtaining a certificate of need. An ambulatory surgical center\nshall require a certificate of need and license, no twithstanding any exemption\ncontained in KRS 216B.020.\n(8) Nothing in this chapter shall be interpreted to require any ambulatory surgical\ncenter licensed as of July 12, 2012, to obtain a certificate of need to continue\noperations and exercise all of the r ights of a licensed health care facility, regardless\nof whether it obtained a certificate of need before being licensed.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57608","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"76440db321d6b2d8dbc4cf9173b12c3cc5333c00d289d5c010034bd6b0f38688","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.060","next":"us-ky/krs-216b.0615"},"notice":"GroundRules: Original legal text. Not legal advice."}