{"data":{"id":"us-ky/krs-216b.065","jurisdiction":"us-ky","citation":"KRS 216B.065","heading":"Notification of intent to acquire facility or equipment -- Conditions","body":"requiring a certificate of need for acquisition -- General Assembly approval\nrequired for certain acquisitions by University of Kentucky, University of\nLouisville, or university affiliates.\n(1) Before any person enters into a contractual agreement to acquire a licensed health\nfacility, the person shall notify the cabinet of the intent to acquire the facility or\nmajor medical equipment and of the services to be offered in th e facility and its bed\ncapacity or the use of the medical equipment. The notice shall be in writing and\nshall be filed at least thirty (30) days prior to entry into a contract to acquire the\nhealth facility or major medical equipment with respect to which the notice is given.\n(2) A certificate of need shall be required for the acquisition of a health facility or\nmajor medical equipment, only if:\n(a) The notice required in this section is not filed and the arrangement will\nrequire the obligation of a capital  expenditure which exceeds the capital\nexpenditure minimum; or\n(b) The cabinet finds within thirty (30) days after the date it received notice that\nthe health services or bed capacity of the health facility will be substantially\nchanged in being acquired.\n(3) Donations, transfers, and leases of major medical equipment and health facilities\nshall be considered acquisitions of equipment and facilities, and an acquisition of\nmedical equipment or a facility for less than fair market value shall be considered\nan acquisition if the fair market value exceeds the expenditure minimum.\n(4) Before any health facility reduces or terminates a health service or reduces its bed\ncapacity, the facility shall notify the cabinet of its intent. The notice shall be in\nwriting an d shall be filed at least thirty (30) days prior to the reduction or\ntermination. A certificate of need shall be required for the reduction or termination\nonly if the notice required in this section is not filed.\n(5) (a) Before acquiring or constructing an  acute care hospital as defined in KRS\n216B.0425 that is required to be licensed under KRS 216B.042, the\nUniversity of Kentucky or the University of Louisville, or a medical system or\ncollege or school of medicine affiliate thereof, shall first obtain the approval\nof the General Assembly by means of an act or joint resolution explicitly\nidentifying and authorizing the acquisition or construction of the specific\nacute care hospital.\n(b) The approval required under paragraph (a) of this subsection shall be in\naddition to any certificate of need required to acquire or construct an acute\ncare hospital.\n(c) 1. Nothing in this subsection shall be interpreted or construed to apply to a\npediatric teaching hospital as defined in KRS 205.565.\n2. Paragraph (a) of this subsection shall not apply to the acquisition or\nconstruction of an acute care hospital within thirty  (30) miles of the\naffiliated university's primary academic campus.\n3. After May 31, 2026, the acquisition or construction of an acute care\nhospital valued at less than ten million dollars ($10,000,000) shall be\nexempt from the provisions of paragraph (a) of this subsection.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54959","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"6bade971e6567de60f672220c4fb7fbb268659cb8f5aa4b88104409d87b1ff67","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.062","next":"us-ky/krs-216b.066"},"notice":"GroundRules: Original legal text. Not legal advice."}