{"data":{"id":"us-ky/krs-216b.095","jurisdiction":"us-ky","citation":"KRS 216B.095","heading":"Nonsubstantive review of application.","body":"(1) An applicant may waive the procedures for formal review of an application for a\ncertificate of need and request a nonsubstantive review as provided below. The\ncabinet may grant or deny nonsubstantive review status within ten (10) days of the\ndate the appli cation is deemed completed and shall give notice to all affected\npersons of the decision to conduct a nonsubstantive review. Any affected person\nother than the applicant may request a hearing by filing a request with the cabinet\nwithin ten (10) days of the  notice to conduct a nonsubstantive review. As\napplicable, hearings shall be conducted as provided in KRS 216B.085. Based solely\nupon the record established with regard to the matter, the cabinet shall approve or\ndeny a certificate of need on all projects assigned nonsubstantive review status\nwithin thirty-five (35) days of the determination of nonsubstantive review status. If\nthe application is denied nonsubstantive review status, it shall automatically be\nplaced in the formal review process.\n(2) If a cert ificate of need is denied following a nonsubstantive review, the applicant\nmay request that the application be placed in the next cycle of the formal review\nprocess. Nothing in this subsection shall require an applicant to pursue a formal\nreview before obtaining judicial review pursuant to KRS 216B.115.\n(3) The cabinet may grant nonsubstantive review status to an application for a\ncertificate of need which is required:\n(a) To change the location of a proposed health facility;\n(b) To replace or relocate a li censed health facility, if there is no substantial\nchange in health services or substantial change in bed capacity;\n(c) To replace or repair worn equipment if the worn equipment has been used by\nthe applicant in a health facility for five (5) years or more;\n(d) For cost escalations; or\n(e) In other circumstances the cabinet by administrative regulation may prescribe.\n(4) Notwithstanding any other provision to the contrary in this chapter, the cabinet may\napprove a certificate of need for a project required for the purposes set out in\nsubsection (3)(a) to (e) of this section, unless it finds the facility or service with\nrespect to which the capital expenditure is proposed to be made is not required; or\nto the extent the facility or services contemplated by th e proposed capital\nexpenditure is addressed in the state health plan, the cabinet finds that the capital\nexpenditure is not consistent with the state health plan.\n(5) The decision of the cabinet approving or denying a certificate of need pursuant to\nthis s ection shall be final for purposes of judicial appeal, unless the applicant\nrequests the application be placed in the formal review process. An approved\ncertificate shall be issued thirty (30) days after notice of the cabinet's decision,\nunless a judicial appeal is taken and issuance is enjoined by the court.\n(6) Notwithstanding any other provision of law, the cabinet shall not grant\nnonsubstantive review status to a certificate of need application that indicates an\nintent to apply for Medicaid certificatio n of nursing home beds within a continuing\ncare retirement community established under KRS 216B.015, 216B.020, 216B.330,\nand 216B.332.\n(7) Notwithstanding any provision of state law or the state health plan promulgated by\nadministrative regulation in accordance with KRS 216B.040, the cabinet shall grant\nnonsubstantive review for a certificate of need proposal to establish an ambulatory\nsurgical center if the applicant complies with the following:\n(a) The applicant is an ambulatory surgical center that was o rganized and in\noperation as the private office of a physician or physician group prior to\nOctober 1, 2006;\n(b) 1. The cabinet's general counsel has submitted a letter to the Accreditation\nAssociation for Ambulatory Health Care advising that the cabinet do es\nnot object to the applicant's parent company applying for and obtaining\nMedicare certification; or\n2. The applicant is an ambulatory surgical center that has received from the\ncabinet a favorable advisory opinion dated June 14, 2005, confirming\nthat the applicant would be exempt from the certificate of need or\nlicensure requirement;\n(c) The applicant's amb ulatory surgical center has been inspected and accredited\nby the Accreditation Association for Ambulatory Health Care since December\n31, 2006, and has maintained accreditation with that organization consistently\nsince that time; and\n(d) The applicant was a  party to litigation concerning the ambulatory surgical\ncenter and physician office issue and, prior to July 12, 2012, obtained a Court\nof Appeals ruling in its favor.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52872","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:23Z","sha256":"b125f505ea46cf6242deb5af780e5d0d004cce06e85132cb441938e48bf0ee2d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.090","next":"us-ky/krs-216b.100"},"notice":"GroundRules: Original legal text. Not legal advice."}