KRS § 216B.455 — KY Code / Title XVIII / Chapter 216B / Section 216B.455
216B.455 Certificate-of-need requirement for Level I psychiatric residential treatment facilities -- Licensure -- Certification -- Restriction on location -- Restriction on number of beds -- Care and services for persons discharged from Level I and Level II facilities
Status: in_force

216B.455 Certificate-of-need requirement for Level I psychiatric residential

treatment facilities -- Licensure -- Certification -- Restriction on location --

Restriction on number of beds -- Care and services for persons discharged

from Level I and Level II facilities.

(1) A certificate of need shall be required for all Level I psychiatric residential

treatment facilities. The application for a certificate of need shall include formal

written agreements of cooperation that identify the nature and extent of the

proposed working relationship between the proposed Level I psychiatric residential

treatment facility and each of the following agencies, organizations, or facilities

located in the service area of the proposed facility:

(a) Regional interagency council for children with emotional disability or severe

emotional disability as defined in KRS 200.509;

(b) Department for Community Based Services;

(c) Local school districts;

(d) At least one (1) psychiatric hospital; and

(e) Any other agency, organization, or facility deemed appropriate by the cabinet.

(2) Notwithstanding provisions for granting of a nonsubstantive review of a certificate

of need application under KRS 216B.095, the cabinet shall review and approve the

nonsubstantive review of an application seeking to increase the number of beds as

permitted by KRS 216B.450 if the application is submitted by an eight (8) bed or

sixteen (16) bed Level I psychiatric residential treatment facility licensed and

operating or holding an approved certificate of need on July 13, 2004. The cabinet

shall base its approval of expanded beds upon the Level I psychiatric residential

treatment facility's ability to meet standards designed by the cabinet to provide

stability of care. The standards shall be promulgated by the cabinet in an

administrative regulation in accordance with KRS Chapter 13A. An application

under this subsection shall not be subject to any moratorium relating to certificate of

need.

(3) All Level I psychiatric residential treatment facilities shall comply with the

licensure requirements as set forth in KRS 216B.105.

(4) All Level I psychiatric residential treatment facilities shall be certified by the Joint

Commission, the Council on Accreditation of Services for Families and Children, or

any other accrediting body with comparable standards that is recognized by the

state.

(5) A Level I psychiatric residential treatment facility shall not be located in or on the

grounds of a psychiatric hospital. More than one (1) freestanding Level I psychiatric

residential treatment facility may be located on the same campus that is not in or on

the grounds of a psychiatric hospital.

(6) The total number of Level I psychiatric residential treatment facility beds shall not

exceed three hundred and fifteen (315) beds statewide.

(7) (a) The Cabinet for Health and Family Services shall investigate the need for

specialty foster care and post-treatment services for persons discharged from

Level I and Level II psychiatric residential treatment facilities.

(b) The cabinet shall report to the Governor and the Legislative Research

Commission by August 1, 2011, detailing information on specialty

foster care and post-treatment services for persons discharged from

Level I and Level II psychiatric residential treatment facilities.