reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 2 - Long-term Care › Section 900 KAR 2:050 - Transfer and discharge rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216.510(2),
				216.525,
				216.555,
				216.557,
				216.560,
				216B.015(13),
				42 U.S.C.
				1395,
				1396,
				42 C.F.R.
				483.15,
				483.204
NECESSITY, FUNCTION, AND CONFORMITY:
				42 C.F.R.
				483.204 requires that the state shall provide
				a process for appeals related to involuntary transfer and discharge. This
				administrative regulation establishes guidelines for this process for long-term
				care facilities, including long-term care facilities certified in accordance
				with 42 C.F.R. Part 483 . This administrative regulation also establishes the
				requirements for reasonable notice of involuntary transfer or discharge
				pursuant to
				KRS
				216.515(4) and appeal
				rights.
Section 1. Definitions.
(1) "Discharge" or "transfer" means:
(a) Relocation of a resident from a long-term
			 care facility to a noninstitutional setting or another health facility as
			 defined by
			 KRS
			 216B.015(13); or
(b) Any intrafacility relocation of a
			 resident, except between beds within the same distinct Medicare or Medicaid
			 certified or noncertified part of the facility.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 2 - Long-term Care › Section 900 KAR 2:060 - Hearings concerning transfer and discharge rights

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194.030(12)(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				42 CFR
				483.12 requires that the state shall have in
				place a fair and impartial decision-making process for appeals related to
				involuntary transfer and discharge. This administrative regulation sets forth
				guidelines for this process for long-term care facilities as licensed by
				902 KAR
				20:300 or those long-term care facilities certified in
				accordance with 42 CFR 483. This administrative regulation sets forth the
				hearing process for appeals related to residents' transfer and discharge rights
				under Kentucky's Nursing Home Reform statutes and administrative
				regulations.
Section 1. Definitions.
(1) "Facility" means a long-term care
			 facility as defined by
			 KRS
			 216.510(1) excluding those
			 facilities licensed as family care homes.
(2) "Hearing officer" means the person
			 designated by the cabinet to conduct a hearing and make a decision regarding
			 any appealed transfer or discharge.
(3) "Resident" means a resident of a facility
			 or any legal representative or individual acting on behalf of the
			 resident.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 5 - State Health Plan › Section 900 KAR 5:020 - State Health Plan for facilities and services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216B.010-216B.130,
				216B.178
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 2.a requires
				the cabinet to promulgate an administrative regulation, updated annually, to
				establish the State Health Plan. The State Health Plan is a critical element of
				the certificate of need process for which the cabinet is given responsibility
				in KRS Chapter 216B. This administrative regulation establishes the State
				Health Plan for facilities and services.
Section
			 1. The State Health Plan shall be used to:
(1) Review a certificate of need application
			 pursuant to KRS
			 216B.040; and
(2) Determine whether a substantial change to
			 a health service has occurred pursuant to
			 KRS
			 216B.015(29)(a) and
			 216B.061(1)(d).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:020 - Certificate of need application fee schedule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.040(3)(c)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(3)(c) authorizes
				the Cabinet for Health and Family Services to establish, by administrative
				regulation, reasonable application fees for certificates of need. This
				administrative regulation establishes the fee schedule for certificate of need
				applications.
Section 1.
(1) A certificate of need application that is
			 submitted by an existing licensed healthcare facility or service that has met
			 the emergency circumstances provision as provided in
			 900 KAR
			 6:080 and has received notice from the Office of
			 Inspector General that an emergency exists shall be assessed an application fee
			 of $100.
(2) A certificate of need
			 application not proposing a capital expenditure or proposing a capital
			 expenditure of up to $200,000 shall be assessed an application fee of
			 $1,000.
(3) A certificate of need
			 application that proposes a capital expenditure greater than $200,000 up to
			 $5,000,000 shall be assessed an application fee of five-tenths (.5) percent of
			 the capital expenditure, computed to the nearest dollar.
(4) A certificate of need application that
			 proposes a capital expenditure greater than $5,000,000 shall be assessed an
			 application fee of $25,000.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:030 - Certificate of need expenditure minimums

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(3)(a) authorizes
				the Cabinet for Health and Family Services to promulgate administrative
				regulations.
				KRS
				216B.130 requires the cabinet to promulgate
				an administrative regulation to annually adjust expenditure minimums provided
				in KRS Chapter 216B. This administrative regulation provides for the adjustment
				of expenditure minimums for capital expenditures and major medical
				equipment.
Section 1. Price Index. The
			 U.S. Department of Commerce, Bureau of Economic Analysis Price Indexes for
			 Private Fixed Investment by Type shall be used in making annual adjustments to
			 the expenditure minimums required by
			 KRS
			 216B.130.
Section 2. Expenditure Minimums Based on 2013
			 Change in Price Indexes.
(1) The capital
			 expenditure minimum established in
			 KRS
			 216B.015(8) shall be
			 $2,913,541.
(2) The major medical
			 equipment minimum established in
			 KRS
			 216B.015(17) shall be
			 $2,913,541.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:055 - Certificate of need forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the forms necessary for
				the orderly administration of the Certificate of Need Program.
Section 1. Definitions.
(1) "Administrative escalation" means an
			 approval from the cabinet to increase the capital expenditure authorized for a
			 certificate of need project.
(2)
			 "Cabinet" is defined by
			 KRS
			 216B.015(6).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:060 - Timetable for submission of certificate of need applications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.040,
				216B.062,
				216B.095(3)(a)-(f)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program.
				KRS
				216B.062(1) and (2) require
				the cabinet to promulgate administrative regulations to establish timetables
				and batching groups for applications for certificates of need. This
				administrative regulation establishes the timetable for submission of
				application requirements necessary for the orderly administration of the
				Certificate of Need Program.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Office of Inspector General, Division
			 of Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn
.
(3) "Formal review" means the review of an
			 application for certificate of need that is reviewed within ninety (90) days
			 from the commencement of the review as provided by
			 KRS
			 216B.062(1) and that is
			 reviewed for compliance with the review criteria set forth at
			 KRS
			 216B.040 and
			 900
			 KAR 6:070.
(4) "Long-term care beds" means nursing home
			 beds, intermediate care beds, nursing facility beds, and Alzheimer nursing home
			 beds.
(5) "Nonsubstantive review"
			 is defined by
			 KRS
			 216B.015(18).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:065 - Certificate of need application process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.040,
				216B.062(1),
				216B.085,
				216B.095
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the requirements
				necessary for the orderly administration of the certificate of need
				application, review, decision, and reconsideration process.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Office of Inspector General, Division
			 of Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn
.
(3) "Days" means calendar days, unless
			 otherwise specified.
(4) "Formal
			 review" means the review of an application for certificate of need that is
			 reviewed within ninety (90) days from the commencement of the review as
			 provided by
			 KRS
			 216B.062(1) and that is
			 reviewed for compliance with the review criteria set forth at
			 KRS
			 216B.040 and
			 900
			 KAR 6:070.
(5) "Nonsubstantive review" is defined by
			 KRS
			 216B.015(18).
(6) "Owner" means a person as defined in
			 KRS
			 216B.015(22) who is applying
			 for the certificate of need and will become the licensee of the proposed health
			 service or facility.
(7) "Person"
			 is defined by
			 KRS
			 216B.015(22).
(8) "Proposed service area" means the
			 geographic area the applicant proposes to serve.
(9) "Secretary" is defined by
			 KRS
			 216B.015(26).
(10) "Show cause hearing" means a hearing
			 during which it is determined whether a person or entity has violated
			 provisions of KRS Chapter 216B.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:070 - Certificate of need considerations for formal review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.010,
				216B.090,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program.
				KRS
				216B.040(2)(a) 2 requires
				the cabinet to promulgate an administrative regulation establishing the
				criteria for issuance and denial of certificates of need. This administrative
				regulation establishes the requirements necessary for the consideration for
				formal review of applications for the orderly administration of the Certificate
				of Need Program.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Days" means calendar days, unless
			 otherwise specified
(3) "Formal
			 review" means the review of an application for certificate of need which is
			 reviewed within ninety (90) days from the commencement of the review as
			 provided by
			 KRS
			 216B.062(1) and which is
			 reviewed for compliance with the review criteria set forth at
			 KRS
			 216B.040 and in this administrative
			 regulation.
(4) "Public information
			 channels" means the Office of Communication and Administrative Review in the
			 Cabinet for Health and Family Services.
(5) "Public notice" means notice given
			 through:
(a) Public information channels;
			 or
(b) The cabinet's Certificate of
			 Need Newsletter.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:075 - Certificate of need nonsubstantive review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.010,
				216B.015,
				216B.040,
				216B.062,
				216B.090,
				216B.095,
				216B.115,
				216B.455,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1. requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. KRS
				216B.095 authorizes the review of certificate
				of need applications that are granted nonsubstantive status. This
				administrative regulation establishes the requirements necessary for
				consideration for nonsubstantive review of applications for the orderly
				administration of the Certificate of Need Program.
Section 1. Definitions.
(1) "Ambulatory surgical center" is defined
			 by KRS
			 216B.015(4).
(2) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(3) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn/Pages/cn.aspx
.
(4) "Days" means calendar days, unless
			 otherwise specified.
(5) "Formal
			 review" means the review of an application for certificate of need that is
			 reviewed within ninety (90) days from the commencement of the review as
			 provided by KRS
			 216B.062(1) and that is
			 reviewed for compliance with the review criteria set forth at
			 KRS
			 216B.040 and
			 900 KAR 6:070.
(6) "Nonsubstantive review" is defined by
			 KRS
			 216B.015(18).
(7) "Public notice" means notice given
			 through the cabinet's Certificate of Need Newsletter.
(8) "Psychiatric residential treatment
			 facility" or "PRTF" is defined in
			 KRS
			 216B.450(5) as a Level I
			 facility or a Level II facility.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:080 - Certificate of Need emergency circumstances

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.020,
				216B.061,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the guidelines for
				alleviating an emergency circumstance for the orderly administration of the
				Certificate of Need Program.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by KRS
			 216B.015(6).
(2) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Office of Inspector General, Division
			 of Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn
.
(3) "Days" means calendar days, unless
			 otherwise specified.
(4) "Emergency
			 circumstance" means a situation that poses an imminent threat to the life,
			 health, or safety of a citizen of the commonwealth, including a situation in
			 which a ground ambulance provider ceases to provide continuous services in its
			 geographic service area in accordance with
			 202 KAR 7:555, Section
			 4.
(5) "Office of Inspector
			 General" means the office within the Cabinet for Health and Family Services
			 that is responsible for licensing and regulatory functions of health facilities
			 and services.
(6) "Public notice"
			 means notice given through:
(a) The Web site
			 of the Office of Inspector General, Division of Certificate of Need at
https://chfs.ky.gov/agencies/os/oig/dcn
;
			 or
(b) The cabinet's Certificate of
			 Need Newsletter.
(7)
			 "Service area" means county unless otherwise specified in the state health
			 plan.
(8) "State Health Plan" is
			 defined by KRS
			 216B.015(28) and is
			 incorporated by reference in
			 900 KAR
			 5:020.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:085 - Implementation of outstanding Certificates of Need if ownership has changed

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.010,
				216B.061(1)(h),
				216B.0615,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the guidelines for the
				implementation of outstanding Certificates of Need if ownership has changed for
				an existing licensed facility.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by
			 KRS
			 216B.015(5).
(2) "Outstanding" means a project has not
			 been implemented and a license has not been issued by the Office of Inspector
			 General.
(3) "Owner" means a person
			 as defined in
			 KRS
			 216B.015(21) who is applying
			 for the Certificate of Need and will become the licensee of the proposed health
			 service or facility.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:090 - Certificate of need filing, hearing, and show cause hearing

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45A.340,
				216B.015,
				216B.020(2)(a),
				216B.040,
				216B.062(1),
				216B.095(1),
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1. and (b)
				require the Cabinet for Health and Family Services to administer Kentucky's
				certificate of need program, to promulgate administrative regulations as
				necessary for the program, and to conduct public hearings in respect to
				certificate of need applications and revocations of certificates of need.
				KRS
				216B.085,
				216B.086,
				and
				216B.090
				establish requirements for certificate of need, revocation, and reconsideration
				hearings. This administrative regulation establishes the requirements for
				filing, hearing, and show cause hearings necessary for the orderly
				administration of the certificate of need program.
Section 1. Definitions.
(1) "Affected person" is defined by
			 KRS
			 216B.015(3).
(2) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(3) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn
.
(4) "Days" means calendar days, unless
			 otherwise specified.
(5)
			 "Nonsubstantive review" is defined by
			 KRS
			 216B.015(18).
(6) "Notice" means notice given through the
			 cabinet's Certificate of Need Newsletter.
(7) "Office of Inspector General" means the
			 office within the Cabinet for Health and Family Services that is responsible
			 for licensing and regulatory functions of health facilities and
			 services.
(8) "Office or clinic"
			 means the physical location at which health care services are
			 provided.
(9) "Party to the
			 proceedings" is defined by
			 KRS
			 216B.015(20).
(10) "Person" is defined by
			 KRS
			 216B.015(22).
(11) "Proposed findings" means the submission
			 of a proposed final order by the applicant or an affected party for review and
			 consideration by the hearing officer.
(12) "Secretary" is defined by
			 KRS
			 216B.015(26).
(13) "Show cause hearing" means a hearing
			 during which it is determined whether a person or entity has violated
			 provisions of KRS Chapter 216B.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:095 - Certificate of need administrative escalations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 216B.015(6),
				(31),
				216B.061(1)(e),
				216B.990(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program.
				KRS
				216B.061(4) requires the
				cabinet to establish the requirements for administrative escalations. This
				administrative regulation establishes the requirements for an administrative
				escalation.
Section 1. Definitions.
(1) "Administrative escalation" means an
			 approval from the cabinet to increase the capital expenditure authorized for a
			 certificate of need project.
(2)
			 "Cabinet" is defined by
			 KRS
			 216B.015(6).
(3) "Substantial change in a project" is
			 defined by
			 KRS
			 216B.015(31).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:100 - Certificate of need standards for implementation and biennial review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.086
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program.
				KRS
				216B.086 authorizes the revocation of
				certificate of need, or portion thereof, for failure to implement the project
				in accordance with timetables and standards established by administrative
				regulation. This administrative regulation establishes the required timetables
				and standards for implementation as well as requirements for biennial reviews
				for the orderly administration of the Certificate of Need Program.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Days" means calendar days, unless
			 otherwise specified.
(3) "Long-term
			 care beds" means nursing home beds, intermediate care beds, skilled nursing
			 beds, nursing facility beds, and Alzheimer nursing home beds.
(4) "Office of Inspector General" means the
			 office within the Cabinet for Health and Family Services that is responsible
			 for licensing and regulatory functions of health facilities and
			 services.
(5) "Show cause hearing"
			 means a hearing during which it is determined whether a person or entity has
			 violated provisions of KRS Chapter 216B.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:105 - Certificate of need advisory opinions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.020,
				216B.061,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the policies for
				issuance of advisory opinions necessary for the orderly administration of the
				Certificate of Need Program.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by
			 KRS
			 216B.015(6).
(2) "Certificate of Need Newsletter" means
			 the monthly newsletter that is published by the cabinet regarding certificate
			 of need matters and is available on the Office of Inspector General, Division
			 of Certificate of Need Web site at
https://chfs.ky.gov/agencies/os/oig/dcn
.
(3) "Days" means calendar days, unless
			 otherwise specified.
(4) "Public
			 notice" means notice given through:
(a) The
			 Web site of the Office of Inspector General, Division of Certificate of Need at
https://chfs.ky.gov/agencies/os/oig/dcn
;
			 or
(b) The cabinet's Certificate of
			 Need Newsletter.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:110 - Certificate of need notification requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.061,
				216B.065,
				216B.066,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the requirements for
				notification by facilities of the addition or establishment of a health
				service, the reduction or termination of a health service or bed capacity, the
				redistribution of beds by licensure category, and the intent to acquire a
				health facility for health service.
Section
			 1. Definitions.
(1) "Cabinet" is
			 defined by
			 KRS
			 216B.015(6).
(2) "Days" means calendar days, unless
			 otherwise specified.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:115 - Certificate of need requirement for critical access hospitals, swing beds, and continuing care retirement communities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.020,
				216B.061,
				216B.332,
				216B.990,
				42
				C.F.R. 482.58,
				485.645
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program.
				KRS
				216B.330 requires the cabinet to promulgate
				administrative regulations to establish the procedures and requirements for
				obtaining a certificate of compliance for a continuing care retirement
				community. This administrative regulation establishes the certificate of need
				requirements for critical access hospitals, swing beds, and continuing care
				retirement communities.
Section 1.
			 Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Days" means calendar days, unless
			 otherwise specified.
(3) "Office of
			 Inspector General" means the office within the Cabinet for Health and Family
			 Services that is responsible for licensing and regulatory functions of health
			 facilities and services.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:125 - Certificate of need annual surveys

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(3)(a) authorizes
				the Cabinet for Health and Family Services to issue administrative regulations
				necessary for the proper administration of KRS Chapter 216B.This administrative
				regulation establishes the requirements for submission of annual survey data to
				the cabinet for publication of annual reports necessary for the orderly
				administration of the Certificate of Need Program.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Days" means calendar days, unless
			 otherwise specified.
(3) "Long term
			 care facility" means any entity with licensed long term care beds including
			 nursing facility, nursing home, intermediate care, Alzheimer's, intermediate
			 care facility for individuals with and intellectual disability, or personal
			 care.
(4) "Office of Inspector
			 General" means the office within the Cabinet for Health and Family Services
			 that is responsible for licensing health facilities and services.
(5) "Owner" means a person as defined in
			 KRS
			 216B.015(22) who is applying
			 for the certificate of need and will become the licensee of the proposed health
			 service or facility.
(6) "Year"
			 means a calendar year from January 1 through December 31.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 6 - Certificate of Need › Section 900 KAR 6:130 - Certificate of need criteria for physician exemption

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.010,
				216B.015,
				216B.020,
				216B.040,
				216B.095,
				216B.990,
				311.271
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040(2)(a) 1 requires
				the Cabinet for Health and Family Services to administer Kentucky's Certificate
				of Need Program and to promulgate administrative regulations as necessary for
				the program. This administrative regulation establishes the requirements for
				physician exemption criteria necessary for the orderly administration of the
				Certificate of Need Program.
Section
			 1. Definitions.
(1) "Ambulatory
			 surgical center" is defined by
			 KRS
			 216B.015(4).
(2) "Entity" means any legally recognized
			 business entity in which an individual or group may practice its profession
			 including a professional limited liability company, professional service
			 corporation, partnership, or sole proprietor.
(3) "Evaluation and Management codes" means
			 those codes recognized by the American Medical Association as procedures
			 involving evaluation of patients and management of patient care in the Current
			 Procedural Terminology© references.
(4) "Office" or "clinic" means the physical
			 location at which health care services are provided by a physician, dentist,
			 advanced practice registered nurse, licensed clinical social worker,
			 speech-language pathologist, occupational therapist, physical therapist,
			 psychologist, or other practitioner of the healing arts.
(5) "Owner" means a person as defined by
			 KRS
			 216B.015(22) who is applying
			 for the Certificate of Need and will become the licensee of the proposed health
			 service or facility.
(6) "Practice"
			 means the individual, entity, or group that proposes to provide health care
			 services and shall include the owners and operators of an office or
			 clinic.
(7) "Practitioner of the
			 healing arts" means a person licensed by the appropriate state agency to
			 practice a healing art as defined by
			 KRS
			 311.271(2)(a).
(8) "Primarily" means a simple majority or
			 something that occurs at least fifty-one (51) percent of the time.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 7 - Data Reporting and Public Use Data Sets › Section 900 KAR 7:040 - Release of public data sets for health care discharge data

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870-61.884,
				216.2920,
				216.2927,
				216.2929
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216.2923(2)(b) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				for its transactions related to
				KRS
				216.2920 to
				216.2929.
				KRS
				216.2927 mandates that personally identifying
				data collected by the Cabinet for Health and Family Services from health care
				providers not be released to the general public nor be allowed public
				inspection under
				KRS
				61.870 to
				61.884.
				This administrative regulation establishes the guidelines for distribution and
				publication of data collected by the cabinet pursuant to
				900 KAR
				7:030, while maintaining patient confidentiality and
				further protecting personally identifying information.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216.2920(2).
(2) "Data" means the information collected
			 pursuant to
			 900 KAR
			 7:030.
(3)
			 "Encounter-level" means the data record of a single instance of
			 hospitalization, outpatient service, ambulatory surgery, emergency department,
			 or observation stay billing record contained in a data file.
(4) "Health care provider" is defined by
			 KRS
			 216.2920(5).
(5) "Public" means a person or group not
			 directly responsible for the collection, maintenance, custody, or dissemination
			 of data for purposes of this administrative regulation.
(6) "Report" means a summary or compilation
			 of data disseminated to the public.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 9 - Kentucky Health Information Exchange › Section 900 KAR 9:010 - Kentucky health information exchange participation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.030(1)(d),
				311.621(10),
				42 C.F.R. Part 495,
				45
				C.F.R. 160.103, Part 164
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.030(1)(d) requires the
				Governor's Office of Electronic Health Information (GOEHI) within the Cabinet
				for Health and Family Services to improve patient care, reduce medical errors,
				and make more efficient use of health care dollars by reducing redundant
				services. EO 2018-325 abolished GOEHI and transferred its functions to the
				Office of Health Data and Analytics (OHDA) within the Cabinet for Health and
				Family Services. To support the health care delivery system using electronic
				information technology as directed by
				KRS
				194A.030(1)(d) and EO
				2018-325, the Office of Health Data and Analytics, Division of Health
				Information (DHI) has implemented the Kentucky Health Information Exchange
				(KHIE). This administrative regulation establishes the procedures for
				participation by health care providers in the KHIE.
Section 1. Definitions.
(1) "CCD" means the Continuity of Care
			 Document, which is:
(a) Defined by the Health
			 Information Technology Standards Panel (HITSP); and
(b) Found in the HL7 Implementation Guide:
			 CDA Release 2 - Continuity of Care Document (CCD).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 10 - Kentucky Health Benefit Exchange › Section 900 KAR 10:120 - KHBE eligibility and enrollment in a qualified health plan, SHOP, and SHOP Formal Resolution Process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 304, 304.14-110, 304.17A-243,
				304.17A-245, 25 U.S.C.
				1603(13),
				26 U.S.C.
				36B(b)(3)(A),
				26 U.S.C.
				5000A,
				6011,
				6012,
				9831,
				42 U.S.C
				18031,
				26 C.F.R.
				1.36B-2,
				1.36B-3,
				54.9801-6,
				54.9802-4,
				29 C.F.R.
				2590.702-2,
				42 C.F.R.
				435.320,
				435.603(e),
				45 C.F.R.
				146.123,
				147.104,
				147.128, Parts
				155,
				156
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services, Office of Health Data and Analytics, Division of Health
				Benefit Exchange has responsibility to administer the Kentucky Health Benefit
				Exchange. KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary to
				protect, develop, and maintain the health, personal dignity, integrity, and
				sufficiency of the individual citizens of the commonwealth; to operate the
				programs and fulfill the responsibilities vested in the cabinet; and to
				implement programs mandated by federal law. This administrative regulation
				establishes the policies and procedures relating to eligibility and enrollment
				in a qualified health plan in the individual market, the operation of a Small
				Business Health Options Program, and the formal review process related to SHOP
				on the Kentucky Health Benefit Exchange pursuant to and in accordance with
				42 U.S.C.
				18031 and
				45 C.F.R. Parts
				155 and
				156.
Section 1. Eligibility and Enrollment.
(1) An applicant shall be eligible to enroll
			 in a Qualified Health Plan or QHP through the Kentucky Health Benefit Exchange
			 or KHBE if the applicant:
(a)
1. Is a citizen or national of the United
			 States;
2. Is a non-citizen who is
			 lawfully present in the United States and is reasonably expected to become a
			 citizen or national; or
3. Is a
			 non-citizen who is lawfully present for the entire period for which enrollment
			 is sought;
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 10 - Kentucky Health Benefit Exchange › Section 900 KAR 10:125 - KHBE Consumer Assistance Program, kynector certification, and individual agent participation with the KHBE

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, Chapter 304, 304.2-310,
				29 U.S.C.
				794,
				42 U.S.C.
				12101-12103,
				18022,
				18031,
				18042,
				18054, 45
				C.F.R. Part 155, 156
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services, Office of Health Data and Analytics, Division of Health
				Benefit Exchange has responsibility to administer the Kentucky Health Benefit
				Exchange.
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary to
				protect, develop, and maintain the health, personal dignity, integrity, and
				sufficiency of the individual citizens of the Commonwealth; to operate the
				programs and fulfill the responsibilities vested in the cabinet; and to
				implement programs mandated by federal law. This administrative regulation
				establishes the policies and procedures relating to the registration of an
				individual agent and certification of a kynector, including a certified
				application counselor or navigator in accordance with
				42 U.S.C.
				18031 and 45 C.F.R. Part 155 .
Section 1. KHBE Consumer Assistance Programs.
(1) The kynector program, in accordance with
			 the accessibility standards of
			 45 C.F.R.
			 155.205(c) and (d), shall
			 include the following:
(a) The certified
			 application counselor program described in Section 2 of this administrative
			 regulation; and
(b) The navigator
			 program described in Section 3 of this administrative regulation.
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 10 - Kentucky Health Benefit Exchange › Section 900 KAR 10:130 - Appeals of eligibility for KHBE participation and insurance affordability programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.050,
				13B.080,
				13B.090,
				13B.110,
				13B.120,
				13B.140,
				42 U.S.C.
				18031,
				26
				C.F.R. 1.36B-4, 45 C.F.R. Parts 155,
				156
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services, Office of Health Data and Analytics, Division of Health
				Benefit Exchange has responsibility to administer the Kentucky Health Benefit
				Exchange.
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary to
				protect, develop, and maintain the health, personal dignity, integrity, and
				sufficiency of the individual citizens of the Commonwealth; to operate the
				programs and fulfill the responsibilities vested in the cabinet; and to
				implement programs mandated by federal law. This administrative regulation
				establishes the policies and procedures relating to appeals of eligibility
				determinations for KHBE participation and insurance affordability programs on
				the Kentucky Health Benefit Exchange pursuant to and in accordance with
				42 U.S.C.
				18031 and 45 C.F.R. Parts 155 and 156.
Section 1. Right to Appeal an Individual
			 Eligibility Determination or Redetermination.
(1) An applicant or an enrollee may make an
			 appeal request of:
(a) An eligibility
			 determination made in accordance with
			 45
			 C.F.R. 155.300 to
			 155.355 and 900
			 KAR 10:120, including:
1. An initial
			 determination of eligibility for enrollment in a QHP or SADP, including the
			 amount of APTC and CSR, made in accordance with the standards specified in
			 45 C.F.R. 155.305(a) through
			 (h); or
2. A redetermination of eligibility,
			 including the amount of APTC and CSR, made in accordance with
			 45 C.F.R.
			 155.330 and
			 155.335;
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 12 - Telehealth › Section 900 KAR 12:005 - Telehealth terminology and requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.510,
				205.559,
				205.5591,
				211.332(2) -
				(5), 304.17A-005(23), 304.17A-138, 304.40-320, 311.5975,
				31 U.S.C.
				3729-3733,
				42 U.S.C.
				1320a-7b(b),
				42 U.S.C.
				1320d to
				1320d-9,
				42 U.S.C.
				1395nn
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.334 and
				211.336 require the secretary of
				the Cabinet for Health and Family Services to promulgate administrative
				regulations necessary under applicable state laws to establish a telehealth
				terminology glossary to provide standard definitions for all health care
				providers who deliver health care services via telehealth, all state agencies
				authorized or required to promulgate administrative regulations relating to
				telehealth, and all payors; establish minimum requirements for the proper use
				and security of telehealth including requirements for confidentiality and data
				integrity, privacy, and security, informed consent, privileging and
				credentialing, reimbursement, and technology; and establish minimum
				requirements to prevent waste, fraud, and abuse related to telehealth. This
				administrative regulation establishes a telehealth terminology glossary and
				minimum requirements for the proper use and security of telehealth.
Section 1. Definitions.
(1) "Division" means Division of Telehealth
			 Services.
(2) "Health care
			 provider" is defined by
			 KRS
			 304.17A-005(23), unless the
			 provider or service is otherwise regulated by
			 KRS
			 205.8451(7).
(3) "Health care service" is defined by
			 KRS
			 211.332(2).
(4) "Professional licensure board" is defined
			 by KRS
			 211.332(3).
(5) "State agency authorized or required to
			 promulgate administrative regulations relating to telehealth" is defined by
			 KRS
			 211.332(4).
(6) "Telehealth" or "digital health" is
			 defined by KRS
			 211.332(5).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 13 - Guaranteed Acceptance Program › Section 900 KAR 13:010 - Guaranteed Acceptance Program (GAP) reporting requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				304.17B-001,
				304.17B-021(2),
				304.17B-023
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				304.17B-031(1) requires the
				Office of Health Data and Analytics to promulgate administrative regulations
				necessary to carry out the provisions of
				KRS
				304.17B-001 to
				304.17B-031.
				KRS
				304.17B-023 establishes reporting
				requirements for the Guaranteed Acceptance Program for a participating insurer
				and
				KRS
				304.17B-021(2) establishes
				requirements for a supporting insurer to provide information to the office.
				This administrative regulation prescribes the form and the time schedule for
				submitting reports to the office.
Section
			 1. Definitions.
(1) "Earned
			 premium" is defined by
			 KRS
			 304.17B-001(8).
(2) "Guaranteed acceptance program" or "GAP"
			 is defined by
			 KRS
			 304.17B-001(11).
(3) "Guaranteed acceptance program
			 participating insurer" is defined by
			 KRS
			 304.17B-001(12).
(4) "Health benefit plan" is defined by
			 KRS
			 304.17A-005(22).
(5) "Insurer" is defined by
			 KRS
			 304.17A-005(29).
(6) "Office" is defined by
			 KRS
			 304.17B-001(24).
(7) "Stop-loss carrier" is defined by
			 KRS
			 304.17B-001(27).
(8) "Supporting insurer" is defined by
			 KRS
			 304.17B-001(28).
Kentucky Administrative Regulations › Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 14 - Essential Personal Care Visitor Program › Section 900 KAR 14:010 - Essential personal care visitor programs; visitation guidelines

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.700(4),
				216.510(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216.505 requires the cabinet to promulgate
				administrative regulations, subject to applicable federal requirements, to
				establish guidelines for any individual designated as an essential personal
				care visitor to have in-person visitation with a resident of a health facility,
				health service, Medicaid waiver service, or psychiatric residential treatment
				facility during a period when general visitation is limited or prohibited. This
				administrative regulation establishes guidelines for implementation of
				essential personal care visitor programs.
Section
			 1. Definitions.
(1) "Essential
			 personal care visitor" means a family member, legal guardian, outside
			 caregiver, friend, or volunteer who:
(a) Is
			 eighteen (18) years of age or older;
(b) May have provided regular care and
			 support to a resident prior to any restrictions on visitation;
(c) Is designated as being important to the
			 mental, physical, or social well-being of the resident; and
(d) Meets an essential need of the resident,
			 including companionship, assisting with personal care, or positively
			 influencing the behavior of the resident.
Kentucky Administrative Regulations › Title 901 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF ADMINISTRATIVE SERVICES › Chapter 5 - Vital Statistics › Section 901 KAR 5:010 - State registrar

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 213.026, 213.031
NECESSITY, FUNCTION, AND CONFORMITY: KRS 213.026 requires the
				Secretary for Health Services to designate a state registrar of vital
				statistics to be known as "state registrar", to perform duties established in
				KRS 213.031. This administrative regulation establishes the responsibility of
				the state registrar to sign certified copies of vital records issued in the
				Commonwealth.
Section 1. State
			 Registrar of Vital Statistics.
(1) The
			 Secretary for Health Services shall designate a State Registrar of Vital
			 Statistics in accordance with KRS 213.026.
(2) The state registrar shall sign each
			 certified copy of birth, death, marriage, divorce, or other vital record issued
			 by the Cabinet for Health Services.
(3) The state registrar shall be the Director
			 of the Vital Statistics program of the cabinet. A copy of the appointment and
			 signature of the state registrar shall be on file with the office of the
			 Secretary of State.