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Office of Health Policy
275 East Main Street, 4W-E
Frankfort, Kentucky 40621
(502) 564-9592
FAX (502) 564-0302
www.chfs.ky.gov/ohp
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Matthew G. Bevin
Governor
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Vickie Yates Brown Glisson
Secretary
Molly Nicol Lewis
Acting Director of CON
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CERTIFICATE OF NEED NEWSLETTER
October 19, 2017
STATE CLOSING
State offices will be closed on Friday, November 10, 2017 in observance of Veterans Day.
NEW INFORMATION REGARDING FILINGS
The Office of Health Policy has been instructed by CHFS Facilities Management that visitors are not allowed beyond the guard’s desk after 4:15. If you have a filing and arrive at or after 4:15 please call our number (564-9592) and request that someone come downstairs to accept your filings. The Office of Health Policy is staffed from 8:00 to 4:30 Monday through Friday unless state offices are closed.
The Office of Health Policy filed the 2017-2019 State Health Plan (Amended after Comments) on October 13, 2017. 900 KAR 5:020, Statement of Consideration, and the 2017-2019 State Health Plan (Amended after Comments) are posted on OHP’s website http://chfs.ky.gov/ohp/con/.
The substantive changes to the State Health Plan include:
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The edition date was changed from July to October;
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The review criteria for special care neonatal beds was changed to allow a hospital with 700, rather than 800, births to establish a Level II program; to allow conversion between existing Level II and Level III NICU beds; and, to delete the requirement that the Cabinet approve the collaborative agreement between Level II or Level III providers with a Level IV provider.
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The nursing facility review criteria was revised to establish a pilot program, to be known as the Post-Acute Transitional Care Pilot Program, for the purpose of addressing Kentucky’s high hospital readmission rates, and allow for the approval of up to four (4) applications, two (2) in rural locations and two (2) in a urban location per federal designation, to establish nursing facility beds, notwithstanding the State Health Plan need calculation, dedicated to post-acute rehabilitation services upon demonstration that the annual average length of stay will be twenty-one (21) days or less, the proposed services will reduce hospital readmission rates, the patients will be discharged to the home or community setting, and the provider will submit data tracking quality metrics to the Cabinet.
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The review criteria for home health agencies was amended to change the criterion for an application by a licensed Kentucky acute care hospital or critical access hospital proposing to establish a home health service with a service area no larger than the county in which the hospital is located and contiguous counties. For those applications, the criterion will require the hospital to document, in the last twelve (12) months, the inability to obtain timely discharge for patients who reside in the county of the hospital or a contiguous county and who require home health services at the time of discharge, rather than documenting that the hospital is performing “no different than” or “better than” specified national benchmarks;
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The provisions for private duty nursing were amended to define “private duty nursing agency” and “private duty nursing service”, and to change references from “service” to “agency” as appropriate; and
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Several nonsubstantive changes were made throughout the State Health Plan for grammatical correctness, to use the same forms of expression and numbering format throughout the Plan, to correct typographical errors, and to comply with the drafting requirements of KRS Chapter 13A.
NOTICE OF PUBLIC HEARINGS
Public hearings have been requested pursuant to 900 KAR 6:090, Section 3 and have been scheduled as follows:
Friday, November 3, 2017 at 9:00 a.m. at Bluegrass Community Action Center (Medium Conference Room) 111 Professional Court, Frankfort, Kentucky. Hearing Officer: Kris Carlton
Harrods Creek Fire Protection District Assistance Corporation (Prospect, Jefferson County) CON #056-06-5842(1), HSAHB CON 17-2594
Establish a Class I ALS/BLS ground ambulance service to serve the Harrods Creek Fire Protection District, those cities within the Harrods Creek Fire Protection District, and an area limited to a 30 minute response time for 95% of the population served from 8905 US Highway 42, Prospect, Kentucky, 40059. Capital Expenditure: $946,342.00
Monday, November 20, 2017 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Mike Butler
C. Napier Ambulance (Beattyville, Lee County) CON #065-12-5840 (15), HSAHB CON 17-2596
Establish a Class I ground ambulance service to serve Lee County. Capital Expenditure: $58,000.00
Tuesday, November 28, 2017 at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky; Wednesday, November 29, 2017; Thursday, November 30, 2017; and Friday, December 1, 2017 each day at 9:00 a.m. at Bluegrass Community Action Center (Medium Conference Room) 111 Professional Court, Frankfort, Kentucky. Hearing Officer: Sean Cutshall
Jeffersontown Fire & EMS (Jeffersontown, Jeffersontown County) CON #056-06-5841(1), HSAHB CON 17-2593
Establish a Class I ALS/BLS ground ambulance service to serve the city of Jeffersontown and all areas within the Jeffersontown Fire Protection District. Capital Expenditure: $1,065,577.00
If a court reporter will be present at the hearing, the requester must make the necessary arrangements. The cost of the court reporter must be borne by the person requesting the reporter. If a court reporter is not present, the staff will record the proceedings. Please inform the Administrative Hearings Branch if a court reporter is to be present or not.
All persons wishing to participate as a party to the proceedings shall file an original and one (1) copy of the following for each affected application with the Office Health Policy, 275 East Main Street 4WE, Frankfort, Kentucky 40621 and shall serve copies on all other known parties to the proceedings:
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A list of persons who will enter an appearance on behalf of the party on Form #3, Notice of Appearance;
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A list of witnesses on Form #4, Witness List; and
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A list and all exhibits to be introduced on Form #5, Exhibit List.
Forms may be obtained by calling the Office of Health Policy at 502/564-9592 or through our website at www.chfs.ky.gov/ohp/con. If you are submitting forms on more than one applicant in a comparative certificate of need hearing, please submit an original & one (1) copy for each applicant. All individuals and/or entities participating in hearings regarding certificate of need applications should review the applicable rules and deadlines set forth in 900 KAR 6:090, Section 3 and made available at www.chfs.ky.gov/ohp/con.
CON Public Notice 10/19/2017 CHART A
Non-Sub Review Proposals Scheduled for Decision November 23, 2017
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As of this date the Certificate of Need proposals listed below are officially scheduled for review. A decision granting or denying a certificate of need will be made by November 23, 2017. Applications proposing the same or similar types of services, equipment, or facilities affecting the same health service area are batched in the review cycle so that they can be given comparative review.
Any affected persons who desire a public hearing on a proposal must submit requests in writing to Certificate of Need Office, 275 East Main Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 10 days of this notice, or by October 29, 2017. Affected persons will be notified of all scheduled hearings by mail except that the public and third party payors will be notified through public information channels.
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Number
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Name
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Location
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Project Description
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Project Cost
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REHABILITATION AGENCY
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CON #114-04-5844(1)
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Benchmark Physical Therapy
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Bowling Green, Warren County
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Establish a rehabilitation agency
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$306,548.00
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CON #082-05-5660(2)
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HMH - Therapy & Sports Medicine Center
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Brandenburg, Meade County
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Relocate a licensed rehabilitation agency from 100 Commerce Drive to 534 Hillcrest Drive, Brandenburg
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$25,007.00
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CON #056-06-5843(1)
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Precision Physical Therapy
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Louisville, Jefferson County
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Establish a rehabilitation agency
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$310,000.00
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CON #034-15-5846(1)
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RehabCare at Provision Living at Beaumont Centre
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Lexington, Fayette County
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Establish a rehabilitation agency
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$86,400.00
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CON Public Notice 10/19/2017 CHART A
Formal Review Proposals Scheduled for Decision January 17, 2018
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As of this date the Certificate of Need proposals listed below are officially scheduled for review. A decision granting or denying a certificate of need will be made by January 17, 2018. Applications proposing the same or similar types of services, equipment, or facilities affecting the same health service area are batched in the review cycle so that they can be given comparative review. The following projects are included in this batching cycle: Organ Transplantation, Magnetic Resonance Imaging, Positron Emission Tomography, Megavoltage Radiation, Cardiac Catheterization, Open Heart Surgery, Psychiatric Residential Treatment Facility I and II, and New Technological Developments.
Any affected persons who desire a public hearing on a proposal must submit requests in writing to Certificate of Need Office, 275 East Main Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by November 3, 2017. Affected persons will be notified of all scheduled hearings by mail except that the public and third party payors will be notified through public information channels.
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Number
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Name
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Location
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Project Description
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Project Cost
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MAGNETIC RESONANCE IMAGING
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CON #056-06-5845(1)
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Norton Diagnostic Center - Brownsboro
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Louisville, Jefferson County
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Establish a specialized medical technology center (SMTS) to provide magnetic resonance imaging (MRI) services
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$4,517,997.00
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CON #034-15-5811(1)
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Bluegrass Mobile MRI
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Lexington, Fayette County
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Establish a mobile MRI service to serve Breathitt, Boyd, Fayette, Floyd, Jefferson, Magoffin, Morgan, Pike and Wolfe counties
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$495,000.00
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NEWSLETTER
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Chart B
Certificate of Need * Applications Received
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9/16/2017 through 10/13/2017
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Name and Location
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Project Description
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Capital Cost
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Date
Received
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HOME HEALTH AGENCY
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Bluegrass Care
Lexington, Fayette County
CON #034-15-5847(1)
Susan Swinford
2312 Alexandria Drive
Lexington, KY 40504
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Establish home health agency to serve Fayette, Jessamine and Scott Counties
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$38,500.00
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09/26/2017
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CHI National Homecare - d/b/a KentuckyOne - VNA Health at Home
Lexington, Fayette County
CON #034-15-1950(4)
Ron Evans
1700 Edison Drive, Suite 300
Milford, OH 45150
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Expand home health services to Montgomery County
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$200,000.00
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09/27/2017
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CHI National Homecare - d/b/a KentuckyOne - VNA Health at Home
London, Laurel County
CON #074-14-721(10)
Ron Evans
1700 Edison Drive, Suite 300
Milford, OH 45150
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Expand home health services to Clay County
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$200,000.00
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09/27/2017
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CHI National Homecare - d/b/a KentuckyOne - VNA Health at Home
London, Laurel County
CON #074-14-721(11)
Ron Evans
1700 Edison Drive, Suite 300
Milford, OH 45150
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Expand home health services to Knox and Whitley Counties
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$200,000.00
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09/27/2017
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Highlands Home Health
Prestonsburg, Floyd County
CON #036-11-3197(5)
Harold C. Warman
5000 KY Route 321
Prestonsburg, KY 41653
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Expand home health services to Martin County
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$111,320.00
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09/27/2017
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PRIVATE DUTY NURSING
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Maxim Healthcare Services, Inc.
Undetermined
CON #056-06-3621(15)
Randall S. Strause
804 Stone Creek Pkwy., Ste. One
Louisville, KY 40223
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Establish a private duty nursing agency to serve Pike County
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$0.00
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09/27/2017
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Maxim Healthcare Services, Inc.
Undetermined
CON #056-06-3621(16)
Randall S. Strause
804 Stone Creek Pkwy., Ste. One
Louisville, KY 40223
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Establish a private duty nursing service to serve Lawrence County
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$0.00
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09/27/2017
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REHABILITATION AGENCY
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Professional Physical Therapy Clinic LLC
Louisville, Jefferson County
CON #056-06-5703(2)
Andrew Nankwenya
3201 Leith Lane Apt #916
Louisville, KY 40218
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Relocate a licensed rehabilitation agency from 3415 Bardstown Road, Suite 307, to 2300 Meadow Drive, Suite 201, Jefferson County
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$79,800.00
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09/21/2017
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NEWSLETTER
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Chart C
ACTIONS SINCE LAST NEWSLETTER
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9/16/2017 through 10/13/2017
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Applicant
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Project Description
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Capital Cost
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Action/ Date
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APPROVAL
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CON #019-07-5835(1)
Hallmark House/Ft. Thomas
Ft. Thomas, Campbell County
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Establish a 34 bed personal care facility
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$1,188,875.00
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APPROVAL
(09/21/2017)
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CON #034-15-5834(1)
Results Physiotherapy
Lexington, Fayette County
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Establish rehabilitation agency
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$544,541.00
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APPROVAL
(09/21/2017)
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CON #105-15-5612(2)
Results Physiotherapy
Georgetown, Scott County
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Modify CON #105-15-5612(1), approved 10/2014, by a relocation from 111 Osborne Way to 118 Marketplace Circle, Suite D, Georgetown
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$489,241.00
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APPROVAL
(09/21/2017)
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CON #034-15-5836(1)
Saint Joseph Rehabilitation Services at Legacy Reserve
Lexington, Fayette County
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Establish a rehabilitation agency
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$62,000.00
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APPROVAL
(09/21/2017)
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CON #059-07-1967(4)
Interim HealthCare of Cincinnati, Inc. dba Interim HealthCare of Northern Kentucky
Edgewood, Kenton County
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Establish a home health agency to serve Franklin, Harrison and Scott counties, with services restricted to pediatric patients
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$0.00
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DISAPPROVAL
(09/21/2017)
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CON #073-01-5788(3)
Loyal Service Agency of Kentucky, LLC
Paducah, McCracken County
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Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Ballard, Calloway, Carlisle, Graves, Livingston, and Marshall Counties
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$110,923.00
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DEFERRAL
(10/05/2017)
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Hospice of Western Kentucky
Owensboro, Daviess County
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To alleviate emergency circumstance by providing hospice services to three (3) patients in McLean County.
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(10/16/2017)
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CHART D
ADVISORY OPINION
9/16/2017 through 10/13/2017
Any affected persons who desire a public hearing on an advisory opinion must submit requests in writing to the Office of Health Policy, 275 East Main Street, 4WE, Frankfort, Kentucky, 40621, within thirty (30) days of the date of this notice. Affected persons will be notified of all scheduled hearings by mail or through public information channels.
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Tracking #
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Facility/Service
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Proposal Summary
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Decision and Date
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AO-77-17
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Maxim Healthcare Services, Inc.
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To transfer counties from an existing private duty nursing license to a second and third license with no change in health service
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CON is not required pursuant to KRS 216B.061(1) as this proposal does not constitute the establishment of a private duty nursing service or a substantial change in a health service as defined by KRS 216B.015(29)
09/18/2017
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AO-78-17
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Bluegrass Mobile Medical Services, LLC
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Nurse practitioner owned practice to provide primary care services to patients in their homes.
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CON is not required pursuant to KRS 216B.020(2). Compliance with 900 KAR 6:130 is necessary for this facility to remain exempt from Certificate of Need requirements
09/18/2017
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AO-79-17
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KentuckyOne Health Gastroenterology Associates
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Gastroenterology Associates to provide outpatient evaluation and management in the specialty of gastroenterology
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
09/18/2017
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AO-80-17
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KentuckyOne Health Cardiology Associates (Winchester)
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Cardiology Associates to provide cardiology services in Winchester
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
09/21/2017
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AO-81-17
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KentuckyOne Health Cardiology Associates (Barbourville
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Cardiology Associates to provide cardiology services in Barbourville
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
09/21/2017
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AO-82-17
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Oliver Winston Behavioral Urgent Care
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Fixed site outpatient behavioral health service to provide psychiatric evaluations, medication management, psychotherapy, substance use counseling, medication assisted treatment with Suboxone for opioid addiction, case management, pharmacogenomics, long acting injectables, and medication assisted treatment.
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CON is not required pursuant to KRS 216B.020(1) which exempts outpatient behavioral health treatment.
09/21/2017
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AO-83-17
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KentuckyOne Health Multispecialty Services - Berea
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Multispecialty Services - Berea to provide the following services in specialty suites: pain management, rheumatology, obstetrics & gynecology, general surgery (pre and post op), and cardiology.
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Pursuant to KRS 218A.175(1)(b) the pain management specialty proposed would not be considered a pain management facility since it will be owned by a hospital. All other specialty services would not require a CON pursuant to KRS 216B.020(1) as it satisfies the definition of a special clinic
09/22/2017
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AO-84-17
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KentuckyOne Health Surgery Associates (Bardstown)
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Surgery Associates (Bardstown) to provide pre and post-operative services to patients of KHMG employed general surgeons
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
09/22/2017
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AO-85-17
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KentuckyOne Health Surgery Associates (London)
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KentuckyOne Health Medical Group, Inc. to own and operate KentuckyOne Health Surgery Associates (London) to provide pre and post-operative services to patients of KHMG employed general surgeons
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
09/22/2017
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AO-86-17
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Advance Community HealthCare of Kentucky, Inc.
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To establish a network model health maintenance organization (HMO) in Kentucky.
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CON is not required in that Advance will not directly provide health services
10/06/2017
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AO-87-17
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Brandenburg Wellness Clinic
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Hardin Memorial Hospital to operate and outpatient clinic called Brandenburg Wellness Clinic to serve employees of Monument Chemical and Bluegrass Cellular as well as dependents of those employees
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CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
10/09/2017
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AO-88-17
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Millpond Integrative Health & Wellness, LLC
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To provide health and wellness services through chiropractors, physicians, APRNs and other licensed healthcare professionals, each performing services within the scope of his or her licensure. Referral arrangement with and refer patients to Millpond Family Chiropractic evaluation and adjustment services.
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CON not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
10/10/2017
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Ill-fitting
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