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KRS 216B.062

Timetable for submission of application for certificate of need to be established by administrative regulation -- Review procedure

Applied in 2 court decisions — leading case Phillip Truesdell v. Eric Friedlander (2023)

Most recently applied in Phillip Truesdell v. Eric Friedlander (September 2023)

Effective: July 15, 1996 History: Amended 1996 Ky

(1) Applications for certificates of need shall be submitted according to timetables established by the cabinet by promulgation of administrative regulation, pursuant to the provisions of KRS Chapter 13A. The application for a certificate of need shall include the name and business address of any owner, investor, or stockholder in the project whose ownership interest is greater than ten percent (10%). Once an application has been deemed complete pursuant to the cabinet's administrative regulations, notice shall be given as provided by the regulations of the beginning of the review, the proposed review schedule, and the right to request a hearing. The review shall be deemed to commence on the date of notice. No review shall take longer than ninety (90) days from the commencement of the review unless the applicant agrees to a deferral of action.

(2) Applications proposing the same or similar types of services, facilities, or equipment shall be batched for review purposes, excluding those granted nonsubstantive review status. The cabinet shall by promulgation of administrative regulation under KRS Chapter 13A establish appropriate batching groups to assure that applications for each type of service, facility, or equipment will be eligible for consideration at set intervals. In each review batch, the cabinet shall review and, if appropriate, compare all timely-filed applications proposing similar types of services, facilities, or equipment in the same health service areas.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.