UNOFFICIAL COPY 23 RS BR 1795
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A CONCURRENT RESOLUTION establishing the Certificate of Need Task Force. 1
WHEREAS, certificate of need (CON) laws are state regulatory mechanisms for 2
approving major capital expenditures and projects for certain health care facilities; and 3
WHEREAS, Kentucky first enacted CON laws in 1972, and the federal government 4
required states to adopt CON laws according to a federal model in 1974; and 5
WHEREAS, the federal mandate was repealed in 1987, but 35 states and the 6
District of Columbia maintain some form of a CON program covering a range of health 7
services and requirements; and 8
WHEREAS, Kentucky's CON requirements for creating or expanding health care 9
facilities and services in specified areas are included in statute and in the state health 10
plan; and 11
WHEREAS, as of 2021, 12 states have fully repealed their CON programs or 12
allowed their programs to expire; and 13
WHEREAS, three states do not operate a CON program but maintain several 14
approval processes that function similarly to CON; and 15
WHEREAS, in 2021, Tennessee significantly reduced certificate of need 16
requirements; and 17
WHEREAS, Indiana, Ohio, and Montana have exempted all facilities except long-18
term care facilities from CON review; and 19
WHEREAS, the primary purpose of CON programs is to control health care costs 20
by restricting duplicative services and determining whether new capital expenditures 21
meet a community need; and 22
WHEREAS, the need for some health facilities and services is not being met in 23
several geographic areas of Kentucky which puts into question the effectiveness of the 24
current CON process; 25
NOW, THEREFORE, 26
Be it resolved by the House of Representatives of the General Assembly of the 27 UNOFFICIAL COPY 23 RS BR 1795
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Commonwealth of Kentucky, the Senate concurring therein: 1
ď˘Section 1. (1) The Legislative Research Commission is hereby directed to 2
establish the Certificate of Need (CON) Task Force to: 3
(a) Review Kentucky's CON program, including the state health plan and related 4
statutes; 5
(b) Review the need for maintaining or modifying CON for each health service 6
currently covered; and 7
(c) Submit any findings and recommendations regarding CON to the Legislative 8
Research Commission by December 1, 2023. 9
(2) The CON Task Force shall be composed of the following members, with final 10
membership of the task force being subject to the consideration and approval of the 11
Legislative Research Commission: 12
(a) Three members of the House of Representatives to be appointed by the 13
Speaker of the House, one of whom shall be designated to serve as co-chair; 14
(b) Three members of the Senate to be appointed by the President of the Senate, 15
one of whom shall be designated to serve as co-chair; 16
(c) One member of the House of Representatives to be appointed by the Minority 17
Floor Leader of the House; and 18
(d) One member of the Senate to be appointed by the Minority Floor Leader of 19
the Senate. 20
(3) Provisions of this Resolution to the contrary notwithstanding, the Legislative 21
Research Commission shall have the authority to alternatively assign the issues identified 22
herein to an interim joint committee or subcommittee thereof, and to designate a study 23
completion date. 24