Kentucky 2024 2024 Regular Session

Kentucky Senate Bill SB137 Introduced / Bill

                    UNOFFICIAL COPY  	24 RS BR 380 
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XXXX   9/28/2023 12:59 PM  	Jacketed 
AN ACT relating to certificate of need. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
SECTION 1.   A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 3 
READ AS FOLLOWS: 4 
Notwithstanding any other provision of law: 5 
(1) A certificate of need for a health service or health facility shall be considered 6 
orphaned if the health service or health facility was: 7 
(a) Discontinued at its original physical location; or 8 
(b) Moved to a different county. 9 
(2) If a certificate of need is considered orphaned: 10 
(a) The continued need for the health service or health facility shall be 11 
presumed; 12 
(b) An application by a new entity to establish the same type of health service or 13 
health facility at the same location or in the same county shall be granted a 14 
nonsubstantive review; and 15 
(c) Any previous entity that was granted a certificate of need shall not be 16 
permitted to have any opposition to the new entity's application considered 17 
by the Cabinet for Health and Family Services. 18