Cabinet for Health and Family Services s13

CABINET FOR HEALTH AND FAMILY SERVICES

OFFICE OF HEALTH POLICY

Steven L. Beshear Janie Miller

Governor Secretary

Carrie Banahan

Executive Director

CERTIFICATE OF NEED NEWSLETTER

August 19, 2010

STATE OFFICE CLOSINGS

State offices will be closed on Friday, September 3, 2010 pursuant to 101 KAR 5:015E.

State offices will also be closed on Monday, September 6, 2010, in observance of Labor Day.

REGULATION UPDATE

An amended 900 KAR 5:020 (State Health Plan for Facilities and Services) and a Statement of Consideration were filed with the Legislative Review Commission on July 15, 2010.

900 KAR 5:020 and 900 KAR 6:020 (CON Application Fee Schedule) were considered at the August 10, 2010 Administrative Regulation Review Subcommittee meeting and were passed out of the Committee.

Inventory of Kentucky Health Facilities, Health Services and Major Medical Equipment

The Inventory has been updated and is on our website. Please notify this office of any discrepancies.
NOTICE OF PUBLIC HEARINGS

Public hearings have been requested pursuant to 900 KAR 6:090, Section 3 and have been scheduled as follows:

Thursday, September 9, 2010 at 9:00 a.m. in the Board Room, Health Services Building, 2nd Floor, 275 East Main Street, Frankfort, Kentucky and Friday, September 10, 2010 at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky

COMPARATIVE HEARING:

Southeastern Kentucky Radiation Oncology Center (Corbin, Whitley County), CON #118-13-5142(1), AHB CON 10-550

Establish a fixed site megavoltage radiation therapy service. Capital Expenditure: $452,510.48

Saint Joseph London Radiation Therapy Service (London, Laurel County) CON #063-13-5167(1), AHB CON 10-551

Establish a fixed site megavoltage radiation therapy service. Capital Expenditure: $5,528,000.00

Commonwealth Cancer Center (London, Laurel County) CON #063-13-5196(1), AHB CON 10-552

Establish a fixed site megavoltage radiation therapy service. Capital Expenditure: $3,013,088.00

Monday, September 13, 2010 at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky

IASIS Radiation Center of Oldham County (Crestwood, Oldham County) CON #096-06-5075(1), AHB CON 10-549

Establish a fixed site megavoltage radiation therapy service. $3,005,580.00

Thursday, September 16, 2010 and Friday, September 17, 2010 both days at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky

Premier Medical Imaging (London, Laurel County) CON #063-13-5225(1), AHB CON 10-528

Establish a fixed site magnetic resonance imaging (MRI) service. $1,422,754.00

Tuesday, September 21, 2010 and Wednesday, September 22, 2010 both days at 9:00 a.m. in Conference Suite A (Old Auditorium), Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky

Diagnostic Radiology Service (Pineville, Bell County) CON #007-13-5140(2), AHB 10-555

Establish a fixed site magnetic resonance imaging (MRI) service. $701,940.00

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 this office 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:

1.  A list of persons who will enter an appearance on behalf of the party

on Form #3, Notice of Appearance;

2. A list of witnesses on Form #4, Witness List; and

3. 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 502/564-9589 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.

If you will be participating in a Certificate of Need hearing, you must provide a list of persons expected to attend the hearing to the Administrative Hearings Branch, no later than 2 days prior to the scheduled hearing date. Lists must include attorneys, witnesses, and any other personnel (assistants, observers, etc) planning to attend. On the day of the hearing, all participants must sign in at the Security Desk and will be issued visitor badges. Once all hearing attendees have arrived, the security officer will escort all participants to the hearing room. Any participant to the hearing not on the list must wait to be escorted to the hearing by CON staff. If you choose to leave the building during a lunch break you must check in and out through the Security Desk. Your understanding and cooperation are appreciated.

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CON Public Notice 08/19/2010 CHART A

Formal Review Proposals Scheduled for Decision November 17, 2010

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 on November 17, 2010. 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 they can be given comparative review. The following projects are included in this batching cycle: B –Residential Hospice Facilities, Hospice Agencies, and Home Health Agencies.
Any affected persons including parties who have submitted a letter of intent for an application which would provide similar types of services, facilities, or equipment affecting the same health service area, who desire a public hearing on a proposal must submit requests in writing to the Office of Health Policy, 275 East Main Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by September 3, 2010. 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.
Number / Name / Location / Project Description / Project Cost
HOME HEALTH AGENCY
CON #073-01-3182(4) / Baptist Home Health Agency Graves County / Paducah, MCCRACKEN County / Establish home health services to include Graves County / $76,500.00
CON #114-04-1795(17) / Lifeline Health Care of Warren / Bowling Green, Warren County / Establish/expand home health service to Bullitt County. / $262,500.00
CON #114-04-1795(19) / Lifeline Health Care of Warren / Bowling Green, Warren County / Establish home health services in Calloway County. / $275,000.00
CON #114-04-5116(1) / Local Home Infusion, LLC / Bowling Green, Warren County / Establish a home health agency to serve Warren County. / $0.00
CON #056-06-2422(4) / Community Alternatives Home Care, Inc d/b/a/ ResCare HomeCare / Louisville, Jefferson County / Establish a home health agency to serve Warren County. / $0.00
CON #036-11-3197(4) / Highlands Home Health / Prestonsburg, Floyd County / Expand home health services to include Martin and Magoffin counties. / $132,000.00
CON #098-11-5175(1) / Amedisys Home Health / Pikeville, Pike County / Establish a home health agency to serve Pike County / $202,500.00
CON #026-13-3202(3) / Memorial Hospital Home Health / Manchester, Clay County / Establish/expand home health service to Whitley County. / $12,600.00
CON #026-13-3202(4) / Memorial Hospital Home Health / Manchester, Clay County / Expand home health services to Pike and Perry counties. / $0.00
CON #100-14-1948(12) / Lifeline Health Care of Pulaski / Somerset, Pulaski County / Establish/Expand home health services to Oldham County. / $250,000.00
CON #100-14-1948(8) / Lifeline Health Care of Pulaski / Somerset, Pulaski County / Establish/expand home health service to Laurel and Jackson Counties. / $0.00
CON #034-15-1914(2) / Professional Home Health Care Agency, Inc. / Lexington, Fayette County / Establish a home health agency to serve Fayette County. / $105,000.00
CON #034-15-1931(7) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Establish/expand home health services to Bath, Breathitt, Carter, Elliott, Fleming, Jackson, Lee, Lewis, Lincoln, Magoffin, Menifee, Montgomery, Morgan, Owsley, Powell, Robertson, Rockcastle, Rowan, Washington and Wolfe counties. / $85,000.00
CON #034-15-1931(8) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Adair County. / $0.00
CON #034-15-1931(9) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Shelby County. / $0.00
CON #034-15-1931(10) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Montgomery County. / $0.00
CON #034-15-1931(11) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Powell County. / $0.00
CON #034-15-1931(12) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Washington County. / $0.00
CON #034-15-1931(13) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Rockcastle County. / $0.00
CON #034-15-1931(14) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Menifee County. / $0.00
CON #034-15-1931(15) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Casey County. / $0.00
CON #034-15-1931(16) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Bath County. / $0.00
CON #034-15-1931(17) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Marion County. / $0.00
CON #034-15-1931(18) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand a home health agency to serve Jackson County. / $0.00
CON #034-15-1931(19) / Nurses Registry and Home Health Corporation / Lexington, Fayette County / Expand home health agency to serve Lincoln County. / $0.00
CON #034-15-5046(2) / Lifeline Health Care of Fayette / Lexington, Fayette County / Establish/expand home health service to Madison County. / $0.00
HOSPICE
CON #030-03-1742(6) / Hospice and Palliative Care of Ohio Valley, Inc. / Owensboro, Daviess County / Establish/expand hospice services to McLean County. / $0.00
CON #007-13-5146(1) / Continuum Home Care & Hospice of Bell County / Pineville, Bell County / Establish hospice service to serve Bell County. / $94,000.00

NEWSLETTER

Chart B
Certificate of Need * Letters of Intent
07/10/2010 through 08/13/2010
Name and Location / Project Description / Date
Received
DAY HEALTH CARE PROGRAM
Access Adult Health Day Care Louisville
Jefferson County
Serge Adamov
17036 Ashburton Drive
Louisville, KY 40245
(502) 384-5144 / Establish an adult day health care program. / 07/22/2010
Christian Care Communities, Inc.
Louisville, Jefferson County
Mary Lynn Spalding
12710 Townepark Way, Suite 1000
Louisville, KY 40243(502) 254-4200 / Establish an adult day health care program. / 07/28/2010
Christian Care Communities, Inc. dba Garden Grace, LLC Owensboro, Daviess County
Mary Lynn Spalding
12710 Townepark Way, Suite 1000
Louisville, KY 40243(502) 254-4200 / Establish an adult day health care program. / 07/28/2010
Masonic Homes of Kentucky Adult Day
Masonic Home, Jefferson County
Gary Marsh
3761 Johnson Hall Drive
Masonic Home, KY 40041
(502) 259-9627 / Establish an adult day health care program. / 07/14/2010
STFRNISE – Hope Project
Louisville, Jefferson County
Vikki L.R. Marchman
P. O. Box 11922
Louisville, KY 49251
(502) 418-4804 / Establish an adult day health care program. / 08/04/2010
HOME HEALTH AGENCY
Caring Companions, LLC
Galax, Pike County
Gloria Tucker
2022 Springdale Avenue
Charlotte, NC 28203
(980) 333-7929 / Establish a home health agency to serve Pike County, Kentucky. / 07/15/2010
Lean On Me, LLC
Somerset, Pulaski County
Cindy Akers
P. O. Box 4061
West Somerset, KY 42564
(866) 295-9971 / Establish a home health agency to serve Pulaski County. / 07/23/2010
PERSONAL CARE FACILITY
Morning Pointe of Lexington
Lexington, Fayette, County
J. Franklin Farrow
P. O. Box 813
Ooltewah, TN 37363
(423) 238-5330 / Establish an eighty (80) bed personal care facility. / 07/27/2010
REHABILITATION AGENCY
Kentucky Orthopedic Rehabilitation LLC
Owensboro, Daviess County
Melanie Laughman
4714 Gettysburg Road
Mechanicsburg, PA
(717) 975-4503 / Establish a rehabilitation agency. / 08/02/2010

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NEWSLETTER

Chart C
Certificate of Need * Applications Received
07/10/2010 through 08/13/2010
Name and Location / Project Description / Capital Cost / Date
Received
DAY HEALTH CARE PROGRAM
T.J. Samson Community Hospital
Glasgow, Barren County
CON #005-04-3250(2)
Laura Belcher
1301 N. Race Street
Glasgow, KY 42141
(270) 651-4344 / Relocate a licensed day health care program from 922 Happy Valley Road to 107 Myrtle Street, Glasgow. / $152,800.00 / 07/23/2010
PRIVATE DUTY NURSING
Christian Care Communities, Inc.
Bowling Green, Warren County
CON #114-04-5233(1)
Mary Lynn Spalding
12710 Townepark Way, Suite 1000
Louisville, KY 40243
(502) 254-4200 / Establish a private duty nursing service to serve Warren County. / $43,000.00 / 07/28/2010
Maxim Healthcare Services
Louisville, Jefferson County
CON #056-06-3621(2)
Scott Adamo
9300 Shebyville Road, Suite 701
Louisville, KY 40222
(502) 426-4454 / Expand private duty nursing services to Fayette County / $0.00 / 07/29/2010
Maxim Healthcare Services
Louisville, Jefferson County
CON #056-06-3621(3)
Scott Adamo
9300 Shelbyville Road, Suite 701
Louisville, KY 40222
(502) 426-4454 / Expand private duty nursing services to Madison County / $0.00 / 07/28/2010
Maxim Healthcare Services
Louisville, Christian County
CON #056-06-3621(4)
Scott Adamo
9300 Shelbyville Road, Suite 701
Louisville, KY 40222
(502) 426-4454 / Expand private duty nursing services to Grayson, Nelson and Christian Counties / $0.00 / 07/28/2010
NURSING FACILITY
Clark Regional Medical Center Nursing Facility
Winchester, Clark County
CON #025-15-5239(1)
Katherine S. Love
1107 West Lexington Avenue
Winchester, KY 40391
(859) 745-3557 / Change location of a licensed hospital-based nursing facility from 1107 West Lexington Avenue to One Hospital Drive, Winchester, KY / $812,500.00 / 08/03/2010
REHABILITATION AGENCY
Central Baptist Outpatient Rehabilitation - Brannon Crossing
Nicholasville, Jessamine County
CON #057-15-5237(1)
Gary Barnes
1740 Nicholasville Road
Lexington, KY 40503
(859) 260-6587 / Establish a rehabilitation agency. / $540,826.00 / 07/28/2010
Clark Regional Medical Center Rehab
Winchester, Clark County
CON #025-15-5236(1)
Katherine S. Love
1107 West Lexington Avenue
Winchester, KY 40391
(859) 745-3557 / Establish a rehabilitation agency / $287,500.00 / 07/28/2010
Norton Rehab Services - DBC
Louisville, Jefferson County
CON #056-06-5236(1)
Mary Jo Bean
234 E. Gray Street, Suite 350
Louisville, KY 40202
(502) 629-2966 / Establish a rehabilitation agency / $957,950.00 / 07/28/2010
Premier Home Care, Inc.
Richmond, Madison County
CON #076-15-5235(1)
Edwin A. Logan
114 West Clinton Street
Frankfort, KY 40601
(502) 875-3884 / Establish a rehabilitation agency / $195,999.00 / 07/29/2010
Premier Rehabilitation and Medical Services, LLC Georgetown, Scott County
CON #105-15-5238(1)
Colleen McKinley
614 West Main Street Suite 4000
Louisville, KY 40202
(502) 568-9363 / Establish a rehabilitation agency / $249,400.00 / 07/28/2010
Saint Joseph - London Outpatient Rehabilitation Services
London, Laurel County
CON #063-13-5232(1)
Kelly Elkins
One Saint Joseph Drive
Lexington, KY 40504
(859) 313-1619 / Establish a rehabilitation agency / $227,234.00 / 07/29/2010
Saint Joseph Park Physical Therapy
Lexington, Fayette County
CON #034-15-2282(2)
Kelly Elkins
One Saint Joseph Drive
Lexington, KY 40504
(859) 313-1619 / Change the location of a licensed rehabilitation agency from 1401 Harrodsburg Road to 3251 Beaumont Center Circle, Lexington. / $100,000.00 / 07/26/2010
Windsor Gardens CCRC
Bardstown, Nelson County
CON #090-05-5231(1)
Gail Harris
101 Isaac Greer Court
Bardstown, KY 40004
(502) 349-6214 / Establish a rehabilitation agency. / $0.00 / 07/27/2010
Chart D
ACTIONS SINCE LAST NEWSLETTER
07/10/2010 through 08/13/2010
Applicant / Project Description / Capital Cost / Action/ Date
APPROVALS
CON #056-06-5216(1)
Access Adult Health Day Care
Louisville, Jefferson County / Establish an adult day health care center. / $485,000.00 / APPROVAL
(07/14/2010)
CON #056-06-5217(1)
Heartsong Adult Day
Louisville, Jefferson County / Establish a day health care program. / $1,550,020.00 / APPROVAL
(07/14/2010)
CON #100-14-316(40)
Lake Cumberland Regional Hospital
Somerset, Pulaski County / Modify CON #100-14-316(39), issued 3/09 to add 45 acute care beds, by a cost escalation in the amount of $1,547,691. / $1,547,691.00 / APPROVAL
(07/14/2010)
CON #058-11-2361(6)
Mountain Manor of Paintsville
Paintsville, Johnson County / Modify CON #058-11-2361(5), granted 12/2005, to transfer 10 NF beds from West Liberty Nursing and Rehab, Morgan County, to Mountain Manor of Paintsville, Johnson County through a cost escalation in the amount of $1,340,267.52. / $3,567,268.00 / APPROVAL
(07/14/2010)
CON #034-15-5222(1)
Eastern State Hospital
Lexington, Fayette County / Establish a sixty-two (62) bed nursing facility on the campus of Eastern State Hospital. / $24,885,441.00 / APPROVAL
(08/06/2010)
DEFERRALS
CON #098-11-5138(1)
Open Stand Up MRI of Pikeville
Pikeville. Pike County / Establish a fixed site magnetic resonance imaging (MRI) facility / $722,019.00 / DEFERRAL
(07/22/2010)
CON #045-10-1398(41)
Our Lady of Bellefonte Hospital
Ashland, Greenup County / Establish a primary angioplasty/therapeutic cardiac catheterization service. / $759,000.00 / DEFERRAL
(07/12/2010)
CON #045-10-1398(40)
Our Lady of Bellefonte Hospital
Ashland, Greenup County / Establish a hospital based positron emission tomography (PET) service. / $4,020,500.00 / DEFERRAL
(07/21/2010)
CON #102-13-115(10)
Rockcastle Health and Rehabilitation Center
Brodhead, Rockcastle County / To add fourteen (14) nursing facility beds. / $112,000.00 / DEFERRAL
(07/12/2010)
CON #102-13-115(9)
Rockcastle Health and Rehabilitation Center
Brodhead, Rockcastle County / To relocate fifteen (15) nursing facility beds from Lee County Care and Rehabilitation Center to Rockcastle Health and Rehabilitation Center. / $0.00 / DEFERRAL
(07/12/2010)
DISAPPROVALS
CON #111-02-1766(7)
Trigg County Home Health
Cadiz. Trigg County / Expand home health services to include Calloway County. / $58,800.00 / DISAPPROVAL
(07/13/2010)

CHART E