Cabinet for Health and Family Services s7

CABINET FOR HEALTH AND FAMILY SERVICES OFFICE OF HEALTH POLICY

Steven L. Beshear 275 East Main Street, 4W-E Audrey Tayse Haynes Frankfort, Kentucky 40621 Governor Telephone: (502) 564-9592 Secretary FAX: (502) 564-0302 www.chfs.ky.gov/ohp/con Emily Whelan Parento Executive Director

CERTIFICATE OF NEED NEWSLETTER JUNE 20, 2013

STATE OFFICE CLOSINGS State offices will be closed on Thursday, July 4, 2013 for Independence Day.

EXECUTIVE DIRECTOR The Office of Health Policy welcomes Emily Whelan Parento as our new Executive Director.

REGULATIONS On June 4, 2013, the Office of Health Policy filed proposed amendments to the following administrative regulations:

900 KAR 6:30 - Certificate of Need expenditure minimums

900 KAR 6:120 - Certificate of Need angioplasty two year trial program

900 KAR 6:125 - Certificate of Need annual surveys and registration requirements for new Magnetic Resonance Imaging units

Copies of these regulations can be seen on the OHP website www.chfs.ky.gov/cononline.

1 NOTICE OF PUBLIC HEARINGS

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

Tuesday, July 9, 2013 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. Hearing Officer: Kris Carlton LP South Louisville, LLC dba Signature Healthcare at Sts. Mary and Elizabeth Hospital (Louisville, Jefferson County) CON #056-06-5521(1), AHB CON 13-627 Transfer twenty (20) nursing facility (NF) beds from Signature Healthcare of South Louisville to establish a twenty (20) bed nursing facility at 1850 Bluegrass Avenue, Louisville, Jefferson County. Capital Expenditure: $1,444,000.00

Wednesday, July 17, 2013 at 9:00 a.m. and Friday, July 26, 2013 at 9:00 a.m. and Thursday, August 1, 2013 at 9:00 a.m. each day in Conference Suite A (Old Auditorium) Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Ben Fiechter COMPARATIVE: Saint Joseph East (Lexington, Fayette County) CON #034-15-1721(17), AHB CON 13-622 Convert 8 special care neonatal beds from Level II to Level III. Final CON neonatal bed complement: 8 Level II and 8 Level III neonatal beds. Capital Expenditure: $200,000.00

Central Baptist Hospital (Lexington, Fayette County) CON #034-15- 757(45), AHB 13-626 Convert sixteen (16) special care neonatal beds from Level II to Level III. Final CON neonatal bed complement: 16 Level II and 16 Level III neonatal beds. Capital Expenditure: $200,000.00

St. Elizabeth Edgewood (Edgewood, Kenton County) CON #059-07-425(8), AHB 13-619 Convert twelve (12) special care neonatal beds from Level II to Level III. Final CON neonatal bed complement: 13 Level II and 12 Level III neonatal beds. Capital Expenditure: $0.00

Friday, July 19, 2013 at 9:00 a.m. in Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Rebecca Baylous Frankfort Regional Medical Center (Frankfort, Franklin County) CON #037- 15-002(18), AHB CON 13-621 Convert four (4) med/surg beds to Level II neonatal beds. Final CON neonatal bed complement: 8 Level II neonatal beds. Capital Expenditure: $360,485.00

2 Tuesday, July 30, 2013 at 9:00 a.m. in Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East Wing, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Andrew Smith First Stop Ambulatory Surgery Center (LaGrange, Oldham County) CON #093-06-3997(1), AHB CON 13-607 To establish an ambulatory surgery center. $500,000.00

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 502/564-9592 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.

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.

CON Public Notice 6/20/2013 CHART A Formal Review Proposals Scheduled for Decision September 18, 2013 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 September 18, 2013. 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: F – Intermediate Care Beds for Mental Retardation and Developmentally Disabled Facilities.

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 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 July 5, 2013. 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 ICF/MR-DD CON #093-06-5525(1) Cedar Lake Lodge – New Unit 1 LaGrange, Oldham County Establish a four (4) bed ICF/MR-DD by $1,300,000.00 transferring four (4) beds from the Cedar Lake Lodge Jericho Road Campus

CON #093-06-5526(1) Cedar Lake Lodge – New Unit 2 LaGrange, Oldham County Establish a four (4) bed ICF/MR-DD by $1,000,000.00 transferring four (4) beds from the Cedar Lake Lodge Jericho Road Campus

4 NEWSLETTER

Chart B Certificate of Need * Letters of Intent 05/11/2013 through 06/14/2013 Name and Location Project Description Date Received DAY HEALTH CARE PROGRAM Abuelito Appalachian To establish an adult day health care program 06/05/2013 Louisville, Jefferson County

Irina Baptiste 4707 South 1st Street Louisville, KY 40214 (502) 295-0995 GROUND AMBULANCE Marrowbone Volunteer Fire Department, Inc. Establish a Class I ALS/BLS ambulance service to serve Pike County 06/12/2013 Elkhorn City, Pike County

Clinard Adkins 1822 Rockhouse Creek Road Elkhorn City, KY 41522 (606) 754-0478 HOME HEALTH AGENCY Memorial Hospital Home Health Expand existing home health service to include Johnson County 05/23/2013 Manchester, Clay County

Colleen McKinley 614 West Main Street Louisville, KY 40202 (502) 568-1890

5 Tech Medical, Inc. Establish a home health agency to serve Boyd County 05/13/2013 Catlettsburg, Boyd County

Kitty Taylor 8010 Lake Bonita Rd Catlettsburg, KY 41129 (740) 961-5237 Tech Medical, Inc. Establish a home health agency to serve Greenup County 05/20/2013 Catlettsburg, Greenup County

Kitty Taylor 8010 Lake Bonita Rd Catlettsburg, KY 41129 (606) 739-9105 Walgreens Infusion Services Expand existing home health service to include adult home health services 05/28/2013 Louisville, Jefferson County in Oldham County.

Leigh Underhill 11403 Bluegrass Parkway, Suite 400 Louisville , KY 40299 (502) 266-0123 Walgreens Infusion Services Expand existing home health service to include Breckinridge, Ohio, 05/28/2013 Louisville, Jefferson County Muhlenberg, Warren, Daviess, Henderson, Hopkins, Crittenden, Christian, Marshall, Graves, Logan, Allen, Greenup, Boyd, Johnson, Fulton, Green, Leigh Underhill Marion, Mercer, Russell, Wayne, Clinton, Pulaski, Leslie, Perry, Hancock, 11403 Bluegrass Parkway, Suite 400 Mclean, Butler, Todd, Webster, Union, Caldwell, Lyon, Livingston, Trigg, Louisville , KY 40299 Calloway, McCracken, Ballard, Carlisle, Hickman, Trimble, Franklin, (502) 266-0123 Woodford, Nelson, Meade, Lewis, Carter, Elliott, Lawrence, Martin, Boyle, Taylor, Adair, Casey, Lincoln, Pulaski, Rockcastle, Clay, Harlan, and Bell counties. Walgreens Infusion Services Expand existing home health service to include Boone, Grant, Owen, 05/28/2013 Milford, Boone County Pendleton, Harrison, Bracken, Robertson, Mason, Nicholas, Fleming, and Bourbon counties. Bernadette Tarvin 50 West Techne Center Drive, Suite J Milford, OH 45150 (513) 576-8400

6 PRIVATE DUTY NURSING Ashby Group, LLC/DBA Ashby In-Home Nursing To establish a private duty nursing service to serve McLean and Hancock 05/27/2013 Uniontown, McLean County Counties

Brea Beaven PO Box 85, 236 Main Street Uniontown, KY 42461 (615) 498-6918 Maxim Healthcare Services, Inc. Establish private duty nursing services for pediatric and model II waiver 06/04/2013 Clarksville, Christian County patients only in Christian County

Cindy Shay 7227 Lee Deforest Drive Columbia, MD 21046 (410) 910-1360 REHABILITATION AGENCY Associates in Pediatric Therapy Establish a rehabilitation agency 05/23/2013 Lexington, Fayette County

Angela Renea Sageser 1900 Midland Trail Suite 1 & 2 Shelbyville, KY 40065 (502) 321-2321 Wesley Manor Nursing Center To establish a rehabilitation agency 05/21/2013 Louisville, Jefferson County

Jerry Hoganson 5012 East Manslick Road Louisville, KY 40219 (502) 969-3277

7 NEWSLETTER

Chart C Certificate of Need * Applications Received 05/11/2013 through 06/14/2013 Name and Location Project Description Capital Cost Date Received CARDIAC CATHETERIZATION Our Lady of Bellefonte Hospital To expand existing diagnostic cardiac catheterization service $50,000.00 05/23/2013 Ashland, Greenup County to provide primary and elective percutaneous coronary intervention (PCI) services on a two (2) year trial basis Brent Kimball St. Christopher Drive Ashland, KY 41101 (606) 833-3549 HOSPITAL ACUTE CARE Norton Brownsboro Hospital Expand existing diagnostic cardiac catheterization service to $0.00 05/29/2013 Louisville, Jefferson County provide primary and elective Percutaneous Coronary Intervention (PCI) services on a two (2) year trial basis Mary Jo Bean 4967 U.S. Highway 42, Suite 100 Louisville, KY 40222 (502) 420-2244 LINEAR ACCELERATOR Middlesboro ARH Hospital Establish a fixed site megavoltage radiation therapy $6,501,153.00 05/29/2013 Middlesboro, Bell County program with a linear accelerator

Hollie Harris Phillips 2285 Executive Drive, Suite 400, P. O. Box 8086 Lexington, KY 40533 (859) 226-2511

8 MRI St. Elizabeth Imaging Center - Union Establish a fixed-site magnetic resonance imaging (MRI) $2,600,000.00 05/29/2013 Florence, Boone County service

Rosanne Nields 500 Thomas More Parkway Crestview Hills, KY 41017 (859) 301-6328 The Christ Hospital Imaging Center Northern Establish a freestanding magnetic resonance imaging (MRI) $3,722,775.00 05/31/2013 Kentucky service Fort Wright, Kenton County

Ted Wabler 2139 Auburn Avenue Cincinnati, OH 45219 (513) 263-1488 PRTF Children's Home of Northern Kentucky Modify CON #008-07-5302(1), approved 1/12 to establish a $99,978.00 05/13/2013 Covington, Kenton County nine (9) bed Level I PRTF for boys age 7 to 12, through a relocation from 4836 Idlewild Road, Boone County, to 200 Rick W. Wurth Home Road, Cottage B, Kenton County, and a cost 200 Home Road escalation in the amount of $99,978.00 Covington, KY 41011 (859) 261-8766 Life Spring Youth Center To establish a thirteen (13) bed Level II PRTF to serve $450,000.00 05/29/2013 Benton, Marshall County adolescents aged thirteen (13) to seventeen (17)

Shazia Mahmood 222 East Witherspoon St. Unit 2000 Louisville, KY 40202(502) 618-2421

9 CON #019-07-047(6) Relocate existing facility (all personal care beds and nursing $40,000,000.00 APPROVAL Baptist Convalescent Center facility beds) from 120 Main Street, Newport to 132 East (05/23/2013) Alexandria, Campbell County Alexandria Pike, Alexandria and add thirty-six (36) personal care beds CON #057-15-5424(2) Modify CON #057-15-5424(1), approved 2/2012 to establish a $0.00 APPROVAL Bridgepointe of Ashgrove Woods seventy-two (72) personal care bed facility, by adding six (6) (05/23/2013) Nicholasville, Jessamine County personal care beds

CON #018-01-5487(1) Establish a twenty-four (24) bed personal care facility $1,810,000.00 APPROVAL Hickory Woods Senior Living (05/23/2013) Murray, Calloway County

CON #056-06-5432(2) Modify CON #056-06-5432(1), issued 8/12 to relocate fifty-eight $7,126,512.00 APPROVAL Jefferson County Health Campus (58) nursing facility beds from Woodside Place to another existing (05/31/2013) Louisville, Jefferson County location in Jefferson County, by a change of location from 8708 Brownsboro Road to 12904, 12908, and 12812 Westport Road

CON #059-07-425(62) Convert seven (7) Level II neonatal beds and five (5) med/surg $315,000.00 APPROVAL St. Elizabeth Healthcare beds to twelve (12) Level III neonatal beds (05/17/2013) Edgewood, Kenton County

10 CON #034-15-5513(1) Establish a twelve (12) bed personal care facility $498,778.00 APPROVAL The Willows at Citation (05/23/2013) Lexington, Fayette County CON #056-06-5458(2) Modify CON #056-06-5458(1), issued 10/12 to establish a $12,600.00 APPROVAL Wisdom & Health Rehab Centre LLC rehabilitation agency, by a change of location from 3920 (05/23/2013) Louisville, Jefferson County Bardstown Road to 4113 Bardstown Road, Jefferson County and a cost escalation in the amount of $12,600.00 CON #059-07-425(62) Convert seven (7) Level II neonatal beds and five (5) med/surg $315,000.00 APPROVAL St. Elizabeth Healthcare beds to twelve (12) Level III neonatal beds (05/17/2013) Edgewood, Kenton County CON #008-07-5302(2) Modify CON #008-07-5302(1) approved 1/12 to establish a nine $99,978.00 APPROVAL Children’s Home of Northern Kentucky (9) bed Level I PRTF for boys ages 7 to 12, through a relocation (06/13/2013) from 4836 Idlewild Road, Boone County to 200 Home Road, Covington, Kenton County Cottage B, Kenton County, and a cost escalation in the amount of $99,978.00 DEFERRALS CON #037-15-5015(1) Establish an ambulatory surgery center on the hospital campus. $7,747,220.00 DEFERRAL Frankfort Ambulatory Surgery Center (06/03/2013) Frankfort, Franklin County

CON #114-04-5031(1) Establish an ambulatory surgery center $8,916,546.00 DEFERRAL Greenview Ambulatory Surgery Center (06/03/2013) Bowling Green, Warren County

CON #058-11-5188(1) Establish an ambulatory surgery center. $2,651,000.00 DEFERRAL Highlands Outpatient SurgiCenter (06/03/2013) Paintsville, Johnson County

CON #073-06-100(4) Add thirty (30) nursing facility (NF) beds. $2,582,572.00 DEFERRAL Homestead Nursing Center of New Castle, KY New (06/03/2013) Castle, Henry County

11 CON #056-06-5034(1) Establish an ambulatory surgery center limited to pain management $88,500.00 DEFERRAL Kentuckiana Pain Specialists - Eastern Parkway (06/03/2013) Louisville, Jefferson County

CON #056-06-5033(1) Establish an ambulatory surgery center limited to pain management $88,500.00 DEFERRAL Kentuckiana Pain Specialists - Hurstbourne (06/03/2013) Parkway Louisville, Jefferson County CON #097-12-5441(1) Establish a fixed site MRI service $2,000,000.00 DEFERRAL Kentucky Mountain Radiology, LLC (06/03/2013) Hazard, Perry County

CON #056-06-5099(1) Establish an ambulatory surgery center limited to pain management. $230,541.00 DEFERRAL Pain Management Consultants (06/03/2013) Louisville, Jefferson County

CON #058-11-1575(6) Add ten (10) acute care beds $2,977,572.00 DEFERRAL Paul B. Hall Regional Medical Center (06/03/2013) Paintsville, Johnson County CON #098-11-5035(1) Establish an ambulatory surgery center $6,748,179.00 DEFERRAL Pike County ARH Ambulatory Surgery Center (06/03/2013) Pikeville, Pike County

CON #057-15-5012(1) Establish a 50 bed acute care hospital to include surgical services. $25,305,074.00 DEFERRAL Saint Joseph Jessamine (06/03/2013) Nicholasville, Jessamine County

CON #057-15-4046(2) Establish an ambulatory surgery center. $8,634,890.00 DEFERRAL Saint Joseph Jessamine ASC (06/03/2013) Nicholasville, Jessamine County

CON #114-04-149(43) Establish an ambulatory surgery center $9,286,900.00 DEFERRAL The Medical Center at Bowling Green ASC (06/03/2013) Bowling Green, Warren County

CON #057-15-4031(1) Establish a fifty (50) bed acute care hospital to include surgical $32,560,360.00 DEFERRAL The Medical Center of Jessamine County services and MRI. (06/03/2013) Nicholasville, Jessamine County

12 CON #034-15-5523(1) Establish a forty (40) bed chemical dependency treatment facility. $1,668,945.00 DEFERRAL MBH of Lexington, LLC (06/12/2013) Lexington, Fayette County WITHDRAWAL CON #019-07-5199(2) Expand home health services to Bath, Montgomery and Menifee $0.00 WITHDRAWAL Personal Touch Home Care of Kentucky, Inc. Counties to provide Home and Community Based Waiver services (05/22/2013) Fort Thomas, Campbell County (emergency circumstances)

CON #019-07-5199(3) Expand home health services to Green and Taylor Counties $0.00 WITHDRAWAL Personal Touch Home Care of Kentucky, Inc. to provide Home and Community Based Waiver services (05/22/2013) Forth Thomas, Campbell County (emergency circumstances)

CON #000-00-5494(1) Establish a mobile health service to provide specialized $0.00 WITHDRAWAL Basic Home Infusion, Inc. infusion therapy services (intrathecal delivery systems) to (06/10/2013) Wayne, New Jersey patients in all counties of Kentucky. EMERGENCY ACKNOWLEDGEMENT Hospice of Ohio County Provision of hospice services in Butler County to an 87 year old Acknowledged by hospice patient diagnosed with ALS. The patient lives part-time OHP with a child in Ohio County and part-time with a child in Butler (06/17/2013) County. No Kentucky hospice is licensed to serve both Ohio and Butler counties and a patient can only be served by one hospice per Medicare requirements.

13 CHART E ADVISORY OPINION 05/11/2013 through 06/14/2013 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, 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.

Tracking # Facility / Service Proposal Summary Decision and Date

AO-20-13 IV Recovery Providers Provide mobile IV therapy for hydration in all CON is required pursuant to KRS 216B as a counties of Kentucky. Services will be health service will be established. performed in a mobile unit that travels to events where a large number of people are 05/13/2013 gathered, i.e. sporting events and mission events.

AO-21-13 T.J. Health Partners To establish a specialty care physician CON is not required pursuant to KRS service on the second floor of T.J. Samson 216B.020(1) as this proposal satisfies the Ambulatory Care Center. Services to include definition of a special clinic. cardiology, general surgery 05/31/2013 assessments/post-surgical follow-up visits and minor procedures, gynecology, obstetrics, nephrology, pain management and urology AO-22-13 Western KY Medical, LLC To establish a clinic to serve persons 18 years CON is not required pursuant to KRS and older who are addicted to narcotic drugs. 216B.020(1) as this proposal satisfies the Services to include methadone maintenance definition of a special clinic. and detoxification along with full comprehensive outpatient addiction counseling 06/04/2013 services