Cabinet for Health and Family Services s5

Cabinet For Health and Family Services STEVEN L. BESHEAR OFFICE OF HEALTH POLICY AUDREY TAYSE HAYNES GOVERNOR SECRETARY 275 EAST MAIN STREET, 4W-E FRANKFORT, KENTUCKY 40621 EMILY WHELAN PARENTO (502) 564-9592 EXECUTIVE DIRECTOR FAX (502) 564-0302 www.chfs.ky.gov/ohp

CERTIFICATE OF NEED NEWSLETTER July 16, 2015

CON EXEMPTION UPDATE Please note that KRS 216B.020(1) exempts licensed residential crisis stabilization units, which may be part of a licensed psychiatric hospital; licensed free-standing residential substance use disorder treatment programs with sixteen (16) or fewer beds, but not including Levels I and II psychiatric residential treatment facilities or licensed psychiatric inpatient beds; outpatient behavioral health treatment, but not including partial hospitalization programs.

REGULATIONS UPDATE: 900 KAR 5:020 State Health Plan Facilities and Services. Public comments received during the public comment period on the proposed changes to the State Health Plan may be viewed on OHP’s CON Modernization Page http://chfs.ky.gov/ohp/con/conmod.htm

On July 8, 2015, the Office of Health Policy filed proposed amendments to the following regulations with LRC:

900 KAR 6:075. Certificate of need nonsubstantive review.

900 KAR 6:070. Certificate of need considerations for formal review.

900 KAR 6:090. Certificate of need filing, hearing, and show cause hearing.

1 900 KAR 6: 055 Certificate of need forms. The following CON forms are being amended: OHP - Form 2A, Certificate of Need Application OHP - Form 8, Certificate of Need Six Month Progress Report OHP - Form 9, Notice of Intent to Acquire a Health Facility or Health Service OHP - Form 10B, Notice of Termination or Reduction of a Health Service or Reduction of Bed Capacity

A public hearing on these regulations shall, if requested, be held on August 21, 2015, at 9:00 a.m. in Auditorium Suite A, Health Building, First Floor, 275 East Main Street, Frankfort, Kentucky 40621. Individuals interested in attending this hearing shall notify the cabinet in writing by August 14, 2015, five (5) workdays prior to the hearing, of their intent to attend. If no notification intent to attend the hearing is received by that date, the hearing may be cancelled. You may submit written comments regarding this proposed administrative regulation until close of business August 31, 2015. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, KY 40621, Phone: 502-564-7905, Fax: 502-564-7573, email: [email protected]

You may view the amended regulations on OHP’s website at http://chfs.ky.gov/ohp/con/.

2 2015 ANNUAL ADJUSTMENT TO THE EXPENDITURE MINIMUMS REQUIRED BY KRS 216B.130

The change in the U.S. Department of Commerce, Bureau of Economic Analysis Price Indexes for Private Fixed Investment by Type for the twelve (12) month period ending December 31, 2014 represents a 3.78% increase. Effective July 1, 2015, the capital expenditure minimum established in KRS 216B.015(8) and the major medical equipment minimum established in KRS 216B.015(17) shall be $3,023,673.

NOTICE OF PUBLIC HEARINGS

There are no new public hearings scheduled.

CON Public Notice 7/16/2015 CHART A Non-Sub Review Proposals Scheduled for Decision August 20, 2015 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 August 20, 2015. 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 that they can be given comparative review.

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 10 days of this notice, or by July 26, 2015. 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 AMBULATORY CARE CENTER CON #114-04-5692(1) Medical Center Urgentcare Bowling Green, Warren Establish an ambulatory care center $190,000.00 County

REHABILITATION AGENCY CON #073-01-363(8) HBR Paducah LLC d/b/a/ Barkley Center Paducah, McCracken County Relocate a licensed rehabilitation agency from $205,692.00 501 North 3rd Street to 4747 Alben Barkley Drive, Paducah CON #030-03-5689(1) Lynn Occupational Therapy, LLC Owensboro, Daviess County Establish a rehabilitation agency $121,800.00

CON #114-04-5687(1) The Kid SpOt Center Bowling Green, Warren County Establish a rehabilitation agency that $294,000.00 provides speech therapy, occupational therapy and physical therapy for children ages birth to 21 CON #047-05-5685(1) The Kid SpOt Center Elizabethtown, Hardin County Establish a rehabilitation agency that $235,000.00 provides speech therapy, occupational therapy and physical therapy for children ages birth to 21 CON #109-14-5686(1) The Kid SpOt Center Campbellsville, Taylor County Establish a rehabilitation agency that $168,000.00 provides speech therapy, occupational therapy and physical therapy for children ages birth to 21

CON Public Notice 7/16/2015 CHART A Formal Review Proposals Scheduled for Decision October 14, 2015 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 October 14, 2015. 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 that they can be given comparative review. The following projects are included in this batching cycle: A – Organ Transplantation, Magnetic Resonance imaging, Positron Emission Tomography, Megavoltage Radiation, Cardiac Catheterization, Open Heart Surgery, Psychiatric Residential Treatment Facilities and New Technological Developments.

Main Street, 4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by July 31, 2015. 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 MEGAVOLTAGE RADIATION CON #093-06-5075(1) IASIS Radiation Center of Oldham County Crestwood, Oldham County Establish a fixed site megavoltage radiation $3,005,580.00 therapy service.

CON #007-13-205(14) Middlesboro ARH Hospital Middlesboro, Bell County Establish a fixed site megavoltage radiation $6,501,153.00 therapy program with a linear accelerator

CON #118-13-215(28) Baptist Health Corbin Corbin, Whitley County Establish a hospital based megavoltage $5,928,461.00 radiation therapy service

CON #063-13-5167(1) Saint Joseph London Radiation Therapy London, Laurel County Establish a fixed site megavoltage radiation $5,528,000.00 Service therapy service

CON #063-13-5196(1) Commonwealth Cancer Center London, Laurel County Establish a fixed site megavoltage radiation $3,013,088.00 therapy service

CON #063-13-5443(1) Saint Joseph Radiation Oncology London, Laurel County Establish a fixed site megavoltage radiation $5,528,000.00 therapy service

CON #109-14-5691(1) Taylor Regional Radiation Oncology, PLLC Campbellsville, Taylor Establish a megavoltage radiation therapy $918,708.00 County service

5 POSITRON EMISSION TOMOGRAPHY CON #059-07-5690(1) St. Elizabeth Healthcare - P.E.T. Imaging Crestview Hills, Kenton Establish a positron emission testing (PET) $2,673,500.00 Department County service

6 NEWSLETTER

Chart B Certificate of Need * Letters of Intent 6/13/2015 through 7/10/2015 Name and Location Project Description Date Received GROUND AMBULANCE Gregory L Spears MD PSC – Establish a Class VI ALS service to serve only persons attending or 06/24/2015 dba - Guardian Event Medical Support participating in scheduled events within the confines of the National Corvette Museum - Motorsports Park, Bowling Green, Warren County, Catlettsburg, Boyd County Kentucky. Gregory Spears 16702 Ponderosa Drive Catlettsburg, KY 41129-9045 (606) 571-0317 Gregory L Spears MD PSC – Establish a Class VI ALS service to serve only persons attending or 06/24/2015 dba - Guardian Event Medical Support participating in scheduled events within the confines of the Rush Offroad Motorsports Park, Rush, Boyd County, Kentucky. Catlettsburg, Boyd County

Gregory Spears 16702 Ponderosa Drive Catlettsburg, KY 41129-9045 (606) 571-0317

7 PRIVATE DUTY NURSING Maxim Healthcare Services, Inc. Establish a private duty nursing service to serve Christian, Daviess, 06/29/2015 Louisville, Jefferson County Hancock, Henderson, Hopkins, McLean, Muhlenberg, Ohio, Todd, Union and Webster Counties Randall Strause 804 Stone Creek Pkwy., Ste. One Louisville, KY 40223 (502) 426-1661 Maxim Healthcare Services, Inc. To establish a private duty nursing service to serve Allen, Barren, 06/29/2015 Louisville, Jefferson County Breckenridge, Butler, Edmonson, Grayson, Larue, Logan, Hart, Meade, Simpson and Warren Counties Randall Strause 804 Stone Creek Pkwy., Ste. One Louisville, KY 40223 (502) 426-1661 Maxim Healthcare Services, Inc. To establish a private duty nursing service to serve Boone, Campbell, 06/29/2015 Louisville, Jefferson County Carroll, Gallatin, Grant, Henry, Kenton, Owen, Pendleton and Trimble Counties Randall Strause 804 Stone Creek Pkwy., Ste. One Louisville, KY 40223 (502) 426-1661 Maxim Healthcare Services, Inc. To establish a private duty nursing service to serve Anderson, Bourbon, 06/29/2015 Louisville, Jefferson County Clark, Fayette, Franklin, Harrison, Jessamine, Madison, Mercer, Nelson, Rowan, Scott, Shelby, Spencer, Washington and Woodford Counties Randall Strause 804 Stone Creek Pkwy., Ste. One Louisville, KY 40223 (502) 426-1661 Respite Angels Homecare Services Establish a private duty nursing service to serve Marion, Nelson and 06/28/2015 Coxs Creek, Nelson County Washington Counties

Kristy Yates 3223 Murrays Run Road Coxs Creek, KY 40013 (502) 507-4709

8 NEWSLETTER

Chart C Certificate of Need * Applications Received 6/13/2015 through 7/10/2015 Name and Location Project Description Capital Cost Date Received HOME HEALTH AGENCY Cardinal Hill Rehabilitation Hospital Expand home health services to Scott County $20,000.00 07/01/2015 Lexington, Fayette County CON #034-15-1949(3)

Nancy Mitchell 2050 Versailles Road Lexington, KY 40504

Home Health Plus, Inc. Expand home health services to include McCracken County $0.00 06/30/2015 Murray, Calloway County CON #018-01-5316(5)

Faris Sardar 230 Lexington Green Circle, Suite 605 Lexington, KY 40503 (859) 219-3939

Maxim Healthcare Services, Inc. Establish a home health agency to serve Daviess and $175,000.00 07/01/2015 Louisville, Jefferson County Henderson Counties CON #056-06-5485(5)

Matthew Wilkinson 9420 Bunsen Pkwy., Suite 110 Louisville, KY 40220

9 Maxim Healthcare Services, Inc. Expand home health services to include Jessamine and Scott $15,000.00 07/01/2015 Lexington, Fayette County Counties CON #034-15-5699(1)

Matthew Wilkinson 9420 Bunsen Parkway, Suite 110 Louisville, KY 40220

Rainbow, LLC Expand home health services to include Allen, Barren, $15,000.00 07/01/2015 Bowling Green, Warren County Butler, Edmonson, Logan and Simpson Counties CON #114-04-5486(2)

Joy Forshee, RN 870 Fairview Ave., Suite A3 Bowling Green, KY 42101

Superior Homecare, LLC Establish a home health agency to serve Fayette County $5,000.00 06/29/2015 Louisville, Jefferson County CON #034-15-5700(1)

Aweys Sheikh 6408 Six Mile Lane #103 Louisville, KY 40218(502) 767-4765

Tech Medical Inc. Expand home health services to include Boyd County $40,000.00 07/01/2015 Greenup, Greenup County CON #045-10-5532(2)

Kitty Taylor 1621 Ashland Road Greenup, KY 41144 (606) 473-0016 Tech Medical Inc. Expand home health services to include Carter County $40,000.00 07/01/2015 Greenup, Greenup County 045-10-5532(3)

Kitty Taylor 1621 Ashland Rd. Greenup, KY 41144 (606) 473-0016

10 LIMITED SERVICES CLINIC The Little Clinic Relocate a licensed limited services clinic from 525 Marsailles $264,625.00 06/30/2015 Versailles, Woodford County Road to 212 Kroger Way, Versailles CON #120-15-5348(2)

Susan B. Steelman 2620 Elm Hill Pike Nashville, TN 37214 The Little Clinic Establish a limited services clinic $334,000.00 06/30/2015 Elizabethtown, Hardin County CON #047-05-5923(1)

Susan B. Steelman 2620 Elm Hill Pike Nashville, TN 37214 The Little Clinic Establish a limited services clinic $334,000.00 06/30/2015 Union, Boone County CON #008-07-5694(1)

Susan B. Steelman 2620 Elm Hill Pike Nashville, TN 37214 MOBILE HEALTH SERVICE Hospice East Establish a mobile health service to provide services similar to $65,225.00 07/01/2015 Winchester, Clark County the CMS Independence at Home demonstration project that CON #025-15-5698(1) include the provision of primary care and supportive services, as well as services to meet the new CMS benefit for case Debbie Jones management and palliative care for chronically ill patients in 407 Shoppers Drive their homes in Clark, Montgomery and Powell counties Winchester, KY 40391

11 PERSONAL CARE FACILITY Dominion Senior Living of Richmond Establish an eighty-four bed (84) personal care facility $8,055,000.00 06/30/2015 Richmond, Madison County CON #076-15-5695(1)

Josh Crisp PO Box 50123 Knoxville, TN 37950 (865) 310-1916

REHABILITATION AGENCY Children's Therapy Center, PSC Establish a rehabilitation agency $327,600.00 07/01/2015 Louisville, Jefferson County CON #056-06-5696(1)

Robert Hough 11802 Brinley Avenue, Suite 100 Louisville, KY 40243

Family Choice Care Home, LLC Establish a rehabilitation agency $0.00 06/30/2015 Richmond, Madison County CON #076-15-5697(1)

Linda Gregory 2150 Lexington Road, Suite G Richmond, KY 40475

12 CON #056-06-5392(1) Establish a nine (9) bed Level I Psychiatric Residential Treatment $36,062.00 APPROVAL Home of the Innocents PRTF - A Facility for females ages thirteen (13) to seventeen (17). (06/15/2015) Louisville, Jefferson County CON #056-06-5680(1) Establish a rehabilitation agency $137,760.00 APPROVAL Kaleidoscope, Inc. (06/25/2015) Louisville, Jefferson County

CON #059-07-740(12) Relocate a licensed psychiatric hospital from 502 Farrell Drive to $30,720,000.00 APPROVAL Northern Kentucky Behavioral Health Hospital Lots 5-A, 5-B, and 5-C, Circleport V, Dolwick Connector, Erlanger, (06/25/2015) Erlanger, Kenton County Kenton County

CON #054-02-5656(1) Establish a fifty-two (52) bed personal care facility $1,800,000.00 APPROVAL Oak Ridge Senior Living (06/25/2015) Madisonville, Hopkins County

CON #089-02-5679(1) Establish an ambulatory care clinic $22,957,000.00 APPROVAL Owensboro Health Medical Group, Inc dba One Health (06/25/2015) Powderly, Muhlenberg County

CON #059-07-5681(1) Establish an ambulatory care clinic $19,615,064.00 APPROVAL The Christ Hospital Outpatient Center - Ft. Wright (06/25/2015) Ft. Wright, Kenton County

CON #059-07-5509(2) Relocate a licensed rehabilitation agency from 330 Thomas $1,114,501.28 APPROVAL The Christ Hospital Rehabilitation Agency - Ft. Wright More Parkway, Suite 202, to 1955 Dixie Highway, Suite J, (06/25/2015) Ft. Wright, Kenton County Kenton County

CON #037-15-5628(1) Establish a limited services clinic $217,150.00 APPROVAL The Little Clinic (06/25/2015) Frankfort, Franklin County CON #034-15-5629(1) Establish a limited services clinic $217,150.00 APPROVAL The Little Clinic (06/25/2015) Lexington, Fayette County CON #025-15-5601(1) Expand home health services to include Montgomery County $2,000.00 DISAPPROVAL Clark County Home Health Agency (06/29/2015) Winchester, Clark County CON #056-06-5580(1) Establish a six (6) bed personal care facility $95,520.00 REVOKED PER Serenity Personal Care Home APPLICANT’S Louisville, Jefferson County REQUEST (06/19/2015)

13 CON #056-06-3999(4) Establish home health services limited to home infusion therapy $102,000.00WITHDRAWAL Walgreens Infusion Services services in Greenup and Boyd Counties (06/30/2015) Louisville, Jefferson County

14 CHART E ADVISORY OPINION 6/13/2015 through 07/10/2015 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, 4WE, 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-21-15 Baptist Health Counseling Baptist Health Louisville to establish a clinic named Baptist Health CON is not required pursuant to KRS 216B.020(1) Counseling to provide outpatient mental health services. which provides for an exemption for outpatient behavioral health treatment.

06/23/2015 AO-22-15 ABC Specialists Hospital-owned physician practice specializing in pediatric cardiology CON is not required pursuant to KRS 216B.020(1) as this to operate clinic to provide general cardiology services to would qualify as a special clinic individuals up to 21 years of age and younger. 07/08/2015