CABINET FOR HEALTH AND FAMILY SERVICES OFFICE OF HEALTH POLICY DIVISION OF CERTIFICATE OF NEED 275 E. Main Street, 3CB Ernie Fletcher Frankfort, KY 40621 Mark D. Birdwhistell Governor (502) 564-9589 Secretary Fax: (502) 564-0302 www.chfs.ky.gov/ohp/con

CERTIFICATE OF NEED NEWSLETTER February 15, 2007

REVISED TIMETABLE

The batching cycle/timetable has been updated. The revised timetable can be found at Revised Batching Cycle/Timetable.

FILING DEADLINE FOR HEARING MATERIALS

Various deadlines associated with hearings were recently modified by 900 KAR 6:050. A chart entitled “Filing Deadlines for Hearing Materials” setting forth such deadlines, as well as the required forms, can now be found at www.chfs.ky.gov/ohp/con.

- 1 NOTICE OF PUBLIC HEARINGS

Public hearings have been scheduled as follows:

Thursday, March 8, 2007 and Friday, March 9, 2007, both days at 9:00 a.m. in the Auditorium, Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky The Ambulatory Care Center of Jessamine County, C/N #057-15-4049(2), AHB CON 07- 063, (Nicholasville, Jessamine County) Modify C/N #057-15-4049(1) approved 6/06 to establish an ambulatory care center by establishing a fixed-site magnetic resonance imaging (MRI) service at this location. Capital Expenditure: $2,310,000.00

Thursday, March 15, 2007, at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East, 275 East Main Street, Frankfort, Kentucky Cedar Lake Lodge, C/N #093-06-743(6), AHB CON 06-1106, (LaGrange, Oldham County) Add eleven (11) ICF/MRDD beds. Capital Expenditure: $0.00 (Rescheduled from February 28, 2007)

Tuesday, March 20, 2007, at 9:00 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East, 275 East Main Street, Frankfort, Kentucky Bluegrass Regional Imaging, C/N #034-15-5022(1), AHB CON 07-064, (Lexington, Fayette County) Establish a fixed site positron emission tomography (PET) service. Capital Expenditure: $2,700,000.00

Wednesday, March 21, 2007, at 8:30 a.m. in the Administrative Hearings Branch Conference Room, Health Services Building, 1st Floor East, 275 East Main Street, Frankfort, Kentucky KDMC Mobile Imaging Services, C/N #010-10-5024(1), AHB CON 07-060, (Ashland, Boyd County) Establish a mobile magnetic resonance imaging (MRI) service to serve Grayson Family Care Center (Carter County), Olive Hill Family Care Center (Carter County), and KDMC Family Care Center (Boyd County). Capital Expenditure: $4,317,000.00

Tuesday, March 27, 2007 and Wednesday, March 28, 2007, both days at 9:00 a.m. in the Auditorium, Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky St. Luke Hospital East, C/N #019-07-568(20), AHB CON 07-052, (Fort Thomas, Campbell County) Establish a therapeutic cardiac catheterization program without open heart surgery. $1,664,185.00

Thursday, March 29, 2007, at 9:00 a.m. in the Auditorium, Health Services Building, 1st Floor, 275 East Main Street, Frankfort, Kentucky Flaget Cancer Center, C/N #090-05-5026(1), AHB CON 07-054, (Bardstown, Nelson County) Establish a megavoltage radiation therapy service. $4,308,440.00

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 on audio cassette tape. Please inform this office if a court reporter is to be present or not. - 2 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 of Certificate of Need 275 East Main Street, 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 CON office 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 6:050, Section 16 and made available at www.chfs.ky.gov/ohp/con.

If you will be participating in a CON hearing, you must provide a list of persons expected to attend the hearing to Koryn Troxell, 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.

- 3 CON PUBLIC NOTICE 2/15/07 CHART A

Non-Sub Proposals Scheduled for Decision March 22, 2007

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 March 22, 2007. 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, if applicable. 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 Certificate of Need Office, 275 East Main Street, 3CB, Frankfort, Kentucky 40621. All requests must be received within 10 days of this notice, or by February 25, 2007. 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

THERE ARE NO NON-SUB PROPOSALS

4 CON PUBLIC NOTICE 2/15/07 CHART A

Formal Review Proposals Scheduled for Decision May 16, 2007

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 May 16, 2007. 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, if applicable. 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 Certificate of Need Office, 275 East Main Street, 3CB, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or by March 2, 2007. 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 #030-03-1872(44) FAMILY HOME HEALTH CARE, Owensboro, Daviess Expand a home health agency to serve $0.00 INC. County Henderson County. CON #030-03-1872(48) FAMILY HOME HEALTH CARE, Owensboro, Daviess Expand a home health agency to serve Christian $200,200.00 INC. County County. CON #007-13-4086(2) FAMILY HOME HEALTH CARE, Middlesboro, Bell County Expand a home health agency to serve Clay $0.00 S.E. County. CON #118-13-4083(1) SUNBELT HOMECARE Out of State Establish a home health agency to serve Whitley $0.00 County. CON #118-13-4084(1) HORIZON HOME HEALTH Williamsburg, Whitley Establish a home health agency to serve Whitley $42,000.00 County County. CON #034-15-1931(7) NURSES REGISTRY AND HOME Lexington, Fayette Establish/expand home health services to Bath, $85,000.00 HEALTH CORPORATION County Breathitt, Carter, Elliott, Fleming, Jackson, Lee, Lewis, Lincoln, Magoffin, Menifee, Montgomery, Morgan, Owsley, Powell, Robertson, Rockcastle, 5 Number Name Location Project Description Project Cost

Rowan, Washington and Wolfe counties.

CON #034-15-1931(8) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Adair $0.00 HEALTH CORPORATION County County. CON #034-15-1931(9) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Shelby $0.00 HEALTH CORPORATION County County. CON #034-15-1931(10) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve $0.00 HEALTH CORPORATION County Montgomery County. CON #034-15-1931(11) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Powell $0.00 HEALTH CORPORATION County County. CON #034-15-1931(12) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve $0.00 HEALTH CORPORATION County Washington County. CON #034-15-1931(13) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve $0.00 HEALTH CORPORATION County Rockcastle County. CON #034-15-1931(14) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Menifee $0.00 HEALTH CORPORATION County County. CON #034-15-1931(15) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Casey $0.00 HEALTH CORPORATION County County. CON #034-15-1931(16) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Bath $0.00 HEALTH CORPORATION County County. CON #034-15-1931(17) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Marion $0.00 HEALTH CORPORATION County County. CON #034-15-1931(18) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Jackson $0.00 HEALTH CORPORATION County County. CON #034-15-1931(19) NURSES REGISTRY AND HOME Lexington, Fayette Expand a home health agency to serve Lincoln $0.00 HEALTH CORPORATION County County. CON #034-15-3319(2) NR INC Lexington, Fayette Establish a home health agency to serve Fayette $0.00 County County. CON #105-15-1872(46) FAMILY HOME HEALTH CARE, Georgetown, Scott Expand a home health agency to serve Jefferson $0.00 INC. County County. CON #105-15-1872(47) FAMILY HOME HEALTH CARE, Georgetown, Scott Expand a home health agency to serve Bracken $224,000.00 - 6 Number Name Location Project Description Project Cost

INC. County County.

HOSPICE

CON #030-03-1742(4) HOSPICE AND PALLIATIVE Owensboro, Daviess Expand hospice agency to serve McLean, Ohio, $1,294,211.00 CARE OF THE OHIO VALLEY, County Hopkins, Muhlenberg, Butler, Edmonson, Hart, INC. Warren, Barren, Simpson, Allen, Monroe, Metcalfe, Laurel, Clay, Knox, Whitley, Wolfe, Magoffin, Floyd and Pike counties.

- 7 NEWSLETTER Certificate of Need * Letters of Intent Received Chart B 1/16/06 through 2/9/07

Name and Location Project Description Date Received DAY HEALTH CARE PROGRAM THE RESPITE CARE CENTER USA INC. Establish a day health care center. 1/18/07 Lexington, Fayette County SPRING VIEW ADULT DAY HEALTH Establish a day health care program. 1/26/07 CARE Leitchfield, Grayson County ADULT DAY CARE CENTER Establish a day health care center. 1/29/07 London, Laurel County HOME HEALTH AGENCY CARING HEARTS OF KY HOME HEALTH Establish a home health agency. 1/24/07 SERVICE Winchester, Clark County HOSPITAL ACUTE CARE UNIVERSITY OF KENTUCKY Add up to 192 acute care beds. 1/23/07 Lexington, Fayette County LINEAR ACCELERATOR 21st CENTURY ONCOLOGY Establish a megavoltage radiation service. 2/5/07 Hillview, Bullitt County PC FACILITY CROSSROADS CENTER Establish a twenty (20) bed personal care facility. 1/26/07 Liberty, Casey County GRANDVIEW CARE Establish a one hundred (100) bed personal care 1/26/07 facility. Louisville, Jefferson County THE HOMEPLACE AT MIDWAY Establish a twelve (12) bed personal care facility. 1/29/07 Midway, Woodford County MRI DUPONT HIGHFIELD OPEN MRI Establish a fixed site magnetic resonance imaging 2/8/07 (MRI) service. Louisville, Jefferson County

8 NEWSLETTER Certificate of Need * Applications Received Chart C 1/13/07 through 2/9/07

Name and Location Project Description Capital Cost Date Received GROUND AMBULANCE CON #064-10-3219(3) Establish a Class I (ALS/BLS) ground ambulance $80,425.00 1/23/07 service to serve Lawrence County (emergency NET CARE AMBULANCE circumstances). SERVICE Louisa, Lawrence County CON #045-10-2232(7) Establish a Class I (ALS/BLS) ambulance service to $300,000.00 1/24/07 serve Boyd, Greenup and Lewis counties. LIFE AMBULANCE SERVICE INC Portsmouth Ohio MRI CON #056-06-3969(2) Modify C/N #056-06-3969(1) issued 11/05 to $0.00 1/23/07 establish a specialized medical technology service JEWISH HOSPITAL to provide MRI services by a change of location AMBULATORY IMAGING- from 7800 Dixie Highway to 8113 Bardstown Road BAPTIST ROAD (formerly Dixie Highway) Louisville, Jefferson County REHABILITATION AGENCY CON #057-15-5029(1) Establish a rehabilitation agency. $60,400.00 1/23/07 KORT – WILMORE PHYSICAL THERAPY Wilmore, Jessamine County

9 NEWSLETTER Certificate of Need * Actions Since Last Newsletter Chart D 1/13/07 through 2/9/07 FORMAL REVIEW APPROVALS CON #061-13-3652(2) Establish a day health care program. $126,000.00 APPROVAL FRIENDS AND COMPANIONS – (01/17/07) KNOX COUNTY Barbourville, Knox County CON #042-01-5007(1) Establish a day health care program. $0.00 APPROVAL GENERATIONS ADULT DAY (01/17/07) SERVICES Mayfield, Graves County CON #084-15-5005(1) Establish a day health care program. $15,000.00 APPROVAL MERCER COUNTY ADULT DAY (01/17/07) HEALTH PROGRAM Harrodsburg, Mercer County CON #085-04-5003(1) Establish a day health care program. $16,800.00 APPROVAL METCALFE COUNTY ADULT (01/17/07) DAY HEALTH PROGRAM Edmonton, Metcalfe County CON #014-05-5001(1) Establish a day health care program. $0.00 APPROVAL P L KASEY SENIOR CENTER (01/17/07) ADULT DAY HEALTH CARE Irvington, Breckinridge County CON #049-15-4079(1) Establish a magnetic resonance imaging $1,162,500.00 APPROVED ON RECONSIDERATION HMH IMAGING LLC (MRI) service. If approved, Certificate of Need issued to Harrison Memorial Hospital (01/26/07) Cynthiana, Harrison County to establish a hospital based MRI service approved 8/04 will be revoked. DEFERRALS CON #034-15-4060(1) Establish a megavoltage radiation therapy $5,632,775.00 DEFERRAL CENTRAL BAPTIST RADIATION service. (1/29/07) ONCOLOGY Lexington, Fayette County CON #076-15-1553(8) Establish an eighteen (18) bed long term $703,000.00 DEFERRAL SAINT JOSEPH BEREA acute care hospital. (1/17/07) HOSPITAL Berea, Madison County CON #045-10-1398(38) Establish a hospital based positron $4,020,050.00 DEFERRAL OUR LADY OF BELLEFONTE emission tomography (PET) service. (02/08/07) HOSPITAL Ashland, Greenup County

WITHDRAWAL-10 CON #114-04-4075(1) Establish a megavoltage radiation therapy $2,399,492.00 WITHDRAWAL IASIS RADIATION CENTER OF service. (01/17/07) NEWSLETTER Certificate of Need * Actions Since Last Newsletter Chart D 1/13/07 through 2/9/07 FORMAL REVIEW APPROVALS CON #061-13-3652(2) Establish a day health care program. $126,000.00 APPROVAL FRIENDS AND COMPANIONS – (01/17/07) KNOX COUNTY Barbourville, Knox County CON #042-01-5007(1) Establish a day health care program. $0.00 APPROVAL GENERATIONS ADULT DAY (01/17/07) SERVICES Mayfield, Graves County CON #084-15-5005(1) Establish a day health care program. $15,000.00 APPROVAL MERCER COUNTY ADULT DAY (01/17/07) HEALTH PROGRAM Harrodsburg, Mercer County CON #085-04-5003(1) Establish a day health care program. $16,800.00 APPROVAL METCALFE COUNTY ADULT (01/17/07) DAY HEALTH PROGRAM Edmonton, Metcalfe County CON #014-05-5001(1) Establish a day health care program. $0.00 APPROVAL P L KASEY SENIOR CENTER (01/17/07) ADULT DAY HEALTH CARE Irvington, Breckinridge County CON #049-15-4079(1) Establish a magnetic resonance imaging $1,162,500.00 APPROVED ON RECONSIDERATION HMH IMAGING LLC (MRI) service. If approved, Certificate of Need issued to Harrison Memorial Hospital (01/26/07) Cynthiana, Harrison County to establish a hospital based MRI service approved 8/04 will be revoked. DEFERRALS CON #034-15-4060(1) Establish a megavoltage radiation therapy $5,632,775.00 DEFERRAL CENTRAL BAPTIST RADIATION service. (1/29/07) ONCOLOGY Lexington, Fayette County CON #076-15-1553(8) Establish an eighteen (18) bed long term $703,000.00 DEFERRAL SAINT JOSEPH BEREA acute care hospital. (1/17/07) HOSPITAL Berea, Madison County CON #045-10-1398(38) Establish a hospital based positron $4,020,050.00 DEFERRAL OUR LADY OF BELLEFONTE emission tomography (PET) service. (02/08/07) HOSPITAL Ashland, Greenup County

WITHDRAWAL-11 CON #114-04-4075(1) Establish a megavoltage radiation therapy $2,399,492.00 WITHDRAWAL IASIS RADIATION CENTER OF service. (01/17/07) NEWSLETTER Certificate of Need * Actions Since Last Newsletter Chart D 1/13/07 through 2/9/07 FORMAL REVIEW APPROVALS CON #061-13-3652(2) Establish a day health care program. $126,000.00 APPROVAL FRIENDS AND COMPANIONS – (01/17/07) KNOX COUNTY Barbourville, Knox County CON #042-01-5007(1) Establish a day health care program. $0.00 APPROVAL GENERATIONS ADULT DAY (01/17/07) SERVICES Mayfield, Graves County CON #084-15-5005(1) Establish a day health care program. $15,000.00 APPROVAL MERCER COUNTY ADULT DAY (01/17/07) HEALTH PROGRAM Harrodsburg, Mercer County CON #085-04-5003(1) Establish a day health care program. $16,800.00 APPROVAL METCALFE COUNTY ADULT (01/17/07) DAY HEALTH PROGRAM Edmonton, Metcalfe County CON #014-05-5001(1) Establish a day health care program. $0.00 APPROVAL P L KASEY SENIOR CENTER (01/17/07) ADULT DAY HEALTH CARE Irvington, Breckinridge County CON #049-15-4079(1) Establish a magnetic resonance imaging $1,162,500.00 APPROVED ON RECONSIDERATION HMH IMAGING LLC (MRI) service. If approved, Certificate of Need issued to Harrison Memorial Hospital (01/26/07) Cynthiana, Harrison County to establish a hospital based MRI service approved 8/04 will be revoked. DEFERRALS CON #034-15-4060(1) Establish a megavoltage radiation therapy $5,632,775.00 DEFERRAL CENTRAL BAPTIST RADIATION service. (1/29/07) ONCOLOGY Lexington, Fayette County CON #076-15-1553(8) Establish an eighteen (18) bed long term $703,000.00 DEFERRAL SAINT JOSEPH BEREA acute care hospital. (1/17/07) HOSPITAL Berea, Madison County CON #045-10-1398(38) Establish a hospital based positron $4,020,050.00 DEFERRAL OUR LADY OF BELLEFONTE emission tomography (PET) service. (02/08/07) HOSPITAL Ashland, Greenup County

WITHDRAWAL-12 CON #114-04-4075(1) Establish a megavoltage radiation therapy $2,399,492.00 WITHDRAWAL IASIS RADIATION CENTER OF service. (01/17/07) NEWSLETTER Certificate of Need * Actions Since Last Newsletter Chart D 1/13/07 through 2/9/07 FORMAL REVIEW APPROVALS CON #061-13-3652(2) Establish a day health care program. $126,000.00 APPROVAL FRIENDS AND COMPANIONS – (01/17/07) KNOX COUNTY Barbourville, Knox County CON #042-01-5007(1) Establish a day health care program. $0.00 APPROVAL GENERATIONS ADULT DAY (01/17/07) SERVICES Mayfield, Graves County CON #084-15-5005(1) Establish a day health care program. $15,000.00 APPROVAL MERCER COUNTY ADULT DAY (01/17/07) HEALTH PROGRAM Harrodsburg, Mercer County CON #085-04-5003(1) Establish a day health care program. $16,800.00 APPROVAL METCALFE COUNTY ADULT (01/17/07) DAY HEALTH PROGRAM Edmonton, Metcalfe County CON #014-05-5001(1) Establish a day health care program. $0.00 APPROVAL P L KASEY SENIOR CENTER (01/17/07) ADULT DAY HEALTH CARE Irvington, Breckinridge County CON #049-15-4079(1) Establish a magnetic resonance imaging $1,162,500.00 APPROVED ON RECONSIDERATION HMH IMAGING LLC (MRI) service. If approved, Certificate of Need issued to Harrison Memorial Hospital (01/26/07) Cynthiana, Harrison County to establish a hospital based MRI service approved 8/04 will be revoked. DEFERRALS CON #034-15-4060(1) Establish a megavoltage radiation therapy $5,632,775.00 DEFERRAL CENTRAL BAPTIST RADIATION service. (1/29/07) ONCOLOGY Lexington, Fayette County CON #076-15-1553(8) Establish an eighteen (18) bed long term $703,000.00 DEFERRAL SAINT JOSEPH BEREA acute care hospital. (1/17/07) HOSPITAL Berea, Madison County CON #045-10-1398(38) Establish a hospital based positron $4,020,050.00 DEFERRAL OUR LADY OF BELLEFONTE emission tomography (PET) service. (02/08/07) HOSPITAL Ashland, Greenup County

WITHDRAWAL-13 CON #114-04-4075(1) Establish a megavoltage radiation therapy $2,399,492.00 WITHDRAWAL IASIS RADIATION CENTER OF service. (01/17/07) ADVISORY OPINION REPORT 1/13/07 through 2/9/07 Chart E

Any affected persons who desire a public hearing on an advisory opinion must submit requests in writing to the Office of Certificate of Need, 275 East Main Street, 3CB, 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.

Number Facility/Service Proposal Decision and Date AO-06-07 PEOPLE’S CLINIC Whether an entity proposing to CON is not required pursuant to KRS FOUNDATION INC. provide free medical care, education 216B.020(1) as this would be a and social services for uninsured special health clinic. individuals in Eastern Kentucky 01/31/07 would be required to obtain a CON

-14 REVOCATIONS 1/13/07 through 2/9/07 Chart F Name and Location Project Description Capital Cost Action/Date

THERE ARE NO REVOCATIONS TO REPORT

-15