CABINET FOR HEALTH AND FAMILY SERVICES OFFICE OF HEALTH POLICY Steven L. Beshear 275 East Main Street, 4W-E Janie Miller Governor Frankfort, Kentucky 40621 Secretary Telephone: (502) 564-9589 FAX: (502) 564-0302 www.chfs.ky.gov/ohp/con 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. 1 NOTICE OF PUBLIC HEARIN GS

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

2 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.

3 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 Paducah, MCCRACKEN County Establish home health services to include $76,500.00 County Graves County

CON #114-04-1795(17) Lifeline Health Care of Warren Bowling Green, Warren Establish/expand home health service to $262,500.00 County Bullitt County. CON #114-04-1795(19) Lifeline Health Care of Warren Bowling Green, Warren Establish home health services in Calloway $275,000.00 County County. CON #114-04-5116(1) Local Home Infusion, LLC Bowling Green, Warren Establish a home health agency to serve $0.00 County Warren County. CON #056-06-2422(4) Community Alternatives Home Care, Inc Louisville, Jefferson County Establish a home health agency to serve $0.00 d/b/a/ ResCare HomeCare Warren County. CON #036-11-3197(4) Highlands Home Health Prestonsburg, Floyd County Expand home health services to include $132,000.00 Martin and Magoffin counties. CON #098-11-5175(1) Amedisys Home Health Pikeville, Pike County Establish a home health agency to $202,500.00 serve Pike County

4 CON #026-13-3202(3) Memorial Hospital Home Health Manchester, Clay County Establish/expand home health service to $12,600.00 Whitley County.

CON #026-13-3202(4) Memorial Hospital Home Health Manchester, Clay County Expand home health services to Pike and $0.00 Perry counties. CON #100-14-1948(12) Lifeline Health Care of Pulaski Somerset, Pulaski County Establish/Expand home health services to $250,000.00 Oldham County. CON #100-14-1948(8) Lifeline Health Care of Pulaski Somerset, Pulaski County Establish/expand home health service to $0.00 Laurel and Jackson Counties. CON #034-15-1914(2) Professional Home Health Care Agency, Lexington, Fayette County Establish a home health agency to serve $105,000.00 Inc. Fayette County. CON #034-15-1931(7) Nurses Registry and Home Health Lexington, Fayette County Establish/expand home health services to $85,000.00 Corporation Bath, Breathitt, Carter, Elliott, Fleming, Jackson, Lee, Lewis, Lincoln, Magoffin, Menifee, Montgomery, Morgan, Owsley, Powell, Robertson, Rockcastle, Rowan, Washington and Wolfe counties.

CON #034-15-1931(8) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Adair County. CON #034-15-1931(9) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Shelby County. CON #034-15-1931(10) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to $0.00 Corporation serve Montgomery County. CON #034-15-1931(11) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Powell County. CON #034-15-1931(12) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Washington County. CON #034-15-1931(13) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Rockcastle County. CON #034-15-1931(14) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Menifee County.

5 CON #034-15-1931(15) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Casey County. CON #034-15-1931(16) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to $0.00 Corporation serve Bath County. CON #034-15-1931(17) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Marion County. CON #034-15-1931(18) Nurses Registry and Home Health Lexington, Fayette County Expand a home health agency to serve $0.00 Corporation Jackson County. CON #034-15-1931(19) Nurses Registry and Home Health Lexington, Fayette County Expand home health agency to serve $0.00 Corporation Lincoln County. CON #034-15-5046(2) Lifeline Health Care of Fayette Lexington, Fayette County Establish/expand home health service to $0.00 Madison County. HOSPICE CON #030-03-1742(6) Hospice and Palliative Care of Ohio Owensboro, Daviess Establish/expand hospice services to $0.00 Valley, Inc. County McLean County.

CON #007-13-5146(1) Continuum Home Care & Hospice of Bell Pineville, Bell County Establish hospice service to serve Bell $94,000.00 County County.

6 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 Establish an adult day health care program. 07/22/2010 Jefferson County

Serge Adamov 17036 Ashburton Drive Louisville, KY 40245 (502) 384-5144 Christian Care Communities, Inc. Establish an adult day health care program. 07/28/2010

Louisville, Jefferson County

Mary Lynn Spalding

12710 Townepark Way, Suite 1000 Louisville, KY 40243(502) 254-4200

Christian Care Communities, Inc. dba Garden Grace, LLC Establish an adult day health care program. 07/28/2010 Owensboro, Daviess County

Mary Lynn Spalding 12710 Townepark Way, Suite 1000

Louisville, KY 40243(502) 254-4200

7 Masonic Homes of Kentucky Adult Day Establish an adult day health care program. 07/14/2010

Masonic Home, Jefferson County

Gary Marsh 3761 Johnson Hall Drive Masonic Home, KY 40041 (502) 259-9627

STFRNISE – Hope Project Establish an adult day health care program. 08/04/2010 Louisville, Jefferson County

Vikki L.R. Marchman P. O. Box 11922 Louisville, KY 49251 (502) 418-4804

HOME HEALTH AGENCY Caring Companions, LLC Establish a home health agency to serve Pike County, Kentucky. 07/15/2010

Galax, Pike County

Gloria Tucker 2022 Springdale Avenue Charlotte, NC 28203 (980) 333-7929

Lean On Me, LLC Establish a home health agency to serve Pulaski County. 07/23/2010 Somerset, Pulaski County

Cindy Akers P. O. Box 4061 West Somerset, KY 42564 (866) 295-9971

8 PERSONAL CARE FACILITY

Morning Pointe of Lexington Establish an eighty (80) bed personal care facility. 07/27/2010 Lexington, Fayette, County

J. Franklin Farrow P. O. Box 813 Ooltewah, TN 37363 (423) 238-5330 REHABILITATION AGENCY Kentucky Orthopedic Rehabilitation LLC Establish a rehabilitation agency. 08/02/2010 Owensboro, Daviess County

Melanie Laughman 4714 Gettysburg Road Mechanicsburg, PA (717) 975-4503

9 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 Relocate a licensed day health care program from 922 Happy $152,800.00 07/23/2010 Glasgow, Barren County Valley Road to 107 Myrtle Street, Glasgow. CON #005-04-3250(2)

Laura Belcher 1301 N. Race Street Glasgow, KY 42141 (270) 651-4344 PRIVATE DUTY NURSING Christian Care Communities, Inc. Establish a private duty nursing service to serve Warren $43,000.00 07/28/2010 County. Bowling Green, Warren County CON #114-04-5233(1)

Mary Lynn Spalding

12710 Townepark Way, Suite 1000 Louisville, KY 40243 (502) 254-4200

10 Maxim Healthcare Services Expand private duty nursing services to Fayette County $0.00 07/29/2010 Louisville, Jefferson County CON #056-06-3621(2)

Scott Adamo

9300 Shebyville Road, Suite 701 Louisville, KY 40222 (502) 426-4454

Maxim Healthcare Services Expand private duty nursing services to Madison County $0.00 07/28/2010 Louisville, Jefferson County CON #056-06-3621(3)

Scott Adamo

9300 Shelbyville Road, Suite 701 Louisville, KY 40222 (502) 426-4454

Maxim Healthcare Services Expand private duty nursing services to Grayson, Nelson and $0.00 07/28/2010 Louisville, Christian County Christian Counties CON #056-06-3621(4)

Scott Adamo

9300 Shelbyville Road, Suite 701 Louisville, KY 40222 (502) 426-4454 NURSING FACILITY Clark Regional Medical Center Nursing Facility Change location of a licensed hospital-based nursing facility $812,500.00 08/03/2010 Winchester, Clark County from 1107 West Lexington Avenue to One Hospital Drive, Winchester, KY CON #025-15-5239(1)

Katherine S. Love 1107 West Lexington Avenue Winchester, KY 40391 (859) 745-3557

11 REHABILITATION AGENCY Central Baptist Outpatient Rehabilitation - Brannon Establish a rehabilitation agency. $540,826.00 07/28/2010

Crossing Nicholasville, Jessamine County CON #057-15-5237(1)

Gary Barnes 1740 Nicholasville Road Lexington, KY 40503 (859) 260-6587

Clark Regional Medical Center Rehab Establish a rehabilitation agency $287,500.00 07/28/2010 Winchester, Clark County CON #025-15-5236(1)

Katherine S. Love 1107 West Lexington Avenue Winchester, KY 40391 (859) 745-3557

Norton Rehab Services - DBC Establish a rehabilitation agency $957,950.00 07/28/2010 Louisville, Jefferson County CON #056-06-5236(1)

Mary Jo Bean 234 E. Gray Street, Suite 350 Louisville, KY 40202 (502) 629-2966

Premier Home Care, Inc. Establish a rehabilitation agency $195,999.00 07/29/2010 Richmond, Madison County CON #076-15-5235(1)

Edwin A. Logan 114 West Clinton Street Frankfort, KY 40601 (502) 875-3884

12 Premier Rehabilitation and Medical Services, LLC Establish a rehabilitation agency $249,400.00 07/28/2010 Georgetown, Scott County CON #105-15-5238(1)

Colleen McKinley

614 West Main Street Suite 4000 Louisville, KY 40202 (502) 568-9363 Saint Joseph - London Outpatient Rehabilitation Establish a rehabilitation agency $227,234.00 07/29/2010

Services London, Laurel County CON #063-13-5232(1)

Kelly Elkins One Saint Joseph Drive Lexington, KY 40504 (859) 313-1619

Saint Joseph Park Physical Therapy Change the location of a licensed rehabilitation agency from 1401 $100,000.00 07/26/2010 Lexington, Fayette County Harrodsburg Road to 3251 Beaumont Center Circle, Lexington. CON #034-15-2282(2)

Kelly Elkins One Saint Joseph Drive Lexington, KY 40504 (859) 313-1619

Windsor Gardens CCRC Establish a rehabilitation agency. $0.00 07/27/2010 Bardstown, Nelson County CON #090-05-5231(1)

Gail Harris 101 Isaac Greer Court Bardstown, KY 40004 (502) 349-6214

13 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) Establish an adult day health care center. $485,000.00 APPROVAL

Access Adult Health Day Care (07/14/2010) Louisville, Jefferson County CON #056-06-5217(1) Establish a day health care program. $1,550,020.00 APPROVAL Heartsong Adult Day (07/14/2010) Louisville, Jefferson County CON #100-14-316(40) Modify CON #100-14-316(39), issued 3/09 to add 45 acute care $1,547,691.00 APPROVAL

Lake Cumberland Regional Hospital beds, by a cost escalation in the amount of $1,547,691. (07/14/2010) Somerset, Pulaski County CON #058-11-2361(6) Modify CON #058-11-2361(5), granted 12/2005, to transfer 10 $3,567,268.00 APPROVAL Mountain Manor of Paintsville NF beds from West Liberty Nursing and Rehab, Morgan County, (07/14/2010) Paintsville, Johnson County to Mountain Manor of Paintsville, Johnson County through a cost escalation in the amount of $1,340,267.52. CON #034-15-5222(1) Establish a sixty-two (62) bed nursing facility on the campus of $24,885,441.00 APPROVAL Eastern State Hospital Eastern State Hospital. (08/06/2010) Lexington, Fayette County DEFERRALS

CON #098-11-5138(1) Establish a fixed site magnetic resonance imaging (MRI) $722,019.00 DEFERRAL

Open Stand Up MRI of Pikeville facility (07/22/2010) Pikeville. Pike County

CON #045-10-1398(41) Establish a primary angioplasty/therapeutic cardiac $759,000.00 DEFERRAL

Our Lady of Bellefonte Hospital catheterization service. (07/12/2010) Ashland, Greenup County

CON #045-10-1398(40) Establish a hospital based positron emission tomography $4,020,500.00 DEFERRAL Our Lady of Bellefonte Hospital (PET) service. (07/21/2010) Ashland, Greenup County

14 CON #102-13-115(10) To add fourteen (14) nursing facility beds. $112,000.00 DEFERRAL

Rockcastle Health and Rehabilitation Center (07/12/2010) Brodhead, Rockcastle County

CON #102-13-115(9) To relocate fifteen (15) nursing facility beds from Lee County Care $0.00 DEFERRAL

Rockcastle Health and Rehabilitation Center and Rehabilitation Center to Rockcastle Health and Rehabilitation (07/12/2010) Brodhead, Rockcastle County Center.

DISAPPROVALS

CON #111-02-1766(7) Expand home health services to include Calloway County. $58,800.00 DISAPPROVAL (07/13/2010) Trigg County Home Health Cadiz. Trigg County

15 CHART E ADVISORY OPINION 07/10/2010 through 08/13/2010 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

THERE ARE NO ADVISORY OPINIONS TO PUBLISH

16