The General Assembly finds that the licensure of health facilities and health services is a
means to insure that the citizens of this Commonwealth will have safe, adequate, and
efficient medical care; that the proliferation of unnecessary health-care facilities, health
services, and major medical equipment results in costly duplication and underuse of such
facilities, services, and equipment; and that such proliferation increases the cost of quality
health care within the Commonwealth. Therefore, it is the purpose of this chapter to fully
authorize and empower the Cabinet for Health and Family Services to perform any
certificate-of-need function and other statutory functions necessary to improve the quality
and increase access to health-care facilities, services, and providers, and to create a cost-
efficient health-care delivery system for the citizens of the Commonwealth.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 504, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 448, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 371, sec. 36, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7,
sec. 22, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 4, effective
July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 1, effective July 15, 1982. --
Created 1980 Ky. Acts ch. 135, sec. 1, effective July 15, 1980.
Notes of Decisions
Vanhook v. Somerset Health Facilities, LP, 67 F. Supp. 3d 810 (E.D. Ky. 2014).
· cites it 10× “] Kentucky Revised Statutes Chapter 216 imposes specific licensure and public health standards on Kentucky long-term care facilities, KRS §§ 216.”
Phillip Truesdell v. Eric Friedlander, 80 F.4th 762 (6th Cir. 2023).
· cites it 4× “Ky. Rev. Stat. § 216B.010. So before a business may open a new “health facility”—including a facility providing ambulance services—the business must obtain a “certificate of need.”
Martin Cnty. Home Health Care v. Health, 214 S.W.3d 324 (Ky. Ct. App. 2007).
· cites it 3× “The Board’s functions were transferred to the Cabinet for Human Resources (Cabinet) by KRS 216B.010, enacted effective July 15, 1996.”
Humana of Kentucky, Inc. v. NKC Hospitals, Inc., 751 S.W.2d 369 (Ky. 1988).
· cites it 2× “KRS 216B.010, “Legislative findings and purposes,” provides among the reasons for establishing a state regulatory process, “the proliferation of unnecessary health care facilities, health services and major medical equipment results in costly duplication and underuse of such…”
Foster v. Jennie Stuart Med. Ctr., Inc., 435 S.W.3d 629 (Ky. Ct. App. 2013).
“KRS 216B.010 states that one of the purposes of Chapter 216B is to “improve the quality and increase access to healthcare facilities, services, and providers, and to create a cost-efficient health-care delivery system for the citizens of the Commonwealth.”
St. Luke Hosp., Inc. v. Health Policy Bd., 913 S.W.2d 1 (Ky. Ct. App. 1996).
· cites it 2× “020(1), KRS 216B.010 provides that one of the purposes for enacting Chapter 216B was “to insure that the citizens of this Commonwealth will have safe, adequate and efficient medical care.”
Univ. of Kentucky v. Bunnell, 532 S.W.3d 658 (Ky. Ct. App. 2017).
“2970 (auditory screening of infants), KRS 216B.010 (legislative findings and purposes), KRS 216B.”
St. Luke Hospitals, Inc. v. Commonwealth, 186 S.W.3d 746 (Ky. Ct. App. 2005).
“2003), citing KRS 216B.010. “In carrying out this function, the Cabinet is required to promulgate administrative regulations ‘to establish criteria for issuance and denial of certificates of need.”
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