Ky. Rev. Stat. § 216B.062

Timetable for submission of application for certificate of need to be

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established by administrative regulation -- Review procedure. (1) Applications for certificates of need shall be submitted according to timetables established by the cabinet by promulgation of administrative regulation, pursuant to the provisions of KRS Chapter 13A. The application for a certificate of need shall include the name and business address of any owner, investor, or stockholder in the project whose ownership interest is greater than ten percent (10%). Once an application has been deemed complete pursuant to the cabinet's administrative regulations, notice shall be given as provided by the regulations of the beginning of the review, the proposed review schedule, and the right to request a hearing. The review shall be deemed to commence on the date of notice. No review shall take longer than ninety (90) days from the commencement of the review unless the applicant agrees to a deferral of action. (2) Applications proposing the same or similar types of services, facilities, or equipment shall be batched for review purposes, excluding those granted nonsubstantive review status. The cabinet shall by promulgation of administrative regulation under KRS Chapter 13A establish appropriate batching groups to assure that applications for each type of service, facility, or equipment will be eligible for consideration at set intervals. In each review batch, the cabinet shall review and, if appropriate, compare all timely-filed applications proposing similar types of services, facilities, or equipment in the same health service areas. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 46, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 249, sec. 1, effective July 15, 1994; and ch. 512, Part 7, sec. 32, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 15, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 12, effective July 15, 1982.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1995–2023 · leading case: Phillip Truesdell v. Eric Friedlander

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Phillip Truesdell v. Eric Friedlander (2023) ca6 · cites it 2× “Ky. Rev. Stat. § 216B.062(1); 900 Ky. Admin.”

Tiwari v. Meier (2021) kywd “KRS 216B.062. Applications are evaluated using five statutory criteria: (1) consistency with plans; (2) need and accessibility; (3) interrelationships and linkages; (4) costs, economic feasibility, and resources availability; and (5) quality of services.”

Jewish Hospital, Inc. v. Baptist Health Care System, Inc. (1995) kyctapp “In April 1992, in accordance with KRS 216B.062, appellee, Baptist Healthcare System, Inc.”

— Ky. Rev. Stat. § 216B.062(1) — 1 case

Phillip Truesdell v. Eric Friedlander (2023) ca6 “Ky. Rev. Stat. § 216B.062(1); 900 Ky. Admin.”

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