(1) No later than fifteen (15) days after the date the review commences, any affected
person may request a public hearing. Hearings shall be before a person designated
by the Office of Administrative Hearings within the Department of Law to serve as
hearing officer. The hearing officer shall be authorized to administer oaths, issue
subpoenas, subpoenas duces tecum, and all necessary process in the proceedings.
(2) If a hearing is requested, the Office of Administrative Hearings within the
Department of Law shall set a date, time, and place for a public hearing.
Reasonable notice of the hearing shall be given to all affected persons in
accordance with administrative regulations promulgated by the cabinet.
(3) At the hearing, any party to the proceedings shall have the right to be represented
by counsel, and to present oral or written arguments and evidence relevant to the
matter which is the subject of the hearing, and may conduct reasonable cross-
examination under oath of persons who make factual allegations relevant to such
matters. A full and complete record shall be maintained of the hearing.
(4) Any decision of the cabinet to issue or deny a certificate of need shall be based
solely on the record established with regard to the matter. All decisions granting,
denying, or modifying a certificate of need shall be made by the cabinet in writing.
The cabinet shall notify the parties to the proceedings of the decision and the
decision shall be final for purposes of judicial appeal unless a request for
reconsideration is filed. An approved certificate of need shall be issued forty (40)
days after notice of the cabinet's decision unless a request for reconsideration is
filed or a judicial appeal is taken and issuance is enjoined by the court.
Effective: July 1, 2025
History: Amended 2025 Ky. Acts ch. 59, sec. 28, effective July 1, 2025. -- Amended
1996 Ky. Acts ch. 371, sec. 50, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 512, Part 7, sec. 36, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499,
sec. 7, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 20, effective
July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 16, effective July 15, 1982. --
Created 1980 Ky. Acts ch. 135, sec. 16, effective July 15, 1980.
Notes of Decisions
Martin Cnty. Home Health Care v. Health, 214 S.W.3d 324 (Ky. Ct. App. 2007).
· cites it 7× “KRS 216B.085. The Board designated a member to act as hearing officer and to render a recommendation to the full Board.”
Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc., 434 S.W.3d 433 (Ky. 2013).
· cites it 4× “Therefore, the term “decision” cannot be construed as referencing the original 2006 decision, which will effectively be replaced by a new decision on remand pursuant to KRS 216B.085. Furthermore, the SHP and its technical notes must be consistent with the governing statutes and…”
United States ex rel. Doe v. Jan-Care Ambulance Serv., 187 F. Supp. 3d 786 (E.D. Ky. 2016).
· cites it 2× “KRS § 216B.085. The definition of “affected person” gives entities that are not otherwise protected by the statutory scheme— competitors—the ability to request an administrative hearing.”
Univ. of Kentucky v. Bunnell, 532 S.W.3d 658 (Ky. Ct. App. 2017).
“075 (administrative regulations governing application and review procedures to be promulgated), KRS 216B.085 (administrative hearing procedures), KRS 216B.”
Humana of Kentucky, Inc. v. NKC Hospitals, Inc., 751 S.W.2d 369 (Ky. 1988).
“Further, it is important that the statutory procedure providing due process, found in KRS 216B.085, et seq., provides that any “affected person” as defined in the statute has standing to be a “party to the proceedings” and thereafter would have a right to appeal an adverse…”
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000).
· cites it 4× “095(1) requires that all hearings concerning the grant or denial of nonsub-stantive review be conducted as provided in KRS 216B.085. In turn, KRS 216B.085(3) sets forth the minimum due process procedures applicable to certification hearings.”
Truesdell v. Friedlander (E.D. Ky. 2020).
· cites it 7× “KRS 216B.085(1). The hearing is before an independent hearing officer from the Cabinet and any party has the right to be represented by counsel.”
Pie Mut. Ins. Co. v. Kentucky Med. Ins. Co., 782 S.W.2d 51 (Ky. Ct. App. 1990).
“” Our Supreme Court found significant that KRS 216B.085 provides that an “affected person” has standing to be a party to the CON hearing.”
Jewish Hosp., Inc. v. Baptist Health Care Sys., Inc., 902 S.W.2d 844 (Ky. Ct. App. 1995).
· cites it 7× “Our analysis begins with a review of the pertinent parts of KRS 216B.085, which control hearing procedures: (1) Any time no later than fifteen (15) days after the date the review commences, any *847 affected person may request a public hearing.”
Baptist Hosp., Inc. v. Humana of Kentucky, Inc., 672 S.W.2d 669 (Ky. Ct. App. 1984).
· cites it 3× “040 1 while its power to hold hearings is set forth in KRS 216B.085(1), (2), (3) and (4). Subsections (5) and (6) merely set forth the criteria which the agency must consider in reaching its decision and have nothing to do with jurisdiction.”
— Ky. Rev. Stat. § 216B.085(1) — 6 cases
Truesdell v. Friedlander (E.D. Ky. 2020).
“KRS 216B.085(1). The hearing is before an independent hearing officer from the Cabinet and any party has the right to be represented by counsel.”
Baptist Hosp., Inc. v. Humana of Kentucky, Inc., 672 S.W.2d 669 (Ky. Ct. App. 1984).
“040 1 while its power to hold hearings is set forth in KRS 216B.085(1), (2), (3) and (4). Subsections (5) and (6) merely set forth the criteria which the agency must consider in reaching its decision and have nothing to do with jurisdiction.”
— Ky. Rev. Stat. § 216B.085(2) — 2 cases
Truesdell v. Friedlander (E.D. Ky. 2020).
“KRS 216B.085(1). The hearing is before an independent hearing officer from the Cabinet and any party has the right to be represented by counsel.”
Jewish Hosp., Inc. v. Baptist Health Care Sys., Inc., 902 S.W.2d 844 (Ky. Ct. App. 1995).
“Our analysis begins with a review of the pertinent parts of KRS 216B.085, which control hearing procedures: (1) Any time no later than fifteen (15) days after the date the review commences, any *847 affected person may request a public hearing.”
— Ky. Rev. Stat. § 216B.085(3) — 4 cases
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000).
“095(1) requires that all hearings concerning the grant or denial of nonsub-stantive review be conducted as provided in KRS 216B.085. In turn, KRS 216B.085(3) sets forth the minimum due process procedures applicable to certification hearings.”
Truesdell v. Friedlander (E.D. Ky. 2020).
“KRS 216B.085(1). The hearing is before an independent hearing officer from the Cabinet and any party has the right to be represented by counsel.”
— Ky. Rev. Stat. § 216B.085(4) — 4 cases
Martin Cnty. Home Health Care v. Health, 214 S.W.3d 324 (Ky. Ct. App. 2007).
“KRS 216B.085. The Board designated a member to act as hearing officer and to render a recommendation to the full Board.”
ACSR, Inc. v. Cabinet for Health Servs., 32 S.W.3d 96 (Ky. Ct. App. 2000).
“095(1) requires that all hearings concerning the grant or denial of nonsub-stantive review be conducted as provided in KRS 216B.085. In turn, KRS 216B.085(3) sets forth the minimum due process procedures applicable to certification hearings.”
Truesdell v. Friedlander (E.D. Ky. 2020).
“KRS 216B.085(1). The hearing is before an independent hearing officer from the Cabinet and any party has the right to be represented by counsel.”
— Ky. Rev. Stat. § 216B.085(6) — 1 case
Baptist Hosp., Inc. v. Humana of Kentucky, Inc., 672 S.W.2d 669 (Ky. Ct. App. 1984).
“040 1 while its power to hold hearings is set forth in KRS 216B.085(1), (2), (3) and (4). Subsections (5) and (6) merely set forth the criteria which the agency must consider in reaching its decision and have nothing to do with jurisdiction.”
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