Kentucky Revised Statutes

Ky. Rev. Stat. § 216B.105 (2026)

License procedure -- Hearings -- Decisions of cabinet to be in writing and

✓ current as of May 2026

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of record.

(1) Unless otherwise provided in this chapter, no person shall operate any health facility in this Commonwealth without first obtaining a license issued by the cabinet, which license shall specify the kind or kinds of health services the facility is authorized to provide. A license shall not be transferable and shall be issued for a specific location and, if specified, a designated geographical area.

(2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it finds that there has been a substantial failure to comply with the provisions of this chapter or the administrative regulations promulgated hereunder. The denial, revocation, modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or other method of delivery which may include electronic service, a notice setting forth the particular reasons for the action. The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after notice is given, unless the applicant or licensee, within the thirty (30) day period, shall file a request in writing for a hearing with the cabinet.

(3) The hearing shall be before a person designated to serve as hearing officer by the Office of Administrative Hearings within the Department of Law.

(4) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer's findings. The applicant or licensee shall be entitled to be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony by witnesses or, if the hearing officer so permits, by depositions. A full and complete record shall be kept of all hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this chapter. The cabinet may adopt the hearing officer's findings and recommendations or prepare written findings of fact and state the basis for its decision which shall become part of the record of the proceedings.

(5) All decisions revoking, suspending, modifying or denying licenses shall be made by the cabinet in writing. The cabinet shall notify the applicant or licensee of the decision.

(6) The decision of the cabinet shall be final for purposes of judicial appeal upon notice of the cabinet's decision. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 27, effective July 1, 2025. -- Amended 2018 Ky. Acts ch. 143, sec. 14, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 371, sec. 54, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 40, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 24, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 20, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 20, effective July 15, 1980.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1982–2025 · leading case: Matthews v. Commonwealth, 163 S.W.3d 11 (Ky. 2005).

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Matthews v. Commonwealth, 163 S.W.3d 11 (Ky. 2005). · cites it 6× “"Medical charts or records of any hospital licensed under KRS 216B.105 that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony.”

Cabinet for Human Resources v. Women's Health Servs., Inc., 878 S.W.2d 806 (Ky. Ct. App. 1994). “040, KRS 216B.105, and KRS 216B.042, the Cabinet is charged with regulating health facilities and health services, including the classification of health facilities and health services according to type, size, range of services, and level of care.”

Tammy Feinauer v. Commonwealth of Kentucky (Ky. Ct. App. 2021). · cites it 4× “At the time Matthews was rendered, the statute provided that ‘“[m]edical charts or records of any hospital licensed under KRS 216B.105 that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any preliminary testimony .”

Eubanks & Marshall of Lexington, Psc, D/B/A Emw Women's Clinic of Lexington v. Commonwealth of Kentucky, Ex Rel. Cabinet for Health & Fam. Servs. (Ky. 2016). “15 KRS 216B.105(1). 16 KRS 216B.015(13). 17 KRS 2168.”

John Brandon Lamotte v. Commonwealth of Kentucky (Ky. Ct. App. 2025). “300(2), which states: Medical charts or records of any hospital licensed under either KRS 216B.105 or a similar law of another state or the United States that are susceptible to photostatic reproduction may be proved as to foundation, identity and authenticity without any…”

Our Lady of the Woods, Inc. v. Commonwealth, Kentucky Health Facilities & Health Servs. Certificate of Need & Licensure Bd., 655 S.W.2d 14 (Ky. Ct. App. 1982). “By statute, KRS 216B.105(5)(b), a licensee shall be entitled to be represented at the hearing in person or by counsel or both, and shall be entitled to introduce testimony by witnesses.”

— Ky. Rev. Stat. § 216B.105(1) — 1 case

— Ky. Rev. Stat. § 216B.105(5)(b) — 1 case

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