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Bill > HB354


KY HB354

AN ACT relating to certificate of need.


summary

Introduced
02/05/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead
03/28/2025

Introduced Session

2025 Regular Session

Bill Summary

Amend KRS 216B.040 to require that the Cabinet for Health and Family Services conduct public hearings on certificate of need applications as requested by applicants for, or holders of, certificates of need and licenses; amend KRS 216B.062 to require that notice be given on the right of only applicants to request a hearing; amend KRS 216B.085 to require that only the applicant may request a public hearing within 15 days of a cabinet decision regarding an application; require that notice of the public hearing be given only to the applicant; require that only the applicant have the right to be represented by counsel at the public hearing; require that the cabinet notify only the applicant of the decision and that the decision is final unless a request for reconsideration is filed by only the applicant; amend KRS 216B.090 to permit only the applicant to request a hearing for purposes of reconsideration of the cabinet; amend KRS 216B.095 to delete notice of a cabinet decision regarding a request for a nonsubstantive review to any affected party; amend KRS 216B.115 to permit an appeal to the Franklin Circuit Court by the applicant of any final decision of the cabinet regarding an application to be made.

AI Summary

This bill modifies Kentucky's Certificate of Need (CON) laws to significantly restrict public participation in the healthcare facility and service approval process, primarily by limiting hearing and appeal rights exclusively to applicants. Specifically, the bill changes existing regulations to require that only applicants can request public hearings on CON applications, receive notice of cabinet decisions, be represented by counsel during hearings, and file appeals to the Franklin Circuit Court. The changes narrow the ability of other stakeholders or affected parties to challenge or provide input on proposed healthcare projects. The bill amends several sections of Kentucky Revised Statutes (KRS) related to the certificate of need process, including requirements for application reviews, hearing procedures, and judicial appeals. These modifications appear designed to streamline the CON application process by reducing potential obstacles and giving more procedural control to applicants seeking to develop or modify healthcare facilities and services in Kentucky.

Committee Categories

Health and Social Services

Sponsors (7)

Last Action

to Health Services (H) (on 02/07/2025)

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