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Bill > HB407


KY HB407

KY HB407
AN ACT relating to certificate of need.


summary

Introduced
01/15/2026
In Committee
01/23/2026
Crossed Over
Passed
Dead

Introduced Session

2026 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 and by holders of certificates of need and licenses; amend KRS 216B.062 to require a final decision within 90 days; amend KRS 216B.085 to require that only the applicant may request a public hearing; 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 and to present evidence and arguments 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 the process for obtaining a certificate of need (CON), which is a permit required in some states to build or expand healthcare facilities or offer new health services, ensuring they meet a demonstrated community need. The key changes include requiring the Cabinet for Health and Family Services to conduct public hearings on CON applications if requested by the applicant or a CON holder, but importantly, it restricts who can request these hearings and participate in them. Specifically, only the applicant can request a public hearing, receive notice of it, be represented by legal counsel, and present evidence or arguments. The Cabinet will then notify only the applicant of its decision, and only the applicant can request a reconsideration or appeal the final decision to the Franklin Circuit Court. Additionally, the bill shortens the timeframe for the Cabinet to make a final decision on a CON application to 90 days and removes the requirement to notify any other affected parties about decisions on nonsubstantive review requests, which are simpler review processes for certain types of CON applications.

Committee Categories

Health and Social Services

Sponsors (14)

Last Action

to Health Services (H) (on 01/23/2026)

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