CABINET FOR HEALTH AND FAMILY SERVICES

Office of Health Policy
275 East Main Street, 4W-E
Frankfort, Kentucky 40621
(502) 564-9592
FAX (502) 564-0302

Matthew G. Bevin
Governor / Scott W. Brinkman
Acting Secretary
Molly Nicol Lewis
Executive Director

CERTIFICATE OF NEED NEWSLETTER

March15, 2018

STATE CLOSING

State offices will close at NOON on Friday, March 30, 2018in observance of Good Friday

LETTERS OF SUPPORT

Letters of support can only be filed in an application if submitted by the applicant. Please request that letters of support be sent directly to the applicant for filing, not to this office. Once the application has been declared complete, letters of support can only be filed at a hearing.

BATCHING CYCLE TIMETABLE

An updated CON Batching Cycle Time Table is on our website.

NOTICE OF PUBLIC HEARINGS

A public hearing has been requested pursuant to 900 KAR 6:090, Section 3 and have been scheduled as follows:

Monday, April 9, 2018 and Tuesday, April 10, 2018both daysat 9:00 a.m. in the Health Services Building, Distance Communication and Learning Center, Room B, 3rd Floor,275 East Main Street, Frankfort, Kentucky. Hearing Officer: Leslie Bates

COMPARATIVE:

Professional Case Management of Kentucky (Paducah, McCracken County) CON #073-01-5115(21), HSAHB CON 18-018

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and/or the Radiation Exposure Compensation Act in Boyd, Carter, Elliott, Greenup and Lewis counties. Capital Expenditure: $0.00

Loyal Service Agency of Kentucky, LLC (Ashland, Boyd County) CON #010-10-5820(1), HSAHB 18-014

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Boyd, Carter, Greenup and Lewis counties. Capital Expenditure: $366,860.00

Tuesday, April 24, 2018at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Tracey Hitchcock

NOT COMPARATIVE

Loyal Service Agency of Kentucky, LLC (Paducah, McCracken County) CON #-73-01-5788(3), HSAHB CON 18-012

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Ballard, Calloway, Carlisle, Graves, Livingston, and Marshall counties. Capital Expenditure: $110,923.00

Loyal Service Agency of Kentucky, LLC (Paducah, McCracken County) CON #-73-01-5788(4), HSAHB CON 18-013

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in McCracken County. Capital Expenditure: $110,923.00

Wednesday, April 25, 2018 and Thursday, April 26, 2018 both days at9:00 a.m. at Cabinet for Health and Family Services, Health Services Building, Second Floor Board Room, 275 East Main Street, Frankfort, Kentucky; and Friday, April 27, 2018 at 9:00 a.m. in the Health Services Building, First Floor, Conference Suite C, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Maria Mier

Professional Case Management of Kentucky (Paducah, McCracken County) CON #073-01-5115(18), HSAHB CON 18-011

Establish a home health agency limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act to serve Daviess County. Capital Expenditure: $0.00

Tuesday, May 1, 2018at9:00 a.m. at Cabinet for Health and Family Services, Health Services Building, Second Floor Board Room, 275 East Main Street, Frankfort, Kentucky; and Wednesday, May 2, 2018 and Thursday, May 3, 2018 both days at 9:00 a.m. in the Health Services Building, Distance Communication and Learning Center, Room B, 3rd Floor, 275 East Main Street, Frankfort, Kentucky. Hearing Officer: Brian Baugh

Owensboro Health Home Care (Owensboro, Daviess County) CON #030-03-261(51), HSAHB CON 18-010

Expand home health services to Henderson County. Capital Expenditure: $50,000.00

Friday, May 4, 2018at 9:00 a.m. at the Division of Administrative Hearings, Conference Room B, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky. Hearing Officer: Karen Woodall

NOT COMPARATIVE

Professional Case Management of Kentucky (Paducah, McCracken County) CON #073-01-5115(22), HSAHB CON 18-015

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Fayette, Jessamine and Madison counties. Capital Expenditure: $0.00

Professional Case Management of Kentucky (Paducah, McCracken County) CON #073-01-5115(23), HSAHB CON 18-016

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Barren, Butler, Edmonson and Logan counties. Capital Expenditure: $0.00

Professional Case Management of Kentucky (Paducah, McCracken County) CON #073-01-5115(24), HSAHB CON 18-017

Establish a private duty nursing service limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act in Johnson, Magoffin and Pike counties. Capital Expenditure: $0.00

If a court reporter will be present at the hearing, the requester must make the necessary arrangements. The cost of the court reporter must be borne by the person requesting the reporter. If a court reporter is not present, the staff will record the proceedings. Please inform the Administrative Hearings Branch if a court reporter is to be present or not.

All persons wishing to participate as a party to the proceedings shall file an original and one (1) copy of the following for each affected application with the Office Health Policy, 275 East Main Street 4WE, Frankfort, Kentucky 40621 and shall serve copies on all other known parties to the proceedings:

  1. A list of persons who will enter an appearance on behalf of the partyon Form #3, Notice of Appearance;
  2. A list of witnesses on Form #4, Witness List; and
  3. A list and all exhibits to be introduced on Form #5, Exhibit List.

Forms may be obtained by calling the Office of Health Policy at 502/564-9592 or through our website at . If you are submitting forms on more than one applicant in a comparative certificate of need hearing, please submit an original & one (1) copy for each applicant. All individuals and/or entities participating in hearings regarding certificate of need applications should review the applicable rules and deadlines set forth in 900 KAR 6:090, Section 3 and made available at

1

CON Public Notice 3/15/2018CHART A

Non-Sub Review Proposals Scheduled for Decision April 19, 2018

As of this date the Certificate of Need proposals listed below are officially scheduled for review. A decision granting or denying a certificate of need will be made by April 19, 2018. Applications proposing the same or similar types of services, equipment, or facilities affecting the same health service area are batched in the review cycle so thatthey can be given comparative review.
Any affected personswho desire a public hearing on a proposal must submit requests in writing to Certificate of Need Office, 275 East Main Street,4WE, Frankfort, Kentucky 40621. All requests must be received within 10 days of this notice, or by March 25, 2018. Affected persons will be notified of allscheduled hearings by mail except that the public and third party payors will be notified through public information channels.
Number / Name / Location / Project Description / Project Cost
LIMITED SERVICES CLINIC
CON #096-07-5868(1) / HMH Clinic / Falmouth, Pendleton County / Establish a limited services clinic / $225,000.00
REHABILITATION AGENCY
CON #063-13-5871(1) / PT Solutions Physical Therapy / London, Laurel County / Establish a rehabilitation agency / $231,000.00

CON Public Notice 3/15/2018CHART A

Formal Review Proposals Scheduled for Decision June 13, 2018

As of this date the Certificate of Need proposals listed below are officially scheduled for review. A decision granting or denying a certificate of need will be made by June 13, 2018. Applications proposing the same or similar types of services, equipment, or facilities affecting the same health service area are batched in the review cycle so thatthey can be given comparative review. The following projects are included in this batching cycle: C – Acute Care Hospitals (including all other State Health Plan covered services to be provided within the proposed acute care hospital), Acute Care Hospital Beds, Psychiatric Hospital Beds, Special Care Neonatal Beds, Comprehensive Physical Rehabilitation Beds, Chemical Dependency Beds and Freestanding Ambulatory Surgical Centers, Ground Ambulance Service (Class I, II, III and VI)
Any affected persons who desire a public hearing on a proposal must submit requests in writing to Certificate of Need Office, 275 East Main Street,4WE, Frankfort, Kentucky 40621. All requests must be received within 15 days of this notice, or byMarch 30, 2018. Affected persons will be notified of allscheduled hearings by mail except that the public and third party payors will be notified through public information channels.
Number / Name / Location / Project Description / Project Cost
GROUND AMBULANCE
CON #056-06-5870(1) / Buechel Fire Protection District Holding Company, Inc. / Louisville, Jefferson County / Establish a Class I ALS/BLS ground ambulance service to serve the Buechel Fire Protection District, those cities within the Buechel Fire Protection District, and an area limited to a 30-minute response time for 95% of the population served from 4101 Bardstown Road / $297,667.00
CON #035-08-5872(1) / Midwest Medical Transport Company / Flemingsburg, Fleming County / Establish a Class I ALS ground ambulance service to serve Fleming County including inter-facility transfers to and from Fleming County Hospital as well as transfers from Fleming County Hospital to home / $564,000.00
CON #066-12-5866(1) / Wooton Volunteer Fire & Rescue, Inc. / Wooton, Leslie County / Establish a Class I BLS ground ambulance service to serve Wooton, KY. The coverage area runs from 2964 HWY 80 to the Perry County line on HWY 80, which includes all side roads off HWY 80 in the Wooton Volunteer Fire & Rescue, Inc. coverage area. The coverage area also runs from start point zero of HWY 699 Cutshin Road to State Route 2057, which ends at 3115 Cutshin Road HWY 699 including all side roads within the Wooton Volunteer Fire & Rescue, Inc. coverage area. / $66,504.14
CON #013-12-5869(1) / Watts-Caney Fire and Rescue / Lost Creek, Breathitt County / Establish a Class I ALS/BLS ground ambulance service to serve Breathitt County / $100,000.00
HOSPITAL ACUTE CARE
CON #073-01-525(39) / Baptist Health Paducah / Paducah, McCracken County / Convert six (6) Level II special care neonatal beds to six (6) Level III beds. Final CON Special Care Neonatal Bed complement: eight (8) Level II and six (6) Level III beds / $0.00
CON #030-03-261(50) / Owensboro Health Regional Hospital / Owensboro, Daviess County / Convert four Level II Special Care Neonatal Beds to Level III. Final CON Special Care Neonatal Bed complement: 12 Level II and 8 Level III / $0.00
CON #008-07-5314(2) / St. Elizabeth Florence / Florence, Boone County / Transfer 20 psychiatric beds to from St. Elizabeth Edgewood to St. Elizabeth Florence. Final CON bed complement: 20 general psychiatric beds / $3,325,400.00
CON #063-13-139(10) / Saint Joseph London / London, Laurel County / Convert six (6) acute care beds to six (6) Level II special care neonatal beds. Final CON bed complement: six (6) Level II beds, 144 acute care beds / $1,700,000.00
CON #034-15-472(75) / University of Kentucky Hospital / Lexington, Fayette County / Add 141 acute care beds / $50,000,000.00
CON #034-15-757(48) / Baptist Health Lexington / Lexington , Fayette County / Add 43 acute care beds. Final CON Acute Care Bed (excluding special care neonatal beds) complement: 402 acute care beds / $14,409,353.00

NEWSLETTER

Chart B
Certificate of Need * Applications Received
2/10/2018 through 3/09/2018
Name and Location / Project Description / Capital Cost / Date
Received
AMBULATORY CARE CENTER
Concentra/UTC/Fern Valley
Louisville, Jefferson County
CON #056-06-5883(1)
Cassaundra Green
4714 Gettysburg Road
Mechanicsburg, PA 17055 / Establish an ambulatory care center / $595,000.00 / 02/28/2018
AMBULATORY SURGERY CENTER
Eye Surgery Center of Elizabethtown
Elizabethtown, Hardin County
CON #047-05-5722(2)
Paul G. Klingensmith
519 State Street
New Albany, IN 47150 / Modify CON #047-05-5722(1), approved 2/2016 to establish an ambulatory surgery center limited to ophthalmic surgical procedures, by a relocation from 101 Financial Drive, Suite 200, to 1103 Tunnel Hill Road, Elizabethtown / $2,649,300.00 / 02/27/2018
LIMITED SERVICES CLINIC
The Little Clinic
Louisville, Jefferson County
CON #056-06-5879(1)
Chance Cole
2620 Elm Hill Pike
Nashville, KY 37214 / Establish a limited service clinic / $357,500.00 / 02/28/2018
NURSING FACILITY
Britthaven Nursing and Rehabilitation Center
Louisville, Jefferson County
CON #056-06-164(10)
Maxwell O. Mason
P.O. Box 1010
Garner, NC 27529 / Modify CON #056-06-164(9), approved 10/2014 to Relocate Kindred Nursing and Rehabilitation - Bashford from 3535 Bardstown Road to 5000 Chamberlain Lane, Jefferson County, by a relocation to 3700 Dutchmans Lane, Louisville. Final CON nursing facility bed complement: 122 nursing facility (NF) beds. / $16,089,065.00 / 02/28/2018
PERSONAL CARE FACILITY
Artis Senior Living of Louisville
Louisville, Jefferson County
CON #056-06-5876(1)
Maxwell Reinhardt
1651 Old Meadow Road, Suite 100
McLean, VA 22102 / Establish a 64 bed personal care facility / $13,244,753.00 / 02/27/2018
The Polo Club Senior Living
Lexington, Fayette County
CON #034-15-5878(1)
Lance Emery
18100 Von Karman Avenue, Suite 500
Irvine, CA 92612 / Establish a 138 bed personal care facility / $21,050,000.00 / 02/28/2018
PSCYCHIATRIC RESIDENTIAL TREATMENT FACILITY
Heartland Youth Village
Bardstown, Nelson County
CON #090-05-5882(1)
M. Wasim Sajid
14707 Landis Lakes Drive
Louisville, KY 40245 / Establish a 24 bed Level II PRTF by relocating 24 beds from Purchase Youth Village in Marshall County / $2,016,000.00 / 02/28/2018
REHABILITATION AGENCY
Aegis Group Practice, LLC
Louisville, Jefferson County
CON #056-06-5880(1)
Cindy Kasson
P.O. Box 1171
Maple Grove, MN 55311 / Establish a rehabilitation agency / $199,200.00 / 02/28/2018
Care Plus Occupational Health and Rehab
Williamsburg, Whitley County
CON #118-13-3317(2)
Angie Jones
188 Hospital Lane
Jellico, TN 37762 / Relocate a licensed rehabilitation agency from 998 South Highway 25 West to 475 North Highway 25 West, Suite 200, Williamsburg / $67,200.00 / 02/28/2018
Champion Physical Therapy Kentucky, LLC d/b/a Champion PhysicalTherapy Middlesboro
Middlesboro, Bell County
CON #007-13-5873(1)
Tim Butcher, PT
1475 US Hwy 25E, Suite 6
Middlesboro, KY 40965-2077 / Establish a rehabilitation agency / $177,135.00 / 02/26/2018
Champion Physical Therapy Kentucky, LLC d/b/a Champion PhysicalTherapy Pineville
Pineville, Bell County
CON #007-13-5875(1)
Tim Butcher, PT
1475 US Hwy 25E, Suite 6
Middlesboro, KY 40965-2077 / Establish a rehabilitation agency / $195,623.00 / 02/26/2018
Champion Physical Therapy Kentucky, LLC d/b/a Champion PhysicalTherapy Somerset
Somerset, Pulaski County
CON #100-14-5874(1)
Tim Butcher, PT
1475 US Hwy 25E, Suite 6
Middlesboro, KY 40965-2077 / Establish a rehabilitation agency / $241,829.00 / 02/26/2018
Kentucky Orthopedic Rehabilitation, LLC d/b/a KORT - Bowling Green
Bowling Green, Warren County
CON #114-04-5877(1)
Karah Brownawell
4714 Gettysburg Road
Mechanicsburg, PA 17055 / Establish a rehabilitation agency / $528,000.00 / 02/28/2018
Physiotherapy Associates, Inc. d/b/a KORT Physical Therapy
Shepherdsville, Bullitt County
CON #015-06-3736(3)
Karah Brownawell
4714 Gettysburg Road
Mechanicsburg, PA 17055 / Relocate a licensed rehabilitation agency from 189 Adam Shepherd Parkway to 1868 W Hebron Lane, Suite 100 / $511,000.00 / 02/27/2018
PT Solutions Physical Therapy
Williamsburg, Whitley County
CON #118-13-5881(1)
Dale Yake
1990 Vaughn Rd., Suite 330
Kennesaw, GA 30144-4502 / Establish a rehabilitation agency / $231,000.00 / 02/28/2018
Total Energy Therapy LLC
Paducah, McCracken County
CON #073-01-5793(2)
Cameron Cook
5150 Village Square Drive
Paducah, KY 42001 / Modify CON #073-01-5793(1) approved 11/2016 to establish a rehabilitation agency by a relocation from 2830 Lone Oak Road, Suite 4 to 5150 Village Square Drive, Paducah and through a cost escalation of $189,000.00 / $189,000.00 / 02/28/2018
NEWSLETTER
Chart C
ACTIONS SINCE LAST NEWSLETTER
2/10/2018 through 3/09/2018
Applicant / Project Description / Capital Cost / Action/ Date
APPROVAL
CON #034-15-5856(1)
Concentra/ UTC
Lexington, Fayette County / Establish an ambulatory care center / $595,000.00 / APPROVAL
(02/22/2018)
CON #000-00-5851(1)
Maxim Healthcare Services, Inc.
South Charleston, WV / Establish a private duty nursing service to serve Lawrence County / $0.00 / APPROVAL
(02/14/2018)
CON #000-00-5852(1)
Maxim Healthcare Services, Inc.
Abingdon, VA / Establish a private duty nursing agency to serve Pike County / $0.00 / APPROVAL
(02/14/2018)
DISAPPROVAL
CON #034-15-5847(1)
Bluegrass Connected Care (BCC)
Lexington, Fayette County / Establish home health agency to serve Fayette, Jessamine and Scott Counties / $38,500.00 / DISAPPROVAL
(02/14/2018)
CON #074-14-721(10)
CHI National Homecare - d/b/a KentuckyOne - VNA Health atHome
London, Laurel County / Expand home health services to Clay County / $200,000.00 / DISAPPROVAL
(02/14/2018)
DEFERRAL
CON #036-11-3197(5)
Highlands Home Health
Prestonsburg, Floyd County / Expand home health services to Martin County / $111,320.00 / DEFERRAL
(02/23/2018)
EMERGENCY APPROVAL
Owensboro Health Regional Hospital
Owensboro, Daviess County / Notice to alleviate emergency circumstances at Owensboro Health Regional Hospital by providing Level III neonatal services / NA / (02/15/2018)
REVOCATION
CON #073-01-5801(1)
Life Care Center of Paducah
Paducah, McCracken County / Establish a 100 bed nursing facility by transferring 100 nursing facility beds from Parkview Nursing and Rehabilitation Center in Paducah / $5,003,500.00 / REVOKED BY APPLICANT
(02/20/2018)
CON #056-06-5777(1)
TheraPLACE Learning Center, LLC
Louisville, Jefferson County / Establish a rehabilitation agency / $361,378.00 / REVOKED BY APPLICANT
(02/20/2018)
WITHDRAWAL
CON #047-05-5080(3)
Hosparus, Inc.
Louisville, Jefferson County / Expand hospice services to Christian, Hopkins, Lyon, Livingston, Muhlenberg, Todd and Trigg Counties. / $799,739.00 / WITHDRAWAL
(02/23/2018)
CON #045-10-5751(4)
Kentucky Energy Workers Healthcare, LLC
Greenup, Greenup County / Expand home health services limited to patients entitled to health benefits under the Energy Employees Occupational Illness Compensation Act and the Radiation Exposure Compensation Act to Carter County / $73,000.00 / WITHDRAWAL
(02/22/2018)

CHART D

ADVISORY OPINION

2/10/2018through 3/09/2018

Any affected persons who desire a public hearing on an advisory opinion must submit requests in writing to the Office of Health Policy, 275 East Main Street, 4WE, Frankfort, Kentucky, 40621, within thirty (30) days of the date of this notice. Affected persons will be notified of all scheduled hearings by mail or through public information channels.

Tracking # / Facility/Service / Proposal Summary / Decision and Date
AO-22-18 / Member Medical, Inc. / To establish one or more clinics providing primary care services to patients who are enrolled as members of the clinic for a monthly fee. It is not open to the general public / CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
02/13/2018
AO-23-18 / Owensboro Health Medical Group - Cardiology / Owensboro Health Medical Group to remove urological services from existing licensed clinic called Owensboro Medical Health Group, and to rename the clinic Owensboro Health Medical Group - Cardiology to provide cardiology services / CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
02/19/2018
AO-24-18 / The Younique Foundation / To have a retreat in Kentucky for women who have experienced childhood sexual abuse. Services to include psycho-education, yoga, drumming, Muay Thai, photo session with hair and makeup and potentially group therapy / CON is not required as the services do not meet the statutory definition of a health facility
02/21/2018
AO-25-18 / ARH Specialty Associates - Hazard / Appalachian Regional Healthcare Inc. to rename licensed special health clinic, currently called ARH Women's Health Services, to ARH Specialty Services - Hazard, and to add evaluation and management of patients in need of surgery, orthopedic, neurology, nephrology, podiatry, pulmonology, and infectious disease services, personal examination and evaluation of patients, certain diagnostic services and minor procedures such as lesion removal and I&D / CON is not required pursuant to KRS 216B.020(1) as this satisfies the definition of a special clinic
02/21/2018
AO-26-18 / Fayette Refuge Medical Clinic / Special health clinic currently licensed to provide free primary care and dental care to add recovery services including medicated assisted treatment using Suboxone, and behavioral health services (counseling and psychiatric care) to its existing licensed / CON is not required pursuant to KRS 216B.010(2) as this satisfies the definition of a special clinic
03/02/2018

Ill-fitting