Certificate-of-need rules would set review timelines and applicant hearings

The cabinet would issue a final decision on a complete certificate-of-need application within 90 days after review begins, unless the applicant agrees to delay action. The rule applies to certificate-of-need applications, except applications given nonsubstantive review status. The application must first be found complete under the cabinet’s regulations. The cabinet would give notice of the review start, proposed schedule, and the applicant’s right to request a hearing. The 90-day period begins on the date the review notice is given.

An applicant would be able to request a public hearing within 15 days after review begins and seek reconsideration within 15 days after the cabinet’s decision. These procedures apply to applicants for certificate-of-need decisions and certificate revocations covered by the cited provisions. A reconsideration request must show good cause, such as important new information, changed circumstances, or a serious failure to follow procedures. At a hearing, the applicant may have a lawyer and present relevant written or spoken arguments and evidence. A requested reconsideration hearing would occur within 30 days after the cabinet grants the reconsideration request.

The cabinet could use a faster nonsubstantive review for certain certificate-of-need projects and would decide those applications within 35 days. Eligible projects include certain moves or replacements of facilities, equipment repairs, cost increases, and other situations allowed by regulation. The cabinet may approve a qualifying project unless it finds the project unnecessary or inconsistent with the state health plan when that plan addresses it. An application denied nonsubstantive review would enter formal review, and an applicant could request the next formal review cycle after a denial. The 35-day decision period begins when the cabinet determines that the application qualifies for nonsubstantive review.