216B.066 Cabinet to be notified prior to acquiring certain major medical equipment, a health service is offered, or a capital expenditure is made or obligated -- Certificate of need may be required.
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<![CDATA[ Page 1 of 1 216B.066 Cabinet to be notified prior to acquiring certain major medical equipment, a health service is offered, or a capital expenditure is made or <br>obligated -- Certificate of need may be required. (1) Before a health facility acquires major medical equipment to be used solely for research, offers a health service solely for research, or makes or obligates a capital <br>expenditure solely for research, which exceeds the prescribed minimum, the health <br>facility shall notify the cabinet of its intent to do so. The notice shall be in writing <br>and shall be made sixty (60) days prior to the acquisition, offering, or making or <br>obligation of the expenditure with respect to which notice is given. The notice shall <br>state the use to be made of the major medical equipment, health service, or capital <br>expenditure. (2) A certificate of need shall be required for the acquisition of major medical equipment solely for research, the offering of a health service solely for research, or <br>the making or obligating of a capital expenditure solely for research by a health <br>facility, only if: <br>(a) The notice required by this section is not filed; or <br>(b) The cabinet finds within sixty (60) days after it receives notice that the project or transaction for which notice is given will affect the charges of the facility <br>for the provision of medical or other patient care services other than services <br>which are included in the research, will substantially change the bed capacity <br>of the facility, or will substantially change the medical or other patient care <br>services of the facility which were offered before the acquisition, offering, <br>making or obligation. (3) If major medical equipment is acquired, a health service is offered, or a capital expenditure is made or obligated and, pursuant to this section, no certificate of need <br>is required, the equipment, service, or facilities acquired through the capital <br>expenditure shall not be used in a manner which would affect the charges of the <br>facility for the provision of medical or other patient care services other than that <br>included in the research, substantially change the bed capacity of the facility, or <br>substantially change the medical or other patient care services of the facility unless a <br>certificate of need is issued. (4) For purposes of this section, "solely for research" means patient care provided on an occasional and irregular basis and not as part of a research project. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 48, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 34, effective July 15, 1994. -- Amended 1988 Ky. <br>Acts ch. 210, sec. 17, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, <br>sec. 14, effective July 15, 1982. ]]>