900 KAR 6:085. Transfers of Certificate of Need.

      RELATES TO: KRS 216B.010, 216B.061(1)(h), 216B.0615, 216B.990

      STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 216B.040(2)(a)1

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.040(2)(a)1 requires the Cabinet for Health and Family Services to administer Kentucky's Certificate of Need Program and to promulgate administrative regulations as necessary for the program. This administrative regulation establishes the guidelines for the transfer of a certificate of need for the orderly administration of the Certificate of Need Program.

      Section 1. Definitions. (1) "Cabinet" is defined by KRS 216B.015(5).

      (2) "Owner" means a person as defined in KRS 216B.015(21) who is applying for the certificate of need and will become the licensee of the proposed health service or facility.

      Section 2. Transfers of Certificates of Need. (1) Certificates of need issued by the cabinet to an existing facility for purposes other than replacement of the facility may be transferred to the new owner of the facility if the change of ownership occurs prior to implementation of the project for which the certificate of need was issued.

      (2) The purchase of all capital stock or a controlling interest of capital stock of a person who is the holder of an approved certificate of need for the establishment of a new health facility shall not constitute the sale, trade, or transfer of a certificate of need to another person for purposes of KRS 216B.061(1)(h) and 216B.0615. (36 Ky.R. 243; Am. 811; eff. 10-21-2009.)