902 KAR 20:008. License procedures and fee schedule.

 

      RELATES TO: KRS 216.2925, 216.530, 216B.010, 216B.015, 216B.040, 216B.042, 216B.045-216B.055, 216B.075, 216B.105-216B.131, 216B.990

      STATUTORY AUTHORITY: KRS 216.530, 216B.042(1)(a)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 216B.042(1) requires the Cabinet for Health Services to exercise the licensure function for health facilities and services. This administrative regulation establishes the fee schedule and requirements for obtaining a license to operate a health facility and establishes the procedure for obtaining a variance.

 

      Section 1. Definitions. (1) "Accredited hospital" means a hospital accredited by either the Joint Commission on Accreditation of Healthcare Organizations (JACAHO) or the American Osteopathic Association (AOA).

      (2) "Adverse action" means action taken by the Cabinet for Health Services, Office of Inspector General to deny, suspend, or revoke a health facility's license to operate.

      (3) "Cabinet" is defined by KRS 216B.015(5).

      (4) "Inspecting agency" means the Office of the Inspector General, Cabinet for Health Services.

      (5) "Inspector General" means the Inspector General or designee.

      (6) "Variance" means the written approval of the Inspector General authorizing a health care facility to depart from a required facility specification, upon meeting the conditions established in Sections 4 and 5 of this administrative regulation.

 

      Section 2. Licenses. (1) The license required by KRS 216B.105(1) shall be conspicuously posted in a public area of the facility.

      (2) An applicant for licensure shall file with the Office of the Inspector General, 275 East Main Street, Frankfort, Kentucky 40621, the appropriate application for licensure, as follows:

      (a) Application for License to Operate a Family Care Home;

      (b) Application for License to Operate a Long-term Care Facility;

      (c) Application for License to Operate a Hospital;

      (d) Application for License to Operate a Home Health Agency;

      (e) Application for License to Operate a Special Health Clinic or Service;

      (f) Application for License to Operate a Health Facility or Service;

      (g) Application for Initial License to Operate a Critical Access Hospital (CAH);

      (h) Application for Relicensure to Operate a Critical Access Hospital (CAH); or

      (i) Application for a License to Operate a Residential Hospice Facility.

      (3) An applicant for an initial license shall, as a condition precedent to licensure be in compliance with the administrative regulations applicable to the license requested, which shall be determined through an on-site inspection of the health facility.

      (4) Licensure inspections.

      (a) Except for a health facility subject to KRS 216.530, a licensure inspection may be unannounced.

      (b) A representative of the inspecting agency shall have access to the health facility and pertinent facility records.

      (5) Violations.

      (a) The inspecting agency shall notify the health facility in writing of a regulatory violation identified during an inspection.

      (b) The health facility shall submit to the inspecting agency, within ten (10) days of the notice, a written plan for the correction of the regulatory violation.

      1. The plan shall be signed by the facility's administrator, the licensee, or a person designated by the licensee and shall specify:

      a. The date by which the violation shall be corrected.

      b. The specific measures utilized to correct the violation; and

      c. The specific measures utilized to ensure the violation will not recur.

      2. The inspecting agency shall review the plan and notify the facility of the decision to:

      a. Accept the plan;

      b. Not accept the plan; or

      c. Deny, suspend, or revoke the license for a substantial regulatory violation in accordance with KRS 216B.105(2).

      3. The notice specified in subparagraph 2b of this paragraph shall:

      a. State the specific reasons the plan is unacceptable; and

      b. Require an amended plan of correction within ten (10) days of receipt of the notice.

      4. The inspecting agency shall review the amended plan of correction and notify the facility in writing of the decision to:

      a. Accept the plan;

      b. Deny, suspend, or revoke the license for a substantial regulatory violation in accordance with KRS 216B.105(2); or

      c. Require the facility to submit an acceptable plan of correction.

      5. A facility that fails to submit an acceptable amended plan of correction may be notified that the license will be denied, suspended, or revoked in accordance with KRS 216B.105(2).

      (6) A license shall:

      (a) Expire one (1) year from the date of issuance, unless otherwise expressly provided in the license certificate; and

      (b) Be renewed if the licensee:

      1. Submits a completed licensure application;

      2. Pays the prescribed fee;

      3. Has no pending adverse action and

      4. Unless exempted, has responded to requests from the Cabinet for Health Services, Department of Public Health for:

      a. Annual utilization surveys; and

      b. Requests for information regarding health services provided.

      (7) Except for a psychiatric residential treatment facility licensed pursuant to the exception established in 902 KAR 20:320, Section 2(1)(b), more than one (1) license shall not be issued or renewed for a particular licensure category at a specific location.

      (8) A new application shall be filed in the event of a change of ownership. A change of ownership for a license shall be deemed to occur if more than twenty-five (25) percent of an existing facility or capital stock or voting rights of a corporation is purchased, leased, or otherwise acquired by one (1) person from another.

      (9) The licensee shall fully disclose to the cabinet the name and address, or a change in the name or address, of:

      (a) Each person having an ownership interest of twenty-five (25) percent or more in the facility; and

      (b)1. Each officer or director of the corporation, if a facility is organized as a corporation; or

      2. Each partner, if a facility is organized as a partnership.

      (10) An unannounced inspection shall be conducted:

      (a) In response to a credible, relevant complaint or allegation; and

      (b) According to procedures established in subsection (4) of this section.

      (11) A facility, that does not have a pending adverse action, which has failed to renew its license on or before the expiration date shall cease operating the health facility unless:

      (a) The items required under subsection (6)(b) of this section have been tendered; and

      (b) The inspecting agency has provided the facility with a notice granting temporary authority to operate pending completion of the renewal process.

 

      Section 3. Fee Schedule. (1) Fees for review of plans and specifications for construction or renovation of health facilities shall be as follows:

License Type

Rate

(a) Hospitals plans and specifications review

$.05 per sq. ft.

(initial through final)

$100 minimum

(b) All other health facilities plans and

specifications review

$.05 per sq. ft.

(initial through final)

$100 minimum

      (2) Annual fees. The annual licensure fee, including a renewal, for health facilities and services shall be as follows:

License Type

Rate

(a) Alternative birth center

$155

(b) Alzheimer's nursing home

$15 per bed

$155/minimum

(c) Ambulatory surgical center

$270

(d) Chemical dependency treatment service

$15 per bed

$155/minimum

(e) Community mental health and mental

retardation center

$1,300

(f) Day health care

$140

(g) Family care home

$40

(h) Group homes for the mentally retarded/

developmentally disabled

$80

(i) Health maintenance organization

$10 per 100 patients

(j) Home health agency

$140

(k) Hospice

$35

(l) Hospital

 

1. Accredited hospital

$10 per bed

$155/minimum

2. Nonaccredited hospital

$15 per bed

$155/minimum

(m) Intermediate care facility

$15 per bed

$155/minimum

(n) ICF/MR facility

$15 per bed

$155/minimum

(o) Network

$270

(p) Nursing facility

$15 per bed

$155/minimum

(q) Nursing home

$15 per bed

$155/minimum

(r) Ambulatory care clinic

$270

(s) Personal care home

$4 per bed

$80/minimum

(t) Primary care center

$270

$25 per satellite

(u) Psychiatric hospital

 

1. Accredited hospital

$10 per bed

$155/minimum

2. Nonaccredited hospital

$15 per bed

$155/minimum

(v) Psychiatric residential treatment facility

$270

(w) Rehabilitation agency

$140

(x) Renal dialysis facility

$35 per station

(y) Rural health clinic

$140

(z) Skilled nursing facility

$15 per bed

$155/minimum

(aa) Special health clinic

$270

(bb) Specialized medical technology service

$270

(cc) Mobile health service

$270

(dd) Comprehensive physical rehabilitation hospital

 

1. Accredited hospital

$10 per bed

$155/minimum

2. Nonaccredited

$15 per bed

$155/minimum

(ee) Critical access hospital

$15 per bed

$155/minimum

(ff) Private duty nursing agency

$140

(gg) Residential hospice facility

$9 per bed

$155 minimum

(hh) Group Homes for persons with acquired brain injuries

$80

(ii) Prescribed Pediatric Extended Care Facilities

$155

 

      Section 4. Existing Facilities With Waivers. (1) The Inspector General shall deem an existing health care facility to be in compliance with a facility specification requirement, even though the facility does not meet fully the applicable requirement, if:

      (a) The Inspector General has previously granted, to the facility, a waiver for the requirement;

      (b) The facility is licensed by the cabinet;

      (c) The facility is in good standing as of the effective date of this administrative regulation; and

      (d) The waived requirement does not adversely affect the health, safety, or welfare of a resident or patient.

      (2) If the Inspector General determines that the waived requirement has adversely affected patient or resident health, safety or welfare, then:

      (a) The Inspector General shall notify the facility by certified mail of the findings and the need to comply with the applicable administrative regulations; and

      (b) The health facility shall submit a written plan to ensure compliance, pursuant to Section 2(5)(b) of this administrative regulation.

 

      Section 5. Variances. (1) The Inspector General may grant a health care facility a variance from a facility specification requirement if the facility establishes that the variance will:

      (a) Improve the health, safety, or welfare of a resident or patient; or

      (b) Promote the same degree of health, safety, or welfare of a resident or patient as would prevail without the variance.

      (2) A facility shall submit a request for a variance, in writing, to the Office of the Inspector General, Cabinet for Health Services. The request shall include:

      (a) All pertinent information about the facility;

      (b) The specific provision of the administrative regulation affected;

      (c) The specific reason for the request; and

      (d) Evidence in support of the request.

      (3) The Inspector General shall review and approve or deny the request for variance. The Inspector General may request additional information from the facility as is necessary to render a decision. A variance may be granted with or without a stipulation or restriction.

      (4) The Inspector General shall revoke a variance previously granted if the Inspector General determines the variance has not:

      (a) Improved the health, safety, or welfare of a patient or resident; or

      (b) Promoted the same degree of health, safety, or welfare of a patient or resident that would prevail without the variance.

      1. The Inspector General shall notify the health facility, by certified mail, of a decision to revoke a variance and the need to comply with the applicable regulatory requirement.

      2. The health facility shall submit a written plan to ensure compliance, pursuant to Section 2(5)(b) of this administrative regulation.

 

      Section 6. Variance Hearings. (1) A health care facility dissatisfied with a decision to deny, modify, or revoke a variance or a request for a variance may file a written request for a hearing with the Secretary of the Cabinet for Health Services. The request shall be received by the secretary of the cabinet within twenty (20) days of the date the health care facility receives notice of the decision to deny, modify, or revoke the variance or request for a variance.

      (2) An administrative hearing shall be conducted in accordance with KRS Chapter 13B.

 

      Section 7. Adverse Action Procedures. (1) A facility that has received a preliminary order to close or other notice of adverse action:

      (a) Shall receive a duplicate license from the Office of Inspector General indicating that the facility has adverse action pending;

      (b) Shall post the duplicate license in place of the original license;

      (c) Shall be subject to periodic inspections by the inspecting agency to investigate complaints and ensure patient safety; and

      (d) May continue to operate under duplicate license pending completion of the adverse action process, if patients and residents are not subjected to risk of death or serious harm.

      (2) Until all appeals of the pending adverse action have been exhausted, the facility shall not have its:

      (a) License renewed; or

      (b) Duplicate license replaced.

 

      Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) Application for License to Operate a Family Care Home, OIG 4 (10/2002);

      (b) Application for License to Operate a Long-term Care Facility, OIG 5 (10/2002);

      (c) Application for License to Operate a Hospital, OIG 140 (10/2002);

      (d) Application for License to Operate a Home Health Agency, OIG 141(10/2002);

      (e) Application for License to Operate a Special Health Clinic or Service, OIG 142 (10/2002);

      (f) Application for License to Operate a Health Facility or Service, OIG 144 (10/2002);

      (g) Application for Initial License to Operate A Critical Access Hospital (CAH), OIG 242 (10/2002);

      (h) Application for Relicensure to Operate A Critical Access Hospital (CAH), OIG 242A (10/2002); and

      (i) Application for a License to Operate a Residential Hospice Facility, OIG 155 (10/2002).

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Inspector General, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (8 Ky.R. 218; Am. 493; eff. 2-1-82; 9 Ky.R. 61; eff. 8-11-82; 745; eff. 1-6-83; 1055; eff. 4-6-83; 1325; eff. 7-6-83; 11 Ky.R. 465; Am. 730; eff. 12-11-84; 13 Ky.R. 1131; eff. 2-10-87; 14 Ky.R. 1870; 2031; eff. 4-14-88; 17 Ky.R. 133; eff. 9-13-90; 3536; eff. 7-17-91; 23 Ky.R. 3624; 4135; eff. 6-16-97; 24 Ky.R. 1786; 2378; eff. 5-18-98; 27 Ky.R. 3166; 28 Ky.R. 90; eff. 7-16-2001; 29 Ky.R. 1896; 2471; eff. 4-11-03; 30 Ky.R. 434; 868; eff. 10-15-03.)