Page 1 of 1 216B.065 Notification of intent to acquire facility or equipment -- Conditions requiring a certificate of need for acquisition. (1) Before any person enters into a contractual agreement to acquire a licensed health facility, the person shall notify the cabinet of the intent to acquire the facility or <br>major medical equipment and of the services to be offered in the facility and its bed <br>capacity or the use of the medical equipment. The notice shall be in writing and <br>shall be filed at least thirty (30) days prior to entry into a contract to acquire the <br>health facility or major medical equipment with respect to which the notice is given. (2) A certificate of need shall be required for the acquisition of a health facility or major medical equipment, only if: <br>(a) The notice required in this section is not filed and the arrangement will require the obligation of a capital expenditure which exceeds the capital expenditure <br>minimum; or (b) The cabinet finds within thirty (30) days after the date it received notice that the health services or bed capacity of the health facility will be substantially <br>changed in being acquired. (3) Donations, transfers, and leases of major medical equipment and health facilities shall be considered acquisitions of equipment and facilities, and an acquisition of <br>medical equipment or a facility for less than fair market value shall be considered <br>an acquisition if the fair market value exceeds the expenditure minimum. (4) Before any health facility reduces or terminates a health service or reduces its bed capacity, the facility shall notify the cabinet of its intent. The notice shall be in <br>writing and shall be filed at least thirty (30) days prior to the reduction or <br>termination. A certificate of need shall be required for the reduction or termination <br>only if the notice required in this section is not filed. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 47, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 33, effective July 15, 1994. -- Amended 1990 Ky. <br>Acts ch. 499, sec. 6, effective July 13, 1990. --Amended 1988 Ky. Acts ch. 210, <br>sec. 16, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 13, effective <br>July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 12, effective July 15, 1980.
Page 1 of 1 216B.065 Notification of intent to acquire facility or equipment -- Conditions requiring a certificate of need for acquisition. (1) Before any person enters into a contractual agreement to acquire a licensed health facility, the person shall notify the cabinet of the intent to acquire the facility or <br>major medical equipment and of the services to be offered in the facility and its bed <br>capacity or the use of the medical equipment. The notice shall be in writing and <br>shall be filed at least thirty (30) days prior to entry into a contract to acquire the <br>health facility or major medical equipment with respect to which the notice is given. (2) A certificate of need shall be required for the acquisition of a health facility or major medical equipment, only if: <br>(a) The notice required in this section is not filed and the arrangement will require the obligation of a capital expenditure which exceeds the capital expenditure <br>minimum; or (b) The cabinet finds within thirty (30) days after the date it received notice that the health services or bed capacity of the health facility will be substantially <br>changed in being acquired. (3) Donations, transfers, and leases of major medical equipment and health facilities shall be considered acquisitions of equipment and facilities, and an acquisition of <br>medical equipment or a facility for less than fair market value shall be considered <br>an acquisition if the fair market value exceeds the expenditure minimum. (4) Before any health facility reduces or terminates a health service or reduces its bed capacity, the facility shall notify the cabinet of its intent. The notice shall be in <br>writing and shall be filed at least thirty (30) days prior to the reduction or <br>termination. A certificate of need shall be required for the reduction or termination <br>only if the notice required in this section is not filed. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 47, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 33, effective July 15, 1994. -- Amended 1990 Ky. <br>Acts ch. 499, sec. 6, effective July 13, 1990. --Amended 1988 Ky. Acts ch. 210, <br>sec. 16, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 13, effective <br>July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 12, effective July 15, 1980.
Page 1 of 1 216B.065 Notification of intent to acquire facility or equipment -- Conditions requiring a certificate of need for acquisition. (1) Before any person enters into a contractual agreement to acquire a licensed health facility, the person shall notify the cabinet of the intent to acquire the facility or <br>major medical equipment and of the services to be offered in the facility and its bed <br>capacity or the use of the medical equipment. The notice shall be in writing and <br>shall be filed at least thirty (30) days prior to entry into a contract to acquire the <br>health facility or major medical equipment with respect to which the notice is given. (2) A certificate of need shall be required for the acquisition of a health facility or major medical equipment, only if: <br>(a) The notice required in this section is not filed and the arrangement will require the obligation of a capital expenditure which exceeds the capital expenditure <br>minimum; or (b) The cabinet finds within thirty (30) days after the date it received notice that the health services or bed capacity of the health facility will be substantially <br>changed in being acquired. (3) Donations, transfers, and leases of major medical equipment and health facilities shall be considered acquisitions of equipment and facilities, and an acquisition of <br>medical equipment or a facility for less than fair market value shall be considered <br>an acquisition if the fair market value exceeds the expenditure minimum. (4) Before any health facility reduces or terminates a health service or reduces its bed capacity, the facility shall notify the cabinet of its intent. The notice shall be in <br>writing and shall be filed at least thirty (30) days prior to the reduction or <br>termination. A certificate of need shall be required for the reduction or termination <br>only if the notice required in this section is not filed. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 371, sec. 47, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 33, effective July 15, 1994. -- Amended 1990 Ky. <br>Acts ch. 499, sec. 6, effective July 13, 1990. --Amended 1988 Ky. Acts ch. 210, <br>sec. 16, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 13, effective <br>July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 12, effective July 15, 1980.
