The order, issued May 31, declares a limited moratorium on the review, consideration and approval of all certificate of need applications for new construction, establishment, expansion of service area, or other initiative to develop or expand the following health services:

• long term care beds (personal care, nursing home, nursing facility, intermediate care, skilled and Alzheimer nursing home beds);
• fixed-site and mobile MRI services;
• comprehensive physical rehabilitation beds;
• home health agencies;
• adult day health care programs;
• private duty nursing services;
• ambulatory surgery centers; and
• open heart surgery programs.

Exceptions to the moratorium include:

• certificate of need projects that show good cause that an emergency exists and receive a recommendation from the Governor that an emergency exists;
• applications for the relocation of a facility within the same county;
• applications for the replacement of a facility which fails to meet life safety codes; and
• applications acted upon prior to the effective date of the moratorium and remanded by a court for reconsideration.

The following health services are not subject to the moratorium and will be processed and review by the Cabinet according to the existing time tables established in 900 KAR 6:050:

• hospital acute care beds;
• special care neonatal units;
• organ transplant programs;
• cardiac catheterization services;
• megavoltage radiation equipment;
• chemical dependency treatment beds;
• psychiatric hospital beds;
• psychiatric residential treatment facilities;
• ambulance services;
• hospices;
• new technology;
• mobile services;
• change of location for a proposed health facility;
• replacement or repair worn equipment;
• cost escalations;
• industrial ambulance services;
• rehabilitation agencies;
• ambulatory care centers;
• birthing centers;
• lithotripter services; and
• prescribed pediatric extended care facilities.

The moratorium will remain in effect through April 15, 2002. The executive order states that this moratorium will assure the "status quo" until the legislative and executive branches of government can address the issues of quality, access, need and cost of care in regard to nursing facility beds and alternatives to institutionalized long-term care and other health care services, facilities and equipment in context of the state budget, as well as ensuring that the government’s approach to health care meets the needs of its citizens with a cost-efficient and funded delivery network.

Letters of intent and applications filed with the Office of Certificate of Need for beds and services subject to the moratorium will be held in abeyance until the expiration of the moratorium, and will then be processed in the next appropriate batching cycle.

Contact the Office of Certificate of Need at (502) 564 9589 if you have any questions regarding the moratorium.

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