HB 407 — AN ACT relating to certificate of need.

Summary

Amend KRS 216B.040 to require that the Cabinet for Health and Family Services conduct public hearings on certificate of need applications as requested by applicants and by holders of certificates of need and licenses; amend KRS 216B.062 to require a final decision within 90 days; amend KRS 216B.085 to require that only the applicant may request a public hearing; require that notice of the public hearing be given only to the applicant; require that only the applicant have the right to be represented by counsel and to present evidence and arguments at the public hearing; require that the cabinet notify only the applicant of the decision and that the decision is final unless a request for reconsideration is filed by only the applicant; amend KRS 216B.090 to permit only the applicant to request a hearing for purposes of reconsideration of the cabinet; amend KRS 216B.095 to delete notice of a cabinet decision regarding a request for a nonsubstantive review to any affected party; amend KRS 216B.115 to permit an appeal to the Franklin Circuit Court by the applicant of any final decision of the cabinet regarding an application to be made.

Bill Text

• Introduced View text Current pdf

Compared against the Kentucky Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing procedures and requirements for applications and hearings related to certificates of need by the cabinet.

• KRS 216B.040

  in accordance with the provisions of → in accordance with

  The phrase was simplified for clarity without changing the meaning.

• KRS 216B.040

  To establish → establish:

  This change modifies the phrasing for introducing the list of criteria.

• KRS 216B.040

  public hearings, as requested, in respect to certificate-of-need applications, revocations of certificates of need, and denials, suspensions, modifications, or revocations of licenses. → public hearings, as requested by: 1. An applicant for a certificate of need, in respect to that applicant's certificate of need application; 2. A holder of a certificate of need, in respect to a revocation of that holder's certificate of need; or 3. A holder of a license, in respect to a denial, suspension, modification, or revocation of that holder's license.

  Clarifies the entities that can request public hearings related to specific applications and actions.

• KRS 216B.062

  pursuant to the provisions of → in accordance with

  Updates the language for consistency in the statute.

• KRS 216B.062

  No review shall take longer than ninety (90) days from the commencement of the review unless the applicant agrees to a deferral of action. → The cabinet shall issue a final decision on an application within ninety (90) days from the commencement of the review unless the applicant agrees to a deferral of action.

  Changes the phrasing to clearly state that the cabinet must issue a decision within the specified time frame.

• KRS 216B.085

  any affected person → an applicant

  Limits the individuals who can request a public hearing to just the applicant.

• KRS 216B.085

  all affected persons → the applicant

  Simplifies notification requirements regarding the hearing to only include the applicant.

• KRS 216B.085

  any party to the proceedings → the applicant

  Clarifies who has the right to representation and participation in the hearing.

• KRS 216B.085

  parties to the proceedings → the applicant

  Updates notification requirements post-decision to include only the applicant.

• KRS 216B.090

  Any party to the proceedings → An applicant

  Limits the request for a hearing for reconsideration to the applicant only.

• KRS 216B.090

  a public hearing pursuant to KRS 216B.085 was not conducted prior to a decision to deny a certificate of need

  Removes a specific condition for demonstrating good cause for reconsideration, which may streamline the process.

Action History

1. April 15, 2026

   recommitted to Appropriations & Revenue (H)

2. March 06, 2026

   2nd reading, to Rules

3. March 05, 2026

   reported favorably, 1st reading, to Calendar with Committee Substitute (1)

4. January 23, 2026

   to Health Services (H)

5. January 15, 2026

   to Committee on Committees (H)

6. January 15, 2026

   introduced in House

Sponsors

• Nancy Tate · Primary
• T.J. Roberts · Primary
• Felicia Rabourn · Primary
• Jason Nemes · Primary
• Candy Massaroni · Primary
• Savannah Maddox · Primary
• Thomas Huff · Primary
• Kim Holloway · Primary
• John Hodgson · Primary
• Steven Doan · Primary
• Josh Calloway · Primary
• Emily Callaway · Primary
• Kim Banta · Primary
• Matt Lockett · Primary
• Marianne Proctor · Primary

Subjects