Title 017 | Chapter 003 | Regulation 042REG
PROPOSED
This document is not yet current.
OFFICE OF THE GOVERNOR
Department of Veterans Affairs
Office of Kentucky Veterans Centers
(New Administrative Regulation)
17 KAR 3:042.Eligibility requirements to state veterans' nursing homes.
Section 1.
Eligibility Requirements.(1)
Except as provided in subsection (2) of this section, to be admitted to a Kentucky Veterans' Center, the person shall:(a)
Be a veteran;(b)
Be disabled by reason of disease, wounds, age, or otherwise be in need of nursing care;(c)
Be a Kentucky resident as of the date of admission to a Kentucky Veterans' Center; and(d)
Have a military discharge that is not of a dishonorable nature.(2)
A person shall not be eligible for admission if the person:(a)
Has been diagnosed by a qualified health care professional as acutely mentally ill, as an acute alcoholic, as addicted to drugs, as continuously disruptive, or as dangerous to self or others;(b)
Is ventilator dependent; or(c)
Has needs that cannot be met by the Veterans' Center.This is to certify that the Executive Director of the Office of Kentucky Veteran Centers and the Commissioner of the Kentucky Department of Veterans Affairs have reviewed and recommended this administrative regulation prior to its adoption, as required by KRS 156.070(4).
MARK BOWMAN, Executive Director
WHITNEY ALLEN, Commissioner
LILY CHAN PATTESON, Executive Director & General Counsel
APPROVED BY AGENCY: March 5, 2025
FILED WITH LRC: March 6, 2025 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Thursday, May 22, 2025, at 11:00 a.m. at 1111 Louisville Rd., Suite B, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Juan Renaud, Deputy Commissioner, Office of the Commissioner, or Mark Bowman, Executive Director, 1111 Louisville Rd., Suite B, Frankfort, Kentucky 40601; phone (502) 782.5721 or (502) 564.9203; fax (502) 564.9240; email Juan.Renaud@ky.gov or Mark.Bowman@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Juan Renaud or Mark Bowman
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation clarifies who is eligible for admission to the Commonwealth’s Veteran Centers.
(b) The necessity of this administrative regulation:
The administrative regulation ensures that veterans of the Commonwealth understand eligibility requirements when they seek admissions to one of the Commonwealth’s Veteran Centers.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by acknowledging KDVA’s responsibility to operate the Commonwealth’s five Veteran Centers and determine which veterans are eligible for admission to those Centers.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by continuing to clarify the Commonwealth’s Veteran Centers policies for admission.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation include: (1) Most recent estimations suggest that there are 216,667 veterans residing in the Commonwealth; those who personal and financial circumstances make them eligible for admission to one of the Commonwealth’s Veteran Centers will be positively affected by this administrative regulation; and (2) The families of the veterans listed in (1).
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
KDVA does not foresee a change in the quality of care to the veteran residents of the Commonwealth’s Veterans Centers.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no additional costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Commonwealth’s veterans and their families will have clearly defined admission requirements. There are no additional costs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no additional costs.
(b) On a continuing basis:
There are no additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There are no additional costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
KDVA does not anticipate an increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
KDVA does not anticipate an increase in fees or funding.
(9) TIERING: Is tiering applied?
Tiering is not appropriate in assessments undertaken with this administrative regulation because the requirements will be equally applied to all individuals or entities subject to the regulation. Disparate treatment of persons or entities subject to this administrative regulation would undoubtedly raise Constitutional inquiries of KDVA’s arbitrariness based on the Fourteenth Amendment to the U.S. Constitution (i.e., the Equal Protection or Due Process clauses).
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
The state statutes, federal statutes, or federal regulations that require or authorize the action taken by the administrative regulation include: KRS 40.325, which authorizes KDVA to promulgate regulations to operate the Commonwealth’s five Veteran Centers and to seek private or federal funding for those Centers.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The affected state units, parts, or divisions include the Commonwealth’s five Veteran Centers: (1) Carl M. Brashear Radcliff Veterans Center in Radcliff, Kentucky; (2) Paul E. Patton Eastern Kentucky Veterans Center in Hazard, Kentucky; (3) Joseph Eddie Ballard Western Kentucky Veterans Center in Hanson, Kentucky; (4) Thomson-Hood Veterans Center in Wilmore, Kentucky; and (5) Robert E. Spiller Bowling Green Veterans Center (expected to start in July 2025) in Bowling Green, Kentucky.
(a) Estimate the following for the first year:
Expenditures:
There are no additional costs.
Revenues:
There are no additional costs.
Cost Savings:
There are no additional costs.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
NA
Revenues:
NA
Cost Savings:
NA
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(4) Identify additional regulated entities not listed in questions (2) or (3):
NA
(a) Estimate the following for the first year:
Expenditures:
NA
Revenues:
NA
Cost Savings:
NA
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There are no fiscal impacts.
(b) Methodology and resources used to determine the fiscal impact:
There are no fiscal impacts because the administrative regulation defines eligibility for admissions only.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
NA
(b) The methodology and resources used to reach this conclusion:
As there are no major economic impacts incurred with this regulation, no methodology was necessary.
OFFICE OF THE GOVERNOR
Department of Veterans Affairs
Office of Kentucky Veterans Centers
(New Administrative Regulation)
17 KAR 3:042.Eligibility requirements to state veterans' nursing homes.
Section 1.
Eligibility Requirements.(1)
Except as provided in subsection (2) of this section, to be admitted to a Kentucky Veterans' Center, the person shall:(a)
Be a veteran;(b)
Be disabled by reason of disease, wounds, age, or otherwise be in need of nursing care;(c)
Be a Kentucky resident as of the date of admission to a Kentucky Veterans' Center; and(d)
Have a military discharge that is not of a dishonorable nature.(2)
A person shall not be eligible for admission if the person:(a)
Has been diagnosed by a qualified health care professional as acutely mentally ill, as an acute alcoholic, as addicted to drugs, as continuously disruptive, or as dangerous to self or others;(b)
Is ventilator dependent; or(c)
Has needs that cannot be met by the Veterans' Center.This is to certify that the Executive Director of the Office of Kentucky Veteran Centers and the Commissioner of the Kentucky Department of Veterans Affairs have reviewed and recommended this administrative regulation prior to its adoption, as required by KRS 156.070(4).
MARK BOWMAN, Executive Director
WHITNEY ALLEN, Commissioner
LILY CHAN PATTESON, Executive Director & General Counsel
APPROVED BY AGENCY: March 5, 2025
FILED WITH LRC: March 6, 2025 at 2:40 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Thursday, May 22, 2025, at 11:00 a.m. at 1111 Louisville Rd., Suite B, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Juan Renaud, Deputy Commissioner, Office of the Commissioner, or Mark Bowman, Executive Director, 1111 Louisville Rd., Suite B, Frankfort, Kentucky 40601; phone (502) 782.5721 or (502) 564.9203; fax (502) 564.9240; email Juan.Renaud@ky.gov or Mark.Bowman@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Juan Renaud or Mark Bowman
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation clarifies who is eligible for admission to the Commonwealth’s Veteran Centers.
(b) The necessity of this administrative regulation:
The administrative regulation ensures that veterans of the Commonwealth understand eligibility requirements when they seek admissions to one of the Commonwealth’s Veteran Centers.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by acknowledging KDVA’s responsibility to operate the Commonwealth’s five Veteran Centers and determine which veterans are eligible for admission to those Centers.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by continuing to clarify the Commonwealth’s Veteran Centers policies for admission.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
NA
(b) The necessity of the amendment to this administrative regulation:
NA
(c) How the amendment conforms to the content of the authorizing statutes:
NA
(d) How the amendment will assist in the effective administration of the statutes:
NA
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation include: (1) Most recent estimations suggest that there are 216,667 veterans residing in the Commonwealth; those who personal and financial circumstances make them eligible for admission to one of the Commonwealth’s Veteran Centers will be positively affected by this administrative regulation; and (2) The families of the veterans listed in (1).
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
KDVA does not foresee a change in the quality of care to the veteran residents of the Commonwealth’s Veterans Centers.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There are no additional costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Commonwealth’s veterans and their families will have clearly defined admission requirements. There are no additional costs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no additional costs.
(b) On a continuing basis:
There are no additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There are no additional costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
KDVA does not anticipate an increase in fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
KDVA does not anticipate an increase in fees or funding.
(9) TIERING: Is tiering applied?
Tiering is not appropriate in assessments undertaken with this administrative regulation because the requirements will be equally applied to all individuals or entities subject to the regulation. Disparate treatment of persons or entities subject to this administrative regulation would undoubtedly raise Constitutional inquiries of KDVA’s arbitrariness based on the Fourteenth Amendment to the U.S. Constitution (i.e., the Equal Protection or Due Process clauses).
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
The state statutes, federal statutes, or federal regulations that require or authorize the action taken by the administrative regulation include: KRS 40.325, which authorizes KDVA to promulgate regulations to operate the Commonwealth’s five Veteran Centers and to seek private or federal funding for those Centers.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The affected state units, parts, or divisions include the Commonwealth’s five Veteran Centers: (1) Carl M. Brashear Radcliff Veterans Center in Radcliff, Kentucky; (2) Paul E. Patton Eastern Kentucky Veterans Center in Hazard, Kentucky; (3) Joseph Eddie Ballard Western Kentucky Veterans Center in Hanson, Kentucky; (4) Thomson-Hood Veterans Center in Wilmore, Kentucky; and (5) Robert E. Spiller Bowling Green Veterans Center (expected to start in July 2025) in Bowling Green, Kentucky.
(a) Estimate the following for the first year:
Expenditures:
There are no additional costs.
Revenues:
There are no additional costs.
Cost Savings:
There are no additional costs.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
(a) Estimate the following for the first year:
Expenditures:
NA
Revenues:
NA
Cost Savings:
NA
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(4) Identify additional regulated entities not listed in questions (2) or (3):
NA
(a) Estimate the following for the first year:
Expenditures:
NA
Revenues:
NA
Cost Savings:
NA
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
NA
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There are no fiscal impacts.
(b) Methodology and resources used to determine the fiscal impact:
There are no fiscal impacts because the administrative regulation defines eligibility for admissions only.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
NA
(b) The methodology and resources used to reach this conclusion:
As there are no major economic impacts incurred with this regulation, no methodology was necessary.