Title 902 | Chapter 004 | Regulation 105REG
PROPOSED
This document is not yet current.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Maternal and Child Health
(New Administrative Regulation)
902 KAR 4:105.Kentucky Lifeline for Moms program implementation.
Section 1.
Definitions.(1)
"Eligible patient" means any individual who is pregnant or up to twelve (12) months post-pregnancy.(2)
"Health-care provider" is defined by KRS 216.2920(5).(3)
"Lifeline for Moms" means the consultation line, as authorized by KRS 211.123, available for health-care providers to build their capacity to address mental health concerns of patients who are pregnant or up to twelve (12) months post-partum.(4)
"Maternal and infant health collaborative" means the collaborative panel of maternal and infant health-care providers as authorized by KRS 211.122.Section 2.
Program implementation.(1)
A health-care provider who, upon examination of an eligible patient, is concerned that the patient may be suffering a perinatal mood disorder may contact the Kentucky Lifeline for Moms program for assistance in determining the most appropriate course of action in accordance with KRS 211.123(4).(2)
Beginning July 1, 2025, and continuing annually thereafter, the Kentucky Lifeline for Moms program shall provide a report to the maternal and infant health collaborative panel on the following:(a)
The total number of calls received per quarter;(b)
The geographic location by area development district of the caller;(c)
The discipline of the health-care provider who contacted the program; and(d)
The total number of patients served.STEVEN J. STACK, MD, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 26, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 16, 2024, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. 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 this proposed administrative regulation until December 31, 2024. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures to implement the Kentucky Lifeline for Moms program.
(b) The necessity of this administrative regulation:
This administrative regulation ensures health-care providers who, upon examination, are concerned that an eligible patient may have a perinatal mood disorder, are able to consult with a mental health professional who can recommend an appropriate course of action.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 211.123 requires the department to promulgate an administrative regulation to implement the Kentucky Lifeline for Moms program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This new administrative regulation will aid in the implementation of the Kentucky Lifeline for Moms program.
(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:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation impacts all health-care providers who provide care for eligible patients.
(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:
Health-care providers will need to be aware of the resource available through the Kentucky Lifeline for Moms program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Health-care providers will have access to mental health supports when there is a concern that an eligible patient is suffering a perinatal mood disorder.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
It will cost approximately $825,000 in the first year.
(b) On a continuing basis:
It will cost approximately $825,000 on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The current source of funding to implement the Kentucky Lifeline for Moms program is a grant from the United States Health Resources and Services Administration.
(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:
An increase in fees or funding is not needed to implement this administrative regulation at this time.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees established in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are equally applicable to all regulated entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 211.123.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Department for Public Health is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
Approximately $825,000.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
This administrative regulation does not result in cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities include all health-care providers who provide care to eligible patients.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact the expenditures for the additional regulated entities.
Revenues:
This administrative regulation does not generate revenue for the additional regulated entities.
Cost Savings:
This administrative regulation will not result in a cost savings for the additional regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact at this time.
(b) Methodology and resources used to determine the fiscal impact:
The Department for Public Health has received a grant from the United States Health Resources and Services Administration to establish a Lifeline for Moms program. The grant is for five years and will be used to support the functions established in this administrative regulation.
(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)
This administrative regulation has the potential to have an adverse major economic impact for the cabinet. The Department for Public Health currently has grant funding available to support the program. A loss of grant funding would result in this becoming an unfunded mandate. The department would need an additional $825,000 per year to support the program if grant funding is not available.
(b) The methodology and resources used to reach this conclusion:
The grant amount is $750,000 for five years. The cabinet is required to provide ten (10) percent matching funds. $750,000 + $75,000 = $825,000.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Maternal and Child Health
(New Administrative Regulation)
902 KAR 4:105.Kentucky Lifeline for Moms program implementation.
Section 1.
Definitions.(1)
"Eligible patient" means any individual who is pregnant or up to twelve (12) months post-pregnancy.(2)
"Health-care provider" is defined by KRS 216.2920(5).(3)
"Lifeline for Moms" means the consultation line, as authorized by KRS 211.123, available for health-care providers to build their capacity to address mental health concerns of patients who are pregnant or up to twelve (12) months post-partum.(4)
"Maternal and infant health collaborative" means the collaborative panel of maternal and infant health-care providers as authorized by KRS 211.122.Section 2.
Program implementation.(1)
A health-care provider who, upon examination of an eligible patient, is concerned that the patient may be suffering a perinatal mood disorder may contact the Kentucky Lifeline for Moms program for assistance in determining the most appropriate course of action in accordance with KRS 211.123(4).(2)
Beginning July 1, 2025, and continuing annually thereafter, the Kentucky Lifeline for Moms program shall provide a report to the maternal and infant health collaborative panel on the following:(a)
The total number of calls received per quarter;(b)
The geographic location by area development district of the caller;(c)
The discipline of the health-care provider who contacted the program; and(d)
The total number of patients served.STEVEN J. STACK, MD, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 26, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by December 16, 2024, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. 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 this proposed administrative regulation until December 31, 2024. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; Phone: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Julie Brooks and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures to implement the Kentucky Lifeline for Moms program.
(b) The necessity of this administrative regulation:
This administrative regulation ensures health-care providers who, upon examination, are concerned that an eligible patient may have a perinatal mood disorder, are able to consult with a mental health professional who can recommend an appropriate course of action.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 211.123 requires the department to promulgate an administrative regulation to implement the Kentucky Lifeline for Moms program.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This new administrative regulation will aid in the implementation of the Kentucky Lifeline for Moms program.
(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:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation impacts all health-care providers who provide care for eligible patients.
(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:
Health-care providers will need to be aware of the resource available through the Kentucky Lifeline for Moms program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Health-care providers will have access to mental health supports when there is a concern that an eligible patient is suffering a perinatal mood disorder.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
It will cost approximately $825,000 in the first year.
(b) On a continuing basis:
It will cost approximately $825,000 on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The current source of funding to implement the Kentucky Lifeline for Moms program is a grant from the United States Health Resources and Services Administration.
(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:
An increase in fees or funding is not needed to implement this administrative regulation at this time.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees established in this administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied as the requirements of this administrative regulation are equally applicable to all regulated entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050 and 211.123.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Department for Public Health is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
Approximately $825,000.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
This administrative regulation does not result in cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
Additional regulated entities include all health-care providers who provide care to eligible patients.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation does not impact the expenditures for the additional regulated entities.
Revenues:
This administrative regulation does not generate revenue for the additional regulated entities.
Cost Savings:
This administrative regulation will not result in a cost savings for the additional regulated entities.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact at this time.
(b) Methodology and resources used to determine the fiscal impact:
The Department for Public Health has received a grant from the United States Health Resources and Services Administration to establish a Lifeline for Moms program. The grant is for five years and will be used to support the functions established in this administrative regulation.
(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)
This administrative regulation has the potential to have an adverse major economic impact for the cabinet. The Department for Public Health currently has grant funding available to support the program. A loss of grant funding would result in this becoming an unfunded mandate. The department would need an additional $825,000 per year to support the program if grant funding is not available.
(b) The methodology and resources used to reach this conclusion:
The grant amount is $750,000 for five years. The cabinet is required to provide ten (10) percent matching funds. $750,000 + $75,000 = $825,000.