Title 902 | Chapter 008 | Regulation 160
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Administration and Financial Management
(Amendment)
902 KAR 8:160.Local health department operations requirements.
Section 1.
Definitions.(1)
"Agency" is defined by KRS 211.1751(1).(2)
"Animal control officer" is defined by KRS 258.005(7).(3)
"Board" means the statutorily mandated governing body for local health departments in Kentucky.(4)
"Public health department director" means the administrative officer of the agency.Section 2.
Policies and Procedures. Internal policies and procedures for operations established by an agency shall comply with procedures and policies developed by the cabinet, in accordance with KRS 211.170(1), (2), (3), (4), and (6).Section 3.
Conflict of Interests.(1)
An agency employee shall avoid situations that are or appear to be a conflict of interest.(2)
An agency employee shall not:(a)
Sell, recommend, or promote a specific brand of product or equipment that(b)
Recommend or express to the public a preference for health-related professional services or products of an individual or firm;(c)
Be engaged in a business or have financial interests that(d)
Enter into a contract with or hold an additional full-time or part-time position in another agency unless approved by the cabinet in writing;(e)
Be an owner or part owner of a business that contracts with or is regulated by the agency without prior review by the cabinet; or(f)
Accept appointment or be employed as an animal control officer.(3)
An agency employee shall not conduct the following services for the employee, the employee's spouse, parent, child, brother or sister or the spouse of either of them, grandparent, grandchild, mother or father-in-law, daughter or son-in-law:(a)
Determine eligibility for an agency service;(b)
Issue women, infants, and children food instruments or prescribe food packages; or(c)
Conduct an inspection or monitor compliance with the agency's medical or environmental standards and administrative regulations.(4)
An employee or former employee shall not receive severance pay in cash, benefits, goods, or services.Section 4.
Employee Tuition Assistance.(1)
A public health department director may approve a tuition assistance agreement to specify the terms and conditions for a regular full-time or part-time 100 hour employee to attend a course of study provided by a college or university, correspondence school, vocational school, or other training institution, if the coursework is related to:(a)
The work of the agency; and(b)
The employee's current position; or(c)
An agency position to which the employee can reasonably aspire.(2)
The public health department director may approve tuition assistance from the agency budget for a nonrelated course if:(a)
The course is a requirement for a degree or certification program; and(b)
The degree is determined to be necessary to the function and purpose of the agency.(3)
The board may approve a tuition assistance request to be used by a public health department director for the director's course of study.(4)
Restricted funds used for payment of tuition assistance shall receive prior written approval from the funding authority.(5)
An employee approved to receive tuition assistance shall repay to the agency the tuition paid on the employee's behalf if the employee:(a)
Fails to provide the agency, or board, evidence of satisfactory completion of the training within thirty (30) working days after scheduled completion; or(b)
Receives a grade of:1.
Less than "C" in an undergraduate course;2.
Less than "B" in a graduate course;3.
"F" in a pass/fail course;4.
"U" in a satisfactory/unsatisfactory course;5.
"I" for incomplete; or6.
Fails to complete the training, regardless of cause, without prior approval of the public health department director or board.(6)
The employee shall maintain paid full-time or part-time 100 hour work status for the agency while taking courses.(7)
An employee shall continue employment with the agency for a period of at least one (1) month(8)
The employee shall repay the agency for educational assistance funds expended on the employee's behalf if the employee resigns, retires, or is dismissed for cause prior to completion of the continued employment provisions of subsection (7) of this section.(9)
The repayment shall be:(a)
Prorated according to the portion of the continued employment provisions of subsection (7) of this section the employee has fulfilled; and(b)
Repaid within six (6) months following resignation, retirement, or dismissal.(10)
The employee may use accumulated annual leave or compensatory time as necessary to attend classes if requested by the employee.(11)
The maximum allowable course hours an employee may take in a semester shall be determined by the public health department director as provided in their internal control manual.(12)
If approved, tuition assistance shall be granted for:(a)
Tuition and routine registration fees;(b)
Laboratory and examination fees; and(c)
Required textbooks.(13)
Tuition assistance shall not be granted for:(a)
Late registration;(b)
Graduation fees;(c)
Parking or transportation;(d)
Records or transcripts;(e)
Supplies;(f)
Assessments; or(g)
Courses taken prior to approval by the agency.(14)
Tuition and fees shall be paid directly to the college or training institution or reimbursed to the employee.(15)
An agency shall maintain records, subject to audit, to ensure the proper administration of the employee tuition assistance program.Section 5.
Educational Leave Program.(1)
The public health department director may approve educational leave for a regular full-time or part-time 100 hour employee.(2)
Educational leave may be approved on a full-time or part-time basis with or without pay as determined by the public health department director.(3)
Educational leave shall be for the purpose of coursework or training related to the current or future duties and responsibilities of the employee.(4)
Payment for educational leave shall come from the agency budget.(5)
Restricted funds used for payment of educational leave shall receive prior written approval from the funding authority.(6)
Educational leave payment shall not be granted for:(a)
Late registration fees;(b)
Graduation fees;(c)
Parking or transportation;(d)
Records or transcripts;(e)
Supplies;(f)
Assessments; or(g)
Courses taken prior to approval by the agency.(7)
To participate in educational leave with pay, the employee shall:(a)
Be a regular full-time or part-time 100 hour employee;(b)
Enroll in an area of study with a clear and direct relationship to the work of the agency;(c)
Be formally accepted by the educational institution; and(d)
Be approved for educational leave by the agency.(8)
An agency approving an employee for educational leave with pay shall:(a)
Place the employee on full-time or part-time educational leave at the employee's regular rate of pay; and(b)
Restore the employee to the position the employee formerly held, to a position of like status and pay, or promote the employee to a higher position upon the employee's successful completion of educational leave; or(c)
Cancel the employee's educational leave and restore the employee to the same or like position if the academic standing of the employee falls below the requirement of Section 4(5) of this administrative regulation.(9)
An employee on full-time leave with pay shall be a full-time student as defined by the institution where(10)
After satisfactorily completing the educational leave the employee shall:(a)
Continue employment with the agency:1.
At least one (1) day for each full day of leave used if tuition and other fees are not paid by the agency; or2.
At least one and one-half (1 1/2) days for each full day of leave used if tuition and other fees are paid by the agency; or(b)
If the employee terminates employment with the agency, repay the agency at the rate of 100 percent of the employee's daily pay or an average of the employee's daily pay during leave, multiplied by the number of obligated days remaining; and(c)
Forfeit all leave rights if the employee accepts public or institutional financial assistance other than that provided by the agency, unless the agency has granted prior approval.(11)
An agency directing an employee to be placed on full-time or part-time educational leave shall:(a)
Pay the following:1.
The employee's regular rate of pay;2.
Tuition and routine registration fees;3.
Required textbooks4.
Laboratory and examination fees;5.
Dormitory or housing costs; and6.
Transportation costs to and from the school once per semester;(b)
Restore the employee to the position the employee formerly held, to a position of like status and pay, or promote the employee to a higher position, if qualified, following completion of educational leave; and(c)
Cancel the employee's educational leave and restore the employee to the same or like position if the academic standing of the employee falls below the requirement of Section 4(5) of this administrative regulation.(12)
An employee approved for educational leave without pay shall not incur any service obligation to the agency.(13)
An agency shall maintain an educational leave file on each employee requesting or receiving educational leave.Section 6.
Employment of Relatives.(1)
Except as provided in subsections (3) and (4) of this section, an agency shall not employ an individual that is immediately related to the public health department director or to an immediate supervisor.(2)
An individual immediately related to the public health department director or immediate supervisor shall include:(a)
Spouse;(b)
Parent;(c)
Child;(d)
Brother or sister or the spouse of either of them;(e)
Grandparent;(f)
Grandchild;(g)
Mother(h)
Daughter(3)
If a current employee is in a supervisory relationship with an immediate relative, the employee shall be transferred to another site within the agency with the same job duties, or assigned a different supervisor.(4)
The cabinet may approve the employment of an immediate relative in a case determined to be in the public interest and approved by the board.Section 7.
Agency Facility Ownership.(1)
An agency shall not pay rent to the fiscal court if the facility is owned by the fiscal court and was constructed with state funds, agency funds, or local public health tax appropriations.(2)
The agency shall be permitted to remain in the facility owned by the fiscal court rent free for a minimum of twenty (20) years or for the useful life of the facility, whichever is longer.Section 8.
Capital Construction Requirements.(1)
An agency requesting state capital construction funds from the cabinet for new construction, building expansion, or renovation shall:(a)
Submit a letter of request for the project to the cabinet, and if requested, submit one (1) copy of the plans and specifications for the project to the cabinet for review and approval;(b)
Submit one (1) copy of the plans and specifications, if appropriate, to the Department of Housing, Buildings, and Construction to assure compliance with building and safety codes;(c)
Provide written assurance to the cabinet that the facility will be constructed in accordance with approved plans and specifications;(d)
Provide written assurance to the cabinet that a cost overrun or financial commitment above the state grant will be paid by the agency;(e)
Submit architectural and contractor agreements or contracts to the cabinet for review prior to implementation;(f)
Provide written assurance to the cabinet that the agency will be allowed to use the facility for a minimum of twenty (20) years rent free or for the useful life of the facility, whichever is longer;(g)
Provide written documentation to the cabinet that the board has approved the awarding of the architectural and contractor agreements;(h)
Provide quarterly progress reports to the cabinet on the status of the project;(i)
Submit a closing report upon completion or close-out of the project; and(j)
Maintain a comprehensive construction file for the useful life of the building which includes:1.
Documents and correspondence relative to the project;2.
Written contracts or agreements; and3.
Progress reports, and financial transactions.(2)
An agency's facilities, whether owned or leased by the agency, shall comply with applicable state and local building, fire and safety codes, and ordinances.(3)
Prior to construction or modification of an x-ray room, the plans and specifications for the construction or modification shall be evaluated by a qualified expert. The Radiation Health Branch of the department shall be contacted regarding compliance requirements.Section 9.
Agency Insurance Requirements.(1)
An agency shall maintain current replacement value insurance on:(a)
A building owned by the agency or board; and(b)
On the contents of both owned and leased facilities.(2)
An agency shall maintain:(a)
Public officials' liability insurance for board members;(b)
General liability insurance for agency staff; and(c)
Fiduciary bonding on staff and board members who handle public funds.(3)
Contracted providers shall attest to current liability coverage under the terms of their contract with the agency.(4)
Contractors of capital construction projects shall:(a)
Post bid and performance bonds; and(b)
Carry appropriate liability insurance at levels approved by the board, to cover their contracted responsibilities.Section 10.
Identification of Local Needs.(1)
A local needs assessment that describes the prevailing health status and health needs of the population within the local health department's jurisdiction shall be conducted at least once every five (5) years.(2)
The local needs assessment shall be submitted to the Department for Public Health.(3)
The local needs assessment shall include:(a)
A statement of the health status of the community;(b)
A description of the process used to determine the health status of the community, including stakeholder involvement throughout the local needs assessment;(c)
A summary of the data used to determine the health status of the community, including:1.
Quantitative data;2.
Qualitative data;3.
Community demographic data; and4.
Identification of health inequities; and(d)
An annual evaluation of the progress of evidence-based and promising practice strategies implemented to address the health status of the community.(4)
A community health assessment may be submitted as a local needs assessment provided it meets the requirements of this section.Section 11.
Days and Hours of Operation.(1)
An agency shall post the hours of operation near the main entrance to the agency. The posting shall be plainly visible from the outside.(2)
Except in an emergency situation, an agency shall publicize in advance if the agency is to be closed during regular working hours. The notice shall:(a)
Be prominently displayed at the main entrance to the agency;(b)
Indicate where and how staff may be reached; and(c)
Indicate when offices are expected to reopen.Section 12.
Grievance Policies.(1)
An agency shall establish an internal grievance procedure to assure the timely and equitable resolution of a complaint alleging discrimination, unfair, or inappropriate treatment from(2)
In accordance with 7 C.F.R. 246.8, complaints alleging civil rights discrimination for United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, shall be referred to or filed with the Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; by fax: (833) 256-1665 or (202) 690-7442; or by email: program.intake@usda.gov. Complaints filed in accordance with this subsection shall be filed within 180 days of the alleged incident. Only the Secretary of the USDA or designee can waive this timeline for cause.(3)
For all other complaints from a member of the public, an agency grievance procedure shall:(a)
Protect the rights of the complainant;(b)
Meet due process requirements;(c)
Assure compliance with applicable federal laws and administrative regulations governing equal opportunity;(d)
Designate an employee to coordinate the grievance process; and(e)
Provide for methods of accepting written, verbal, or anonymous complaints.(4)(3)
A complaint shall be filed within sixty (60) days of the alleged incident.(5)(4)
An agency shall conduct an investigation of the complaint to afford interested or affected parties an opportunity to submit evidence or testimony relevant to the complaint.(6)(5)
A written description of the investigation and a description of the resolution shall be issued and a copy forwarded to the complainant and the agency director no later than forty-five (45) calendar days after receipt of the complaint.(7)(6)
An agency shall maintain files and records relating to complaints filed.(8)(7)
The complainant dissatisfied with the resolution may request reconsideration, within thirty (30) calendar days, by the public health department director or the board.(9)(8)
The complaint shall continue through the agency's grievance process even if the complainant is pursuing other state or federal remedies, unless otherwise advised by legal counsel.(10)
Complaints or grievances regarding employment shall be filed according to the agency's personnel policies.STEVEN J. STACK, MD, MBA, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 17, 2022
FILED WITH LRC: August 29, 2022 at 8:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, 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 November 17, 2022, 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 November 30, 2022. 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 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles or Julie Brooks
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes minimum administrative and operational requirements for Kentucky's local health departments.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to ensure the local health departments operate in a consistent manner across the state.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 194A.050 authorizes the secretary to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 211.170 authorizes the cabinet to establish policies governing the activities and practices of local health departments, supervise their financial, personnel, program, administrative and other functions, and establish standards of operation in accordance with KRS 212.120.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure local health departments have consistent operational procedures across the state and operate in compliance with the applicable state and federal laws and regulations.
(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:
The amendment to this administrative regulation clarifies the complaint process that the local health department is to provide to the recipient of United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, when they believe their civil rights have been violated and clarifies that grievances related to employment are to be filed in accordance with the agency’s personnel procedures.
(b) The necessity of the amendment to this administrative regulation:
A recent audit of the WIC program identified the complaint process in this administrative regulation to be out of compliance with the requirements of the USDA Civil Rights Division. The amendment to this administrative regulation is necessary to bring the complaint process for recipients of USDA funded programs into compliance with the applicable code of federal regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
7 C.F.R. 246.8(b) requires that all complaints received by state or local agencies which allege discrimination based on race, color, national origin, sex, or age shall be referred to the Secretary of Agriculture or Director, Office of Equal Opportunity. Additionally, complaints alleging retaliation or reprisal for engaging in a protected civil rights activity are referred to the USDA for processing. The amendment to this administrative regulation updates the grievance policies to conform to the code of federal regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation will ensure local health departments have operational procedures in place to refer complainants to the correct agency for investigation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The amendment to this administrative regulation will impact local health departments, the Nutrition Services Branch in the Department for Public Health, and recipients of USDA funded WIC programs.
(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:
Local health departments will need to update grievance policies to ensure the correct complaint information is provided to recipients of USDA funded WIC programs who believe their civil rights have been violated. Local health department staff and state WIC staff will need to be aware of the referral process when a complaint alleging a civil rights violation is received from a recipient of a USDA funded WIC program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Local health departments may incur minimal cost associated with updating any resource materials provided to UDSA funded WIC program recipients. There will be no costs to recipients of WIC services.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Local health departments and the state WIC program will be in full compliance with the requirements of 7 C.F.R. 246.8. Recipients of WIC benefits will be assured due process when filing a complaint regarding a violation of their civil rights.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This is an ongoing program, there are no initial cost to implement the amendment to this administrative regulation.
(b) On a continuing basis:
There are no anticipated costs to the cabinet to implement this amended administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The WIC program is funded by a grant from the USDA. The Department for Public Health is funded through a mix of state and federal dollars. Local health departments are funded through a mix of state dollars and local funding source dollars.
(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 necessary to implement the amendment to this administrative regulation.
(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 applied.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation impacts local health departments, the Nutrition Services Branch in the Division of Maternal and Child Health that operates the WIC program, and the Division of Administration and Financial Management that oversees the operations of local health departments.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 211.170, and 211.180.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
This is an ongoing program, there are no initial cost.
(d) How much will it cost to administer this program for subsequent years?
This is an ongoing program, there will be no additional cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation does not generate cost savings.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will have minimal costs the regulated entities in the first year. Some local health departments may have a costs associated with printing updated materials to reflect the change in the complaint process for WIC recipients.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not result in increased costs for the regulated entities in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 C.F.R. 246.8
(2) State compliance standards.
KRS 194A.050 authorizes the secretary to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs.
(3) Minimum or uniform standards contained in the federal mandate.
7 C.F.R. 246.8(a) requires the state agency to comply with the requirements of title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture regulations on nondiscrimination (7 C.F.R. parts 15, 15a, and 15b), and Food and Nutrition Service instructions to ensure that no person shall, on the grounds of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the program. 7 C.F.R. 246.8(b) requires that all complaints received by state or local agencies which allege discrimination based on race, color, national origin, or age shall be referred to the Secretary of Agriculture or Director, Office of Equal Opportunity.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No, this administrative regulation does not impose stricter requirements, or additional or different responsibilities or requirements.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Not applicable.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Division of Administration and Financial Management
(Amendment)
902 KAR 8:160.Local health department operations requirements.
Section 1.
Definitions.(1)
"Agency" is defined by KRS 211.1751(1).(2)
"Animal control officer" is defined by KRS 258.005(7).(3)
"Board" means the statutorily mandated governing body for local health departments in Kentucky.(4)
"Public health department director" means the administrative officer of the agency.Section 2.
Policies and Procedures. Internal policies and procedures for operations established by an agency shall comply with procedures and policies developed by the cabinet, in accordance with KRS 211.170(1), (2), (3), (4), and (6).Section 3.
Conflict of Interests.(1)
An agency employee shall avoid situations that are or appear to be a conflict of interest.(2)
An agency employee shall not:(a)
Sell, recommend, or promote a specific brand of product or equipment that is subject to inspection or evaluation by an agency or its employees;(b)
Recommend or express to the public a preference for health-related professional services or products of an individual or firm;(c)
Be engaged in a business or have financial interests that affect the employee's professional relationship with the agency or cabinet or impair the effectiveness of the employee;(d)
Enter into a contract with or hold an additional full-time or part-time position in another agency unless approved by the cabinet in writing;(e)
Be an owner or part owner of a business that contracts with or is regulated by the agency without prior review by the cabinet; or(f)
Accept appointment or be employed as an animal control officer.(3)
An agency employee shall not conduct the following services for the employee, the employee's spouse, parent, child, brother or sister or the spouse of either of them, grandparent, grandchild, mother or father-in-law, daughter or son-in-law:(a)
Determine eligibility for an agency service;(b)
Issue women, infants, and children food instruments or prescribe food packages; or(c)
Conduct an inspection or monitor compliance with the agency's medical or environmental standards and administrative regulations.(4)
An employee or former employee shall not receive severance pay in cash, benefits, goods, or services.Section 4.
Employee Tuition Assistance.(1)
A public health department director may approve a tuition assistance agreement to specify the terms and conditions for a regular full-time or part-time 100 hour employee to attend a course of study provided by a college or university, correspondence school, vocational school, or other training institution, if the coursework is related to:(a)
The work of the agency; and(b)
The employee's current position; or(c)
An agency position to which the employee can reasonably aspire.(2)
The public health department director may approve tuition assistance from the agency budget for a nonrelated course if:(a)
The course is a requirement for a degree or certification program; and(b)
The degree is determined to be necessary to the function and purpose of the agency.(3)
The board may approve a tuition assistance request to be used by a public health department director for the director's course of study.(4)
Restricted funds used for payment of tuition assistance shall receive prior written approval from the funding authority.(5)
An employee approved to receive tuition assistance shall repay to the agency the tuition paid on the employee's behalf if the employee:(a)
Fails to provide the agency, or board, evidence of satisfactory completion of the training within thirty (30) working days after scheduled completion; or(b)
Receives a grade of:1.
Less than "C" in an undergraduate course;2.
Less than "B" in a graduate course;3.
"F" in a pass/fail course;4.
"U" in a satisfactory/unsatisfactory course;5.
"I" for incomplete; or6.
Fails to complete the training, regardless of cause, without prior approval of the public health department director or board.(6)
The employee shall maintain paid full-time or part-time 100 hour work status for the agency while taking courses.(7)
An employee shall continue employment with the agency for a period of at least one (1) month for each semester hour or equivalent of tuition paid by the agency, after completion of all courses, unless directed by the agency to undertake the course work.(8)
The employee shall repay the agency for educational assistance funds expended on the employee's behalf if the employee resigns, retires, or is dismissed for cause prior to completion of the continued employment provisions of subsection (7) of this section.(9)
The repayment shall be:(a)
Prorated according to the portion of the continued employment provisions of subsection (7) of this section the employee has fulfilled; and(b)
Repaid within six (6) months following resignation, retirement, or dismissal.(10)
The employee may use accumulated annual leave or compensatory time as necessary to attend classes if requested by the employee.(11)
The maximum allowable course hours an employee may take in a semester shall be determined by the public health department director as provided in their internal control manual.(12)
If approved, tuition assistance shall be granted for:(a)
Tuition and routine registration fees;(b)
Laboratory and examination fees; and(c)
Required textbooks.(13)
Tuition assistance shall not be granted for:(a)
Late registration;(b)
Graduation fees;(c)
Parking or transportation;(d)
Records or transcripts;(e)
Supplies;(f)
Assessments; or(g)
Courses taken prior to approval by the agency.(14)
Tuition and fees shall be paid directly to the college or training institution or reimbursed to the employee.(15)
An agency shall maintain records, subject to audit, to ensure the proper administration of the employee tuition assistance program.Section 5.
Educational Leave Program.(1)
The public health department director may approve educational leave for a regular full-time or part-time 100 hour employee.(2)
Educational leave may be approved on a full-time or part-time basis with or without pay as determined by the public health department director.(3)
Educational leave shall be for the purpose of coursework or training related to the current or future duties and responsibilities of the employee.(4)
Payment for educational leave shall come from the agency budget.(5)
Restricted funds used for payment of educational leave shall receive prior written approval from the funding authority.(6)
Educational leave payment shall not be granted for:(a)
Late registration fees;(b)
Graduation fees;(c)
Parking or transportation;(d)
Records or transcripts;(e)
Supplies;(f)
Assessments; or(g)
Courses taken prior to approval by the agency.(7)
To participate in educational leave with pay, the employee shall:(a)
Be a regular full-time or part-time 100 hour employee;(b)
Enroll in an area of study with a clear and direct relationship to the work of the agency;(c)
Be formally accepted by the educational institution; and(d)
Be approved for educational leave by the agency.(8)
An agency approving an employee for educational leave with pay shall:(a)
Place the employee on full-time or part-time educational leave at the employee's regular rate of pay; and(b)
Restore the employee to the position the employee formerly held, to a position of like status and pay, or promote the employee to a higher position upon the employee's successful completion of educational leave; or(c)
Cancel the employee's educational leave and restore the employee to the same or like position if the academic standing of the employee falls below the requirement of Section 4(5) of this administrative regulation.(9)
An employee on full-time leave with pay shall be a full-time student as defined by the institution where the employee is enrolled.(10)
After satisfactorily completing the educational leave the employee shall:(a)
Continue employment with the agency:1.
At least one (1) day for each full day of leave used if tuition and other fees are not paid by the agency; or2.
At least one and one-half (1 1/2) days for each full day of leave used if tuition and other fees are paid by the agency; or(b)
If the employee terminates employment with the agency, repay the agency at the rate of 100 percent of the employee's daily pay or an average of the employee's daily pay during leave, multiplied by the number of obligated days remaining; and(c)
Forfeit all leave rights if the employee accepts public or institutional financial assistance other than that provided by the agency, unless the agency has granted prior approval.(11)
An agency directing an employee to be placed on full-time or part-time educational leave shall:(a)
Pay the following:1.
The employee's regular rate of pay;2.
Tuition and routine registration fees;3.
Required textbooks;4.
Laboratory and examination fees;5.
Dormitory or housing costs; and6.
Transportation costs to and from the school once per semester;(b)
Restore the employee to the position the employee formerly held, to a position of like status and pay, or promote the employee to a higher position, if qualified, following completion of educational leave; and(c)
Cancel the employee's educational leave and restore the employee to the same or like position if the academic standing of the employee falls below the requirement of Section 4(5) of this administrative regulation.(12)
An employee approved for educational leave without pay shall not incur any service obligation to the agency.(13)
An agency shall maintain an educational leave file on each employee requesting or receiving educational leave.Section 6.
Employment of Relatives.(1)
Except as provided in subsections (3) and (4) of this section, an agency shall not employ an individual that is immediately related to the public health department director or to an immediate supervisor.(2)
An individual immediately related to the public health department director or immediate supervisor shall include:(a)
Spouse;(b)
Parent;(c)
Child;(d)
Brother or sister or the spouse of either of them;(e)
Grandparent;(f)
Grandchild;(g)
Mother or father-in-law; or(h)
Daughter or son-in-law.(3)
If a current employee is in a supervisory relationship with an immediate relative, the employee shall be transferred to another site within the agency with the same job duties, or assigned a different supervisor.(4)
The cabinet may approve the employment of an immediate relative in a case determined to be in the public interest and approved by the board.Section 7.
Agency Facility Ownership.(1)
An agency shall not pay rent to the fiscal court if the facility is owned by the fiscal court and was constructed with state funds, agency funds, or local public health tax appropriations.(2)
The agency shall be permitted to remain in the facility owned by the fiscal court rent free for a minimum of twenty (20) years or for the useful life of the facility, whichever is longer.Section 8.
Capital Construction Requirements.(1)
An agency requesting state capital construction funds from the cabinet for new construction, building expansion, or renovation shall:(a)
Submit a letter of request for the project to the cabinet, and if requested, submit one (1) copy of the plans and specifications for the project to the cabinet for review and approval;(b)
Submit one (1) copy of the plans and specifications, if appropriate, to the Department of Housing, Buildings, and Construction to assure compliance with building and safety codes;(c)
Provide written assurance to the cabinet that the facility will be constructed in accordance with approved plans and specifications;(d)
Provide written assurance to the cabinet that a cost overrun or financial commitment above the state grant will be paid by the agency;(e)
Submit architectural and contractor agreements or contracts to the cabinet for review prior to implementation;(f)
Provide written assurance to the cabinet that the agency will be allowed to use the facility for a minimum of twenty (20) years rent free or for the useful life of the facility, whichever is longer;(g)
Provide written documentation to the cabinet that the board has approved the awarding of the architectural and contractor agreements;(h)
Provide quarterly progress reports to the cabinet on the status of the project;(i)
Submit a closing report upon completion or close-out of the project; and(j)
Maintain a comprehensive construction file for the useful life of the building which includes:1.
Documents and correspondence relative to the project;2.
Written contracts or agreements; and3.
Progress reports, and financial transactions.(2)
An agency's facilities, whether owned or leased by the agency, shall comply with applicable state and local building, fire and safety codes, and ordinances.(3)
Prior to construction or modification of an x-ray room, the plans and specifications for the construction or modification shall be evaluated by a qualified expert. The Radiation Health Branch of the department shall be contacted regarding compliance requirements.Section 9.
Agency Insurance Requirements.(1)
An agency shall maintain current replacement value insurance on:(a)
A building owned by the agency or board; and(b)
On the contents of both owned and leased facilities.(2)
An agency shall maintain:(a)
Public officials' liability insurance for board members;(b)
General liability insurance for agency staff; and(c)
Fiduciary bonding on staff and board members who handle public funds.(3)
Contracted providers shall attest to current liability coverage under the terms of their contract with the agency.(4)
Contractors of capital construction projects shall:(a)
Post bid and performance bonds; and(b)
Carry appropriate liability insurance at levels approved by the board, to cover their contracted responsibilities.Section 10.
Identification of Local Needs.(1)
A local needs assessment that describes the prevailing health status and health needs of the population within the local health department's jurisdiction shall be conducted at least once every five (5) years.(2)
The local needs assessment shall be submitted to the Department for Public Health.(3)
The local needs assessment shall include:(a)
A statement of the health status of the community;(b)
A description of the process used to determine the health status of the community, including stakeholder involvement throughout the local needs assessment;(c)
A summary of the data used to determine the health status of the community, including:1.
Quantitative data;2.
Qualitative data;3.
Community demographic data; and4.
Identification of health inequities; and(d)
An annual evaluation of the progress of evidence-based and promising practice strategies implemented to address the health status of the community.(4)
A community health assessment may be submitted as a local needs assessment provided it meets the requirements of this section.Section 11.
Days and Hours of Operation.(1)
An agency shall post the hours of operation near the main entrance to the agency. The posting shall be plainly visible from the outside.(2)
Except in an emergency situation, an agency shall publicize in advance if the agency is to be closed during regular working hours. The notice shall:(a)
Be prominently displayed at the main entrance to the agency;(b)
Indicate where and how staff may be reached; and(c)
Indicate when offices are expected to reopen.Section 12.
Grievance Policies.(1)
An agency shall establish an internal grievance procedure to assure the timely and equitable resolution of a complaint alleging discrimination, unfair, or inappropriate treatment from a member of the public.(2)
In accordance with 7 C.F.R. 246.8, complaints alleging civil rights discrimination for United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, shall be referred to or filed with the Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; by fax: (833) 256-1665 or (202) 690-7442; or by email: program.intake@usda.gov. Complaints filed in accordance with this subsection shall be filed within 180 days of the alleged incident. Only the Secretary of the USDA or designee can waive this timeline for cause.(3)
For all other complaints from a member of the public, an agency grievance procedure shall:(a)
Protect the rights of the complainant;(b)
Meet due process requirements;(c)
Assure compliance with applicable federal laws and administrative regulations governing equal opportunity;(d)
Designate an employee to coordinate the grievance process; and(e)
Provide for methods of accepting written, verbal, or anonymous complaints.(4)
A complaint shall be filed within sixty (60) days of the alleged incident.(5)
An agency shall conduct an investigation of the complaint to afford interested or affected parties an opportunity to submit evidence or testimony relevant to the complaint.(6)
A written description of the investigation and a description of the resolution shall be issued and a copy forwarded to the complainant and the agency director no later than forty-five (45) calendar days after receipt of the complaint.(7)
An agency shall maintain files and records relating to complaints filed.(8)
The complainant dissatisfied with the resolution may request reconsideration, within thirty (30) calendar days, by the public health department director or the board.(9)
The complaint shall continue through the agency's grievance process even if the complainant is pursuing other state or federal remedies, unless otherwise advised by legal counsel.(10)
Complaints or grievances regarding employment shall be filed according to the agency's personnel policies.STEVEN J. STACK, MD, MBA, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: August 17, 2022
FILED WITH LRC: August 29, 2022 at 8:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on November 28, 2022, 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 November 17, 2022, 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 November 30, 2022. 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 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles or Julie Brooks
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes minimum administrative and operational requirements for Kentucky's local health departments.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to ensure the local health departments operate in a consistent manner across the state.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 194A.050 authorizes the secretary to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 211.170 authorizes the cabinet to establish policies governing the activities and practices of local health departments, supervise their financial, personnel, program, administrative and other functions, and establish standards of operation in accordance with KRS 212.120.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will ensure local health departments have consistent operational procedures across the state and operate in compliance with the applicable state and federal laws and regulations.
(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:
The amendment to this administrative regulation clarifies the complaint process that the local health department is to provide to the recipient of United States Department of Agriculture (USDA) funded programs, such as the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), WIC Farmers Market Nutrition Program, and WIC Breastfeeding Peer Program, when they believe their civil rights have been violated and clarifies that grievances related to employment are to be filed in accordance with the agency’s personnel procedures.
(b) The necessity of the amendment to this administrative regulation:
A recent audit of the WIC program identified the complaint process in this administrative regulation to be out of compliance with the requirements of the USDA Civil Rights Division. The amendment to this administrative regulation is necessary to bring the complaint process for recipients of USDA funded programs into compliance with the applicable code of federal regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
7 C.F.R. 246.8(b) requires that all complaints received by state or local agencies which allege discrimination based on race, color, national origin, sex, or age shall be referred to the Secretary of Agriculture or Director, Office of Equal Opportunity. Additionally, complaints alleging retaliation or reprisal for engaging in a protected civil rights activity are referred to the USDA for processing. The amendment to this administrative regulation updates the grievance policies to conform to the code of federal regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment to this administrative regulation will ensure local health departments have operational procedures in place to refer complainants to the correct agency for investigation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The amendment to this administrative regulation will impact local health departments, the Nutrition Services Branch in the Department for Public Health, and recipients of USDA funded WIC programs.
(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:
Local health departments will need to update grievance policies to ensure the correct complaint information is provided to recipients of USDA funded WIC programs who believe their civil rights have been violated. Local health department staff and state WIC staff will need to be aware of the referral process when a complaint alleging a civil rights violation is received from a recipient of a USDA funded WIC program.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Local health departments may incur minimal cost associated with updating any resource materials provided to UDSA funded WIC program recipients. There will be no costs to recipients of WIC services.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Local health departments and the state WIC program will be in full compliance with the requirements of 7 C.F.R. 246.8. Recipients of WIC benefits will be assured due process when filing a complaint regarding a violation of their civil rights.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This is an ongoing program, there are no initial cost to implement the amendment to this administrative regulation.
(b) On a continuing basis:
There are no anticipated costs to the cabinet to implement this amended administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The WIC program is funded by a grant from the USDA. The Department for Public Health is funded through a mix of state and federal dollars. Local health departments are funded through a mix of state dollars and local funding source dollars.
(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 necessary to implement the amendment to this administrative regulation.
(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 applied.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation impacts local health departments, the Nutrition Services Branch in the Division of Maternal and Child Health that operates the WIC program, and the Division of Administration and Financial Management that oversees the operations of local health departments.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 211.170, and 211.180.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation does not generate revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation does not generate revenue.
(c) How much will it cost to administer this program for the first year?
This is an ongoing program, there are no initial cost.
(d) How much will it cost to administer this program for subsequent years?
This is an ongoing program, there will be no additional cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation does not generate cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation does not generate cost savings.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will have minimal costs the regulated entities in the first year. Some local health departments may have a costs associated with printing updated materials to reflect the change in the complaint process for WIC recipients.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not result in increased costs for the regulated entities in subsequent years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation does not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 C.F.R. 246.8
(2) State compliance standards.
KRS 194A.050 authorizes the secretary to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs.
(3) Minimum or uniform standards contained in the federal mandate.
7 C.F.R. 246.8(a) requires the state agency to comply with the requirements of title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Department of Agriculture regulations on nondiscrimination (7 C.F.R. parts 15, 15a, and 15b), and Food and Nutrition Service instructions to ensure that no person shall, on the grounds of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the program. 7 C.F.R. 246.8(b) requires that all complaints received by state or local agencies which allege discrimination based on race, color, national origin, or age shall be referred to the Secretary of Agriculture or Director, Office of Equal Opportunity.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No, this administrative regulation does not impose stricter requirements, or additional or different responsibilities or requirements.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
Not applicable.