Title 902 | Chapter 020 | Regulation 500
902 KAR 20:500.Medical reserve corps.
Section 1.
Definitions.(1)
"Declared emergency" is defined by KRS 39A.020(7).(2)
"Department" means the Department for Public Health.(3)
"Emergency" is defined by KRS 39A.020(12).(4)
"Health services" is defined by KRS 39A.350(7).(5)
"Medical reserve corps" means the formally established network of volunteers, including volunteer health practitioners who are licensed to practice in Kentucky, registered with the department to provide emergency response services as directed by the department.(6)
"Voluntary health practitioner" is defined by KRS 39A.350(11).Section 2.
Applicability. The provisions of this administrative regulation shall only be applicable to volunteers who are active in the Health Emergency Listing of Professionals for Surge (K HELPS) system and who provide state-sanctioned emergency response, health, or veterinary services as directed by the department.Section 3.
Medical Reserve Corps Volunteer Registration.(1)
All medical reserve corps volunteers shall:(a)
Register with the department through K HELPS at https://www.chfs.ky.gov/agencies/dph/dphps/phpb/Pages/khelps.aspx; and(b)
Have a criminal background check completed.(2)
Individuals seeking to register as a voluntary health practitioner shall:(a)
Submit proof of current licensure; and(b)
Be in good standing with the applicable licensure board.(3)
A voluntary health practitioner shall adhere to the scope of practice from the applicable licensure board.(4)
A non-medical volunteer shall not perform tasks outside their existing skill level or experience.(5)
A volunteer active within the K HELPS system who, in good faith and in the performance of his or her duties, acts in compliance with KRS 39A.350 to 39A.366 shall not be liable in damages to any person or government entity in tort or other civil action, including an action upon a medical, dental, chiropractic, optometric, or other health-related claim or veterinary claim, for injury, death, or loss to person or property that may arise from an act or omission of that volunteer unless such act or omission was the result of gross negligence or willful misconduct.Section 4.
Workers' Compensation Coverage for Medical Reserve Corps Volunteers.(1)
In accordance with KRS 342.640(3), a volunteer who is active in the K HELPS system, an active member of the medical reserve corps, and in good standing with the department shall be considered an employee of the state for purposes of any medical workers' compensation benefits concerning any injury incurred while traveling to and from or providing emergency response or health services as directed by the department.(2)
A volunteer who is active in the K HELPS system, an active member of the medical reserve corps, and in good standing with the department shall be eligible for coverage under the department's worker's compensation coverage while providing emergency response services or health services in response to an emergency, declared emergency, or in disaster-related exercises, testing, or other training activities as directed by the department.(3)
Workers' compensation benefits for volunteers shall be limited to those medical benefits provided to state employees.HISTORY: (50 Ky.R. 280; eff. 10-25-2023.)
STEVEN J. STACK, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: May 18, 2023
FILED WITH LRC: June 7, 2023 at 2:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on August 21, 2023, 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 August 14, 2023, 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 August 31, 2023. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This new administrative regulation establishes a volunteer’s eligibility for worker’s compensation coverage during an emergency or declared emergency response.
(b) The necessity of this administrative regulation:
This new administrative regulation is necessary to ensure volunteers, both health practitioners and non-medical volunteers, have adequate workers compensation coverage during emergency response activities as directed by the department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 39A.362 authorizes the Cabinet for Health and Family Services to promulgate an administrative regulation to implement KRS 39A.350 to 39A.366.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This new administrative regulation will help with the recruitment and retention of volunteers. Volunteers are a vital component of any emergency or declared emergency response.
(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 new administrative regulation will impact local health departments that have a Medical Reserve Corps unit. According to a national database there are twenty-nine (29) registered Medical Reserve Corps offices statewide in Kentucky with 1,014 registered volunteers.
(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 be aware of the workers’ compensation insurance coverage for volunteers and ensure the proper filing of any required documentation related to any covered incident or accident. Individuals who want to become a part of the Medical Reserve Corps will need to be aware of the registration requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
At this time, there will be no costs to local health departments or the volunteers.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Volunteer health practitioners will be covered under the department’s workers’ compensation insurance. This will assist with the recruitment and retention of volunteers who are able to respond when there is a declared emergency. This will strengthen the department’s ability to respond in an emergency.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
It is estimated that providing workers compensation insurance coverage for volunteers will cost $40,560 in the first year.
(b) On a continuing basis:
Continued coverage will be approximately $40,560 in subsequent years.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding to implement this administrative regulation is federal funds received for the Medical Reserve Corps program.
(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 new 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 new administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering is not applied as the requirements of this administrative regulation are applied equally to all effected entities.
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 the Division of Public Health Protection and Safety in the Department for Public Health and local health departments who have a Medical Reserve Corps program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.362 and 194A.050(1).
(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?
It is estimated to cost $40,560 in the first year. The cost to provide workers’ compensation insurance coverage is forty (40) dollars per volunteer. Currently, there are 1,014 registered volunteers ($40X1,014=$40,560).
(d) How much will it cost to administer this program for subsequent years?
Ongoing cost will be $40,560 per year. This cost could increase if additional volunteers register with the department. Ongoing cost will be $40,560 per year. This cost could increase if additional volunteers register with the department.
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 any 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 any cost savings.
(c) How much will it cost the regulated entities for the first year?
There will be no costs to the regulated entities in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no costs to 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.
902 KAR 20:500.Medical reserve corps.
Section 1.
Definitions.(1)
"Declared emergency" is defined by KRS 39A.020(7).(2)
"Department" means the Department for Public Health.(3)
"Emergency" is defined by KRS 39A.020(12).(4)
"Health services" is defined by KRS 39A.350(7).(5)
"Medical reserve corps" means the formally established network of volunteers, including volunteer health practitioners who are licensed to practice in Kentucky, registered with the department to provide emergency response services as directed by the department.(6)
"Voluntary health practitioner" is defined by KRS 39A.350(11).Section 2.
Applicability. The provisions of this administrative regulation shall only be applicable to volunteers who are active in the Health Emergency Listing of Professionals for Surge (K HELPS) system and who provide state-sanctioned emergency response, health, or veterinary services as directed by the department.Section 3.
Medical Reserve Corps Volunteer Registration.(1)
All medical reserve corps volunteers shall:(a)
Register with the department through K HELPS at https://www.chfs.ky.gov/agencies/dph/dphps/phpb/Pages/khelps.aspx; and(b)
Have a criminal background check completed.(2)
Individuals seeking to register as a voluntary health practitioner shall:(a)
Submit proof of current licensure; and(b)
Be in good standing with the applicable licensure board.(3)
A voluntary health practitioner shall adhere to the scope of practice from the applicable licensure board.(4)
A non-medical volunteer shall not perform tasks outside their existing skill level or experience.(5)
A volunteer active within the K HELPS system who, in good faith and in the performance of his or her duties, acts in compliance with KRS 39A.350 to 39A.366 shall not be liable in damages to any person or government entity in tort or other civil action, including an action upon a medical, dental, chiropractic, optometric, or other health-related claim or veterinary claim, for injury, death, or loss to person or property that may arise from an act or omission of that volunteer unless such act or omission was the result of gross negligence or willful misconduct.Section 4.
Workers' Compensation Coverage for Medical Reserve Corps Volunteers.(1)
In accordance with KRS 342.640(3), a volunteer who is active in the K HELPS system, an active member of the medical reserve corps, and in good standing with the department shall be considered an employee of the state for purposes of any medical workers' compensation benefits concerning any injury incurred while traveling to and from or providing emergency response or health services as directed by the department.(2)
A volunteer who is active in the K HELPS system, an active member of the medical reserve corps, and in good standing with the department shall be eligible for coverage under the department's worker's compensation coverage while providing emergency response services or health services in response to an emergency, declared emergency, or in disaster-related exercises, testing, or other training activities as directed by the department.(3)
Workers' compensation benefits for volunteers shall be limited to those medical benefits provided to state employees.HISTORY: (50 Ky.R. 280; eff. 10-25-2023.)
STEVEN J. STACK, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: May 18, 2023
FILED WITH LRC: June 7, 2023 at 2:35 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on August 21, 2023, 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 August 14, 2023, 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 August 31, 2023. 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
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This new administrative regulation establishes a volunteer’s eligibility for worker’s compensation coverage during an emergency or declared emergency response.
(b) The necessity of this administrative regulation:
This new administrative regulation is necessary to ensure volunteers, both health practitioners and non-medical volunteers, have adequate workers compensation coverage during emergency response activities as directed by the department.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 39A.362 authorizes the Cabinet for Health and Family Services to promulgate an administrative regulation to implement KRS 39A.350 to 39A.366.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This new administrative regulation will help with the recruitment and retention of volunteers. Volunteers are a vital component of any emergency or declared emergency response.
(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 new administrative regulation will impact local health departments that have a Medical Reserve Corps unit. According to a national database there are twenty-nine (29) registered Medical Reserve Corps offices statewide in Kentucky with 1,014 registered volunteers.
(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 be aware of the workers’ compensation insurance coverage for volunteers and ensure the proper filing of any required documentation related to any covered incident or accident. Individuals who want to become a part of the Medical Reserve Corps will need to be aware of the registration requirements.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
At this time, there will be no costs to local health departments or the volunteers.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Volunteer health practitioners will be covered under the department’s workers’ compensation insurance. This will assist with the recruitment and retention of volunteers who are able to respond when there is a declared emergency. This will strengthen the department’s ability to respond in an emergency.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
It is estimated that providing workers compensation insurance coverage for volunteers will cost $40,560 in the first year.
(b) On a continuing basis:
Continued coverage will be approximately $40,560 in subsequent years.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of funding to implement this administrative regulation is federal funds received for the Medical Reserve Corps program.
(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 new 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 new administrative regulation.
(9) TIERING: Is tiering applied?
No. Tiering is not applied as the requirements of this administrative regulation are applied equally to all effected entities.
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 the Division of Public Health Protection and Safety in the Department for Public Health and local health departments who have a Medical Reserve Corps program.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 39A.362 and 194A.050(1).
(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?
It is estimated to cost $40,560 in the first year. The cost to provide workers’ compensation insurance coverage is forty (40) dollars per volunteer. Currently, there are 1,014 registered volunteers ($40X1,014=$40,560).
(d) How much will it cost to administer this program for subsequent years?
Ongoing cost will be $40,560 per year. This cost could increase if additional volunteers register with the department. Ongoing cost will be $40,560 per year. This cost could increase if additional volunteers register with the department.
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 any 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 any cost savings.
(c) How much will it cost the regulated entities for the first year?
There will be no costs to the regulated entities in the first year.
(d) How much will it cost the regulated entities for subsequent years?
There will be no costs to 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.