Title 908 | Chapter 006 | Regulation 005REG


PROPOSED
This document is not yet current.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Behavioral Health, Developmental and Intellectual Disabilities
Office of Autism
(New Administrative Regulation)

908 KAR 6:005.Kentucky Advisory Council on Autism Spectrum Disorders research and services grant program.

Section 1.

Definitions.

(1)

"Applicant" means a non-profit entity, academic medical center, or government agency that:

(a)

Offers research funding and services for autistic individuals in Kentucky; and

(b)

Is applying for a grant pursuant to this administrative regulation.

(2)

"Autism services" means "treatment for autism spectrum disorders" as defined by KRS 304.17A-142(1)(e).

(3)

"Council" means the Kentucky Advisory Council on Autism Spectrum Disorders.

(4)

"Funding" means a financial award provided by a grant from the autism spectrum disorder trust fund created by KRS 194A.625 that includes awards for:

(a)

Autism service programs; or

(b)

Autism research meant to improve early screening, diagnosis, and interventions, or to enhance quality of life for autistic individuals.

Section 2.

Application Process.

(1)

An applicant may apply or reapply each year for grant funding.

(2)

To apply for grant funding, an applicant shall submit to the council in writing:

(a)

A completed Autism Research and Services Trust Fund Grant Application with the required supporting documentation, via electronic mail, to KYACAgrantprogram@ky.gov, with a sent time stamp on or before the date specified in the applicable grant notice;

(b)

A project description that includes:

1.

The need for the funding;

2.

How the funding will positively impact the prioritized list of programs and research projects established in the most current plan required by KRS 194A.624(8)(b);

3.

The goals and objectives, including how many people are impacted and in what geographic area;

4.

The anticipated outcomes directly related to the impact of the program or research project;

5.

An implementation plan describing how the goals and objectives will be met;

6.

A timeline for implementation of the proposed program or research project;

7.

A description of the research methodology, if applicable, that includes the:

a.

Study design;

b.

Data collection methods and procedures;

c.

Data sources; and

d.

Data analysis plan; and

8.

Intent to provide a semi-annual progress report and a year-end progress report documenting progress toward meeting the grant objectives; and

(c)

The following financial information:

1.

A detailed budget of requested funds; and

2.

A description of any other sources of funds for the research including in-kind participation.

(3)

An application not submitted in accordance with this section or an incomplete application shall not be considered for funding.

Section 3.

Grant oversight duties of the council.

(1)

The council shall:

(a)

Hold meetings and conduct business pursuant to KRS 194A.624;

(b)

Advertise a grant funding opportunity, when available, on the Cabinet for Health and Family Services Web site including:

1.

A required postmark or timestamp date for submission of an application;

2.

The mailing address or email address for submission of the completed application as specified in Section 2(2)(a) of this administrative regulation; and

3.

An anticipated grant award date;

(c)

Review and score applications based on the following criteria:

1.

Relevancy to the mission of the autism spectrum disorder trust fund;

2.

Offer of research funding or services to benefit individuals with autism;

3.

The quality of the research methodology;

4.

How the proposal addresses the priorities established in the plan required by KRS 194A.624(8)(b); and

(d)

To the extent funds are available:

1.

Award an autism spectrum disorder trust fund grant to a selected applicant; and

2.

Notify the applicant of the award decision, including details of denial or approval:

a.

Within ninety (90) calendar days after application deadline;

b.

In writing:

(i)

Via email; or

(ii)

By certified mail.

(2)

The council's decision for award selection shall be final.

(3)

If a research grant is awarded, the grant shall be contingent upon a grant recipient's appropriate Institutional Review Board approval if applicable.

(4)

The council may allocate funds, received in the autism spectrum disorder trust fund, for the Department for Behavioral Health, Developmental and Intellectual Disabilities to employ staff to:

(a)

Administer and oversee the grant program; or

(b)

Coordinate the preparation and submission of the annual report, required pursuant to KRS 194A.624(8).

Section 4.

Grant Objectives Reporting.

(1)

A grant recipient shall provide semi-annual and year-end progress reports to the council, via electronic mail to kyacagrantprogram@ky.gov.

(2)

The report shall include, specifically related to the approved grant funding project or research, details on progress toward:

(a)

Impact and outcomes;

(b)

Implementation, goals, and objectives;

(c)

Meeting proposed timelines;

(d)

Maintaining the project or research budget; and

(e)

Any other pertinent information that demonstrates the effectiveness or progress of the program or research.

(3)

A grant recipient that is not making progress toward meeting grant objectives, as determined by review and analysis of the semi-annual and year-end progress reports submitted to the council, shall be notified in writing that objectives are not being met, within thirty (30) days of this determination.

(4)

The grant recipient:

(a)

Shall submit to the council, within thirty (30) calendar days of the notice:

1.

A corrective action plan addressing the objectives that are not being met; and

2.

The timeframe for achieving the objectives; and

(b)

May be subject to fines or payment penalties, as delineated in the grant agreement, or other penalties that are allowed by law, if the corrective action plan is not implemented as submitted.

(5)

The council shall approve corrective action plans that:

(a)

Address all noted objectives that are not being met; and

(b)

Include a specific plan of action, and timeframe to maintain the overall project or research objective and timeline.

Section 5.

Incorporation by Reference.

(1)

Form "Autism Research and Services Trust Fund Grant Application", 10/2026, is incorporated by reference.

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Behavioral Health, Developmental and Intellectual Disabilities, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. Eastern Time/ 7a.m. through 3:30p.m. Central Time. This material may also be viewed on the department's web site at https://dbhdid.ky.gov/dpi. 908 KAR 6:005

KATHERINE R. MARKS, Ph.D., Commissioner
STEVEN J. STACK, MD, MBA, Secretary
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: October 14, 2026 at 2:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 21, 2026, at 9:00 a.m., Eastern Time/ 8:00 a.m. Central Time, 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 14, 2026, 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 through December 31, 2026. 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:
Sarah Cooper, Krista Quarles, Phone Number: (502) 229-5989, (502) 564-7476, Email: sarah.cooper@ky.gov, CHFSregs@ky.gov
Subject Headings:
Behavioral Health; Disability and Disabilities; Health and Medical Services
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the Kentucky Advisory Council on Autism Spectrum Disorders grant program.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to carry out the provisions of Senate Bill 69 from the 2026 legislative session.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Amendments made to KRS 194A.624, through Senate Bill 69, during the 2026 legislative session, require the promulgation of this administrative regulation.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation establishes the grant program required by Senate Bill 69 from the 2026 legislative session. This bill made amendments to KRS 194A.624.
(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) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. This administrative regulation implements Senate Bill 69 from the 2026 legislative session.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
State and local governments, universities, post-secondary institutions, employers, and non-profit entities such as services providers, family organizations, self-advocacy organizations, community organizations that provide autism research and services will be affected by this administrative regulation.
(5) Provide an analysis of how the entities identified in question (4) 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 (4) will have to take to comply with this administrative regulation or amendment:
Regulated entities will be required to follow the application process established in this administrative regulation in order to be awarded grant funding for autism research and services.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost for regulated entities to comply with this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
As funds become available, entities could be awarded moneys for autism research and services.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This administrative regulation may require hiring staff to manage the grant program and prepare the annual report required by SB 69. This administrative regulation allows autism spectrum disorder trust fund dollars to be used for this purpose, if needed, to ensure proper program administration. Because there is no dedicated funding source for the grant program, the Cabinet for Health and Family Services cannot determine a specific cost. However, implementation could require up to one full-time employee at an estimated cost of at least $153,547
(b) On a continuing basis:
This administrative regulation may require hiring staff to manage the grant program and prepare the annual report required by SB 69. The regulation allows autism spectrum disorder trust fund dollars to be used for this purpose, if needed, to ensure proper program administration. Because there is no dedicated funding source for the grant program, the Cabinet cannot determine a specific cost. However, implementation could require up to one full-time employee at an estimated cost of at least $153,547.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
State General Fund dollars will be required for the implementation and enforcement of this administrative regulation, because no appropriation was included with the enacting legislation.
(8) 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:
There are no applicable fees associated with this program. Additional funding is needed to support; however, no appropriation was provided.
(9) 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.
(10) TIERING: Is tiering applied?
Tiering is not applied as all potential grant recipients shall meet the same established application criteria.

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.624; KRS 194A.625
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Office of Autism in the Department for Behavioral Health, Developmental and Intellectual Disabilities, Cabinet for Health and Family Services is the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
The department anticipates expenses of up to $153,547 for the first year, which is the cost for one additional staff to manage the requirements of this administrative regulation. Language has been included in this administrative regulation to allow the department to utilize funds from the autism spectrum disorder trust fund to cover this expense if necessary. This would alleviate the fiscal impact to the cabinet.
Revenues:
The department does not anticipate revenues as a result of this administrative regulation.
Cost Savings:
The department does not anticipate cost savings as a result of this administrative regulation.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Expenditures, revenues, and cost savings will not differ in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A
(a) Estimate the following for the first year:
Expenditures:
The department does not anticipate costs for local entities.
Revenues:
The department does not anticipate revenues for local entities as a result of this administrative regulation.
Cost Savings:
The department does not anticipate cost savings for local entities as a result of this administrative regulation.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The department does not anticipate additional expenditures, revenues, or cost savings for local entities as a result of this administrative regulation.
(4) Identify additional regulated entities not listed in questions (2) or (3):
N/A
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
The department anticipates up to $153,547 in general fund dollars annually, which is the cost of one full-time equivalent (FTE) to implement and oversee the competitive grant program established in this administrative regulation and required by Senate Bill 69 from the 2026 Regular Session. Language has been included in this administrative regulation to allow the department to utilize funds from the autism spectrum disorder trust fund to cover this expense if necessary. This would alleviate the fiscal impact to the cabinet.
(b) Methodology and resources used to determine the fiscal impact:
The Kentucky Advisory Council on Autism Spectrum Disorders research and services grant program will result in the need for an additional staff person, because the Office of Autism is unable to absorb the additional requirements. Since the council is made up of volunteers, they will need additional administrative support to facilitate council member involvement in overseeing the grant process beyond what the one staff at the Office of Autism can contribute. The department determined the annual expenditure required to support one FTE based on human resource data for this type of position.
(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 will not have an overall negative or adverse major economic impact to the identified entities.
(b) The methodology and resources used to reach this conclusion:
The determination was based on the projected cost to the program based on projected cost of 1 FTE to administer the program created by Senate Bill 69 from the 2026 Regular Session.

7-Year Expiration: 10/20/2033


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