Title 911 | Chapter 001 | Regulation 091REG
PROPOSED
This document is not yet current.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Office for Children with Special Health Care Needs
(New Administrative Regulation)
911 KAR 1:091.Repeal of 911 KAR 1:090.
Section 1.
911 KAR 1:090, Appeals, is hereby repealed.JOHN R. LANGEFELD, MD, Commissioner
STEVEN J. STACK, MD, MBA, Secretary
APPROVED BY AGENCY: September 16, 2025
FILED WITH LRC: February 5, 2026 at 11:12 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on April 27, 2026, 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 April 20, 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 April 30, 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:
Emily Allen, Krista Quarles
Subject Headings:
Administrative Hearings, Disability and Disabilities, Public Health
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 911 KAR 1:090 Appeals.
(b) The necessity of this administrative regulation:
This regulation repeals 911 KAR 1:090. The process of appeals outlined in 911 KAR 1:090 is no longer relevant.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A.310 authorizes an administrative body to repeal an administrative regulation when it desires that it no longer be effective.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation assists in the administration of the statutes by removing the current administrative regulation that is no longer relevant due to KRS 194A.030.
(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 administrative regulation repeals 911 KAR 1:090 Appeals.
(b) The necessity of the amendment to this administrative regulation:
This is a repealer regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a repealer regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a repealer regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes, 2023, Senate Bill 48
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The repealer administrative regulation will not affect any individuals, businesses, organizations or state and local governments. The appeal process is outlined for OCHSCN patients in 911 KAR 1:085 and 911 KAR 1:010.
(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:
There will be no new action required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This administrative regulation will not result in a cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The repeal of this administrative regulation eliminates reference to an appeal process that is no longer valid.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the cabinet to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the cabinet to implement this administrative regulation.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
This administrative regulation does not require funding.
(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:
Not applicable.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(10) TIERING: Is tiering applied?
Tiering is not applied. This is a repealer administrative regulation and it will impact all parties equally.
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 13A.310, 194A.050, and KRS 309.432.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Cabinet for Health and Family Services Department for Public Health, and the Office for Children with Special Health Care Needs be affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact expenditures for the Office for Children with Special Health Care Needs.
Revenues:
This administrative regulation will not impact revenues for the Office for Children with Special Health Care Needs.
Cost Savings:
This administrative regulation will not fiscally impact for the Office for Children with Special Health Care Needs
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The is no fiscal impact to the repeal of 911 KAR 1:090.
(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 economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Public Health
Office for Children with Special Health Care Needs
(New Administrative Regulation)
911 KAR 1:091.Repeal of 911 KAR 1:090.
Section 1.
911 KAR 1:090, Appeals, is hereby repealed.JOHN R. LANGEFELD, MD, Commissioner
STEVEN J. STACK, MD, MBA, Secretary
APPROVED BY AGENCY: September 16, 2025
FILED WITH LRC: February 5, 2026 at 11:12 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on April 27, 2026, 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 April 20, 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 April 30, 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:
Emily Allen, Krista Quarles
Subject Headings:
Administrative Hearings, Disability and Disabilities, Public Health
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 911 KAR 1:090 Appeals.
(b) The necessity of this administrative regulation:
This regulation repeals 911 KAR 1:090. The process of appeals outlined in 911 KAR 1:090 is no longer relevant.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 13A.310 authorizes an administrative body to repeal an administrative regulation when it desires that it no longer be effective.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The administrative regulation assists in the administration of the statutes by removing the current administrative regulation that is no longer relevant due to KRS 194A.030.
(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 administrative regulation repeals 911 KAR 1:090 Appeals.
(b) The necessity of the amendment to this administrative regulation:
This is a repealer regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a repealer regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a repealer regulation.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes, 2023, Senate Bill 48
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
The repealer administrative regulation will not affect any individuals, businesses, organizations or state and local governments. The appeal process is outlined for OCHSCN patients in 911 KAR 1:085 and 911 KAR 1:010.
(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:
There will be no new action required.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This administrative regulation will not result in a cost to the regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The repeal of this administrative regulation eliminates reference to an appeal process that is no longer valid.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to the cabinet to implement this administrative regulation.
(b) On a continuing basis:
There will be no cost to the cabinet to implement this administrative regulation.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
This administrative regulation does not require funding.
(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:
Not applicable.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this administrative regulation.
(10) TIERING: Is tiering applied?
Tiering is not applied. This is a repealer administrative regulation and it will impact all parties equally.
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 13A.310, 194A.050, and KRS 309.432.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Cabinet for Health and Family Services Department for Public Health, and the Office for Children with Special Health Care Needs be affected by this administrative regulation.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation will not impact expenditures for the Office for Children with Special Health Care Needs.
Revenues:
This administrative regulation will not impact revenues for the Office for Children with Special Health Care Needs.
Cost Savings:
This administrative regulation will not fiscally impact for the Office for Children with Special Health Care Needs
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in expenditures, revenues, or cost savings in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no affected local entities.
(a) Estimate the following for the first year:
Expenditures:
Not applicable.
Revenues:
Not applicable.
Cost Savings:
Not applicable.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable.
(4) Identify additional regulated entities not listed in questions (2) or (3):
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no change in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation will have no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The is no fiscal impact to the repeal of 911 KAR 1:090.
(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 economic impact.
(b) The methodology and resources used to reach this conclusion:
Not applicable.