The February meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, February 13, 2001, at 4:30 PM, in Room 149 of the Capitol Annex. Representative John Arnold Jr., Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Representative John Arnold Jr., Chair; Senators Marshall Long, Joey Pendleton, and Richard Roeding; Representatives Woody Allen, James Bruce, and Jimmie Lee.
Guests: Eli Miller, Chris Thompson, University of Kentucky; Veronica Dale, Dennis L. Taulbee, James L. Applegate, Barbara P. Cook, Council on Postsecondary Education; Nick Kearney, Revenue Cabinet; Coleman Shouse, Mark L. Roberts, William P. Hanes, Kentucky Retirement Systems; James Grawe, Larry Disney, Sam Blackburn, Kentucky Real Estate Appraisers Board; Robert Powell, Brenda Priestley, Tamela Biggs, Department of Corrections; Kevin Noland, Karen Waugh, Department for Education; Marilyn Kay Troupe, Mary Ellen Wiederwohl, Education Professional Standards Board; Sherry Deatrick, Roy E. Wilson, Workforce Development Cabinet; Bruce Sparrow, Stephen M. Johnson, Janet Alexander, Sue S. Simon, Department for the Blind; Donna Floyd, Carla H. Montgomery, Department of Workers' Claims; Janie Miller, Carrie Banahan, Char Hummel, Department of Insurance; Colleen Keefe, Ken Pennington, Department of Financial Institutions; Bernard Hettel, Rena Elswick, Marc A. Guilfoil, Kentucky Racing Commission; Trish Howard, Eric Friedlander, Rice Leach, Alex Reese, Steve Davis, W.L. Moore, Dennis Boyd, Betty Barber, Barbara Utter, Bruce W. Scott, Mike Littlefield, Cabinet for Health Services; Karen Doyle, Joyce Metts, Kathy Adams, Shirley Eldridge, Cabinet for Families and Children; Carol L. Grissett; Victoria Graff, parent; Dennis and Karen Arthur; William T. "Bill" Carter, PVA Association; Virgil Monroe; Randy Smith, KRC: Jolene D. Fullerton, Viatical & Life Settlement Association; Marigail Sexton, Kentucky Association of Sexual Assault Programs.
LRC Staff: Dave Nicholas, Donna Little, Edna Lowery, Ellen Benzing, Susan Wunderlich, Donna Valencia, Ellen Steinberg.
The Subcommittee determined that the following administrative regulations, as amended by the promulgating agency and the Subcommittee, complied with statutory requirements:
Agriculture Experiment Section: University of Kentucky: Division of Regulatory Services: Milk and Cream
12 KAR 5:010. Licenses. Eli Miller, Director, and Chris Thompson, Milk Coordinator, represented the University.
This administrative regulation was amended as follows: Sections 1(2) and 1(3) were amended to: (1) clarify “nonrenewable temporary license”; and (b) comply with the drafting requirements of KRS Chapter 13A.
12 KAR 5:020. Testing. This administrative regulation was amended as follows: Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A.
12 KAR 5:040. Sampling and weighing. This administrative regulation was amended as follows: Section 1 was amended to correct a cross-reference.
12 KAR 5:050. Inspections. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct a typographical error.
12 KAR 5:060. Purchases from farm bulk tanks. This administrative regulation was amended as follows: Sections 2 and 3 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
12 KAR 5:070. Uniform standards for payment. This administrative regulation was amended as follows: Section 2(1) was amended to clarify the record-keeping requirements for an agent of the handler.
Council on Postsecondary Education: Public Educational Institutions
13 KAR 2:090. Kentucky Educational Excellence Scholarship (KEES) Program. Barbara Cook and Dennis Taulbee, General Counsel, represented the Council. Veronica Dale, Kentucky Department for Vocational Rehabilitation, Victoria Graff, parent, and Dennis Arthur, parent, appeared before the Subcommittee in opposition to this administrative regulation. Tony Gates, University of Kentucky, appeared before the Subcommittee in support of this administrative regulation.
Ms. Graff stated that she sent a letter to the Subcommittee members to update them on her meeting with Mr. Taulbee on January 22. Although the Council was sympathetic with her concerns, the Council would not consider changing their position relative to the Academic Common Market for the special needs of students with disabilities. The Council expressed concern about how to identify students with disabilities and the need for more staff to review the programs. The Department for Vocational Rehabilitation had already identified the students. Ms. Dale was her son’s counselor from the Department and could answer questions regarding the procedures the Department followed in identifying students with disabilities. Ms. Dale worked with the family and students to help decide which college, in Kentucky or outside Kentucky, the student should attend based on the student’s disabilities and the teaching styles and resources used by the program. She received a document from Vanderbilt University which discussed the human organization and development program and explaining its uniqueness and style of learning. Figures supplied to her by the controller for vocational rehabilitation indicated that during the past year, there were 3,649 special needs students that were helped by the Department with financial assistance for tuition or books. Of those students, 9.5 percent, or 346, students attended schools outside of Kentucky. Not all of those students would be eligible for the Kentucky Educational Excellence Scholarship. Assuming there were approximately 300 children that met the KEES scholarship requirements, it would cost the Council $150,000 to provide the $500 scholarship for those students to attend out-of-state colleges. The Subcommittee members were sent a letter from Ms. Melissa Bowman of the Protection and Advocacy Commission that explained her concerns for the Academic Common Market and special needs children. Ms. Bowman’s letter concluded with the following statements: “CPE should not limit approved schools to those in the Academic Common Market. Decision-making should be made on a non-discriminatory basis. At a minimum, the new regulation should set forth a regulatory process with specific criteria and that accommodates the needs of students with disabilities under applicable federal law and the Kentucky Civil Rights Act.” Since the Department had already identified the students, it would not place an undue burden on the Council. This administrative regulation should be amended to allow special needs students who had been identified by the Department for Vocational Rehabilitation and had earned a KEES scholarship, to be permitted to use the KEES scholarship at an out-of-state university that had a teaching style and resources to address the student’s disabilities and be successful in college.
Chairman Arnold stated that the statute required that the KEES scholarship be used at a Kentucky institution, unless the out-of-state institution was designated by the Council and offered a degree program in a field of study not offered in Kentucky. Kentucky institutions offered business degrees. Additionally, the KEES program was established to provide a scholarship for undergraduate students.
Mr. Taulbee stated that the statute established a two-part test: first, the Council was required to designate institutions; and second, the student has to pursue a field of study not offered in Kentucky. Ms. Graff relied on the different method of instruction and special strategies at Vanderbilt. However, the Council looked at course content to determine field of study. Because there were over twenty business programs in Kentucky, the program at Vanderbilt was not in a field of study not available in Kentucky. Kentucky institutions were ready and able to accommodate her son.
Mr. Arthur stated that his daughter had been accepted as a freshman to Duquesne University in Pittsburgh for a Doctor of Physical Therapy program, which was not offered in Kentucky. The University of Kentucky offered a masters degree program in physical therapy entered during the third year of study. The Duquesne program offered a doctorate program, which was similar to a medical degree, while the masters degree program at the University of Kentucky did not lead to a doctorate program and would not permit his daughter to diagnose a patient. There was a reciprocity agreement with the Texas Women’s College, which offered a Ph.D. in physical therapy, which allowed graduates to teach and practice as a physical therapist, but not as a medical professional.
Mr. Taulbee stated that the Duquesne program was a doctorate degree program and the KEES program, by statute, provided scholarships for undergraduate Baccalaureate programs.
Ms. Dale stated that Vanderbilt University provided an excellent program which, in her personal opinion, was not available in Kentucky. She had looked at different colleges and Vanderbilt had an excellent program for special needs children, especially with making accommodations for the students. She had not seen a Kentucky institution make accommodations to the extent they were made at Vanderbilt. If Vanderbilt were part of the Academic Common Market or accepted under the KEES program, she would be able to send more students to that institution. Eastern Kentucky University and Murray State University both provided great programs but their programs did not meet Mr. Graff’s needs. Vanderbilt provided its services for free.
Mr. Gates stated that the University of Kentucky offered programs for students with disabilities. Several Kentucky universities offered business degrees. The KEES program was established for undergraduate students, to enhance and provide better opportunities for Kentucky high school students to attend Kentucky universities based on their high school grades. The program was not designed to pay for masters or doctorate degrees, but to improve the college-going and retention rates of Kentucky high school graduates. Kentucky universities and colleges were required by law, and have, special programs to meet the needs of students with disabilities. The University made special accommodations for students with disabilities to meet their needs and would welcome any student with disabilities to its classes.
This administrative regulation was amended as follows: Section 9(1) was amended to correct the name of the trust fund, to comply with KRS 164.7877(1).
Revenue Cabinet: Department of Law: Division of Tax Policy: Ad Valorem Tax: Administration
103 KAR 5:160. Property valuation administrator office employees: Payment of leave upon separation. Nick Kearney, Tax Consultant, represented the Cabinet. Terry Bennett, Hardin County PVA, and President, Kentucky PVA Association, appeared before the Subcommittee in support of this administrative regulation.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f).
Kentucky Retirement Systems: General Rules
105 KAR 1:160. Sick leave plans. Bill Hanes, General Manager, Mark Roberts, Staff, and Coleman Shouse, Staff, represented the Systems.
In response to questions by Senator Roeding, Mr. Hanes stated that this administrative regulation clarified existing law regarding the implementation of alternative and regular sick leave because, within the county system, the agencies were required to select one of the two sick leave programs. This administrative regulation would not cost the system additional money as the agencies were responsible for the costs.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, 4, and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
105 KAR 1:300. Determination of service credit for classified employees. In response to questions by Senator Roeding, Mr. Hanes stated that this administrative regulation implemented legislation from the 2000 Regular Session which gave state employees two additional months of service.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct statutory citations; and (2) Section 2 was amended to make a technical correction.
Real Estate Appraisers Board
201 KAR 30:010. Definitions for 201 KAR Chapter 30. Sam Blackburn, Executive Director, Larry Disney, Education Director, and Jim Grawe, Assistant Attorney General, represented the Board.
In response to a question by Senator Roeding, Mr. Blackburn stated that the appraisers were aware of the changes in these administrative regulations.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 30:030. Types of appraisers required in federally-related transactions; certification and licensure. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and Sections 2, 3, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 30:040. Standards of practice. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
201 KAR 30:050. Examination, education, and experience requirement. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 30:060. Fees administrative regulation. In response to questions by Senator Roeding, Mr. Blackburn stated that an appraiser was charged $237 for license renewal, with $25 of that amount going to the Federal Register in Washington, D.C. The statute was amended last year to increase the fee by $12 to include the standards that appraisers were required to follow. Rather than having the appraisers buy the book from the federal organization for $25, the Board could buy the books in bulk for $12 each in order to supply the 1600 Kentucky appraisers with the standards book.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1, 2, and 5 were amended to comply with the drafting requirements of KRS Chapter 13A.
201 KAR 30:120. Temporary appraisal licenses and certificates. In response to a question by Senator Roeding, Mr. Blackburn stated that this administrative regulation was changed to require appraisers from other states to obtain a temporary permit to operate in Kentucky, which was a similar requirement for Kentucky appraisers practicing in other states. This administrative regulation did not increase the previously-established fee.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; and (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5 were amended to conform to the drafting and formatting requirements of KRS Chapter 13A.
Justice Cabinet: Department of Corrections: Division of Local Facilities: Jail Standards for Full-service Facilities
501 KAR 3:130. Inmate programs; services. Tamela Biggs, Staff Attorney, and Robert Powell, Director of Local Facilities, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) the TITLE, NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to change references from “inmates” to “prisoners”.
Office of the Secretary
501 KAR 6:999. Corrections secured policies and procedures. Pursuant to KRS 61.815(2) and KRS 61.810(1)(i) and (k), and KRS 197.025(6), the Subcommittee went into closed session to review this administrative regulation.
Restricted Custody Center
501 KAR 7:130. Inmate programs; services. This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) the TITLE, NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to change references from “residents” and “inmates” to “prisoners”.
Direct Supervision for Full-service Jails
501 KAR 10:130. Inmate programs; services. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) the TITLE, NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 6 were amended to change references from “inmates” to “prisoners”.
Education, Arts, and Humanities Cabinet: Board of Education: Department of Education: School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics. Kevin Noland, General Counsel, represented the Department.
In response to questions by Senator Roeding, Mr. Noland stated that the bylaws for the Kentucky High School Athletics Association were amended to provide for a uniform start date for the winter sports of basketball, swimming, and wrestling and to clarify the eight semester rule. The eight semester rule meant that once a student started ninth grade, the student was eligible to play sports for eight semesters.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to correct a statutory citation; (2) Section 2(5) was amended to correct punctuation; and (3) Section 5(2) was amended to comply with the format requirements of KRS 13A.2251 for incorporation by reference.
702 KAR 7:125. Pupil attendance. In response to questions by Senator Roeding, Mr. Noland stated that this administrative regulation established reporting codes for pupil attendance to comply with federal reporting codes and to give districts two additional years to update their software. This administrative regulation was promulgated to permit school districts to receive attendance credit for students attending virtual high school.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 7, 22, and 24 were amended to comply with the drafting requirements of KRS Chapter 13A; (2) Section 23 was amended to require the use of the Student Record Release form, or an alternative form, to comply with KRS 159.170; and (3) Section 24 was amended to incorporate by reference the required form, as required by KRS 13A.2251.
Education Professional Standards Board
704 KAR 20:670. Kentucky teaching certificates. Mary Ellen Wiederwohl, Staff, and Marilyn Troupe, Staff, represented the Board.
This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 5, 7, 8, 9, and 10 were amended to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct statutory citations and cross-references to applicable administrative regulations.
Workforce Development Cabinet: Department for Technical Education: Personnel System for Certified and Equivalent Employees
780 KAR 3:120. Appeals and hearings. Sherry Deatrick, General Counsel, and Roy Wilson, Department for Technical Education, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Section 3 was amended to specify the name of the required Appeal Form; (4) Sections 4, 5, and 8 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (5) Section 7 was amended to delete provisions that repeated, summarized, or modified KRS Chapter 13B, relating to administrative hearings, as required by KRS 13A.120(2)(e), (f), and (i).
780 KAR 3:130. Employee grievances. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 through 5 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Department for the Blind: Business Enterprises Division: Department for the Blind
782 KAR 1:010. Federal Vocational Rehabilitation Program. Sue Simon, General Counsel, Stephen Johnson, Director of Business Enterprises, and Janet Alexander represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) Sections 1 through 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (4) Sections 5 and 9 were amended to specify the names of the required forms; and (5) a new Section 12 was created to incorporate by reference the required forms.
Public Protection and Regulation Cabinet: Department of Insurance: Health Insurance Contracts
806 KAR 17:230 & E. Requirements regarding medical director's signature on health care benefit denials. Janie Miller, Commissioner, Carrie Banahan, and Char Hummel represented the Department.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 1 was amended to correct statutory citations.
806 KAR 17:240. Data reporting requirements. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 1 was amended to correct statutory citations.
806 KAR 17:280 & E. Registration, utilization review, and internal appeal. This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A; and (2) Section 1 was amended to correct statutory citations.
806 KAR 17:300 & E. Provider Agreement and Risk Sharing Agreement filing requirements. This administrative regulation was amended as follows: the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to comply with the drafting requirements of KRS Chapter 13A.
Department of Financial Institutions: Securities
808 KAR 10:410. Viatical settlement interests. Ken Pennington, Deputy Commissioner, and Colleen Keefe, General Counsel, represented the Department. Joleen Fullerton, Vice President, Viatical & Life Settlement Association, appeared before the Subcommittee in support of this administrative regulation.
This administrative regulation was amended as follows: (1) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (2) Sections 2 through 6, 8, and 9 to comply with the formatting and drafting requirements of KRS Chapter 13A; (3) Section 2 was amended to: (a) delete the formula for calculating the required fee referenced in KRS 292.380(5); (b) include a set amount of $500; and (c) require the issuer to file a sales report indicating the aggregate sales price of securities sold in Kentucky; and (4) Section 9 was amended to correct the edition date of material incorporated by reference.
Kentucky Racing Commission: Thoroughbred Racing
810 KAR 1:009 & E. Jockeys and apprentices. Bernie Hettel, Executive Director, Dave Carroll, Assistant Attorney General, and Mark Guilfoyle, Kentucky Racing Commission, represented the Commission.
This administrative regulation was amended as follows: (1) the STATUTORY AUTHORITY paragraph was amended to correct a statutory citation; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1, 3, 4, 5, 7, 8, 13, 14, 15, and 16 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
810 KAR 1:026 & E. Racing associations. This administrative regulation was amended as follows: Sections 11, 29, 34, and 35 were amended to comply with the drafting requirements of KRS Chapter 13A.
810 KAR 1:027 & E. Entries, subscriptions and declarations. This administrative regulation was amended as follows: (1) the RELATES TO paragraph was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 3 and 6 were amended to comply with the drafting requirements of KRS Chapter 13A.
810 KAR 1:028 & E. Disciplinary measures. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1 through 3 were amended to comply with the drafting requirements of KRS Chapter 13A.
Harness Racing
811 KAR 1:075 & E. Racing and track rules. This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph was amended to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (3) Sections 1-3, 5-7, 10-16, 20-21, and 23-24 were amended to comply with the formatting and drafting requirements of KRS Chapter 13A.
Cabinet for Health Services: Department for Public Health: Maternal and Child Health
902 KAR 4:085 & E. Newborn hearing screening equipment grant award. Eric Friedlander, Director, Commission for Children with Special Health Care Needs, represented the Department.
In response to questions by Senator Roeding, Mr. Friedlander stated that this administrative regulation was promulgated as an emergency one time. The Department had thirty-three hospitals, out of thirty-four eligible hospitals, apply for the grant award. The Department staff visited every hospital to inform the hospitals about this program.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; and (2) Sections 1, 3, 4, 5, 7, 8, and 10 were amended to comply with the drafting and format requirements of KRS Chapter 13A.
Sanitation
902 KAR 10:060 & E. On-site sewage disposal application fee. Dr. Rice Leach, Public Health Commissioner, represented the Department.
In response to questions by Senator Roeding, Dr. Leach stated that this administrative regulation was amended to comply with the 2000 Budget Bill, which generated money for county health departments. The fees were increased from $660,990 in fiscal year 1999 to a projected $720,900 in the current year. The increased dollar amounts would be sent directly to local health departments.
In response to a question by Representative Allen, Dr. Leach stated that this administrative regulation and 902 KAR 10:121 increased fees.
Representative Allen stated that government needed to reduce its spending and live within its means, rather than increase fees.
This administrative regulation, as amended, was approved, with Senator Roeding and Representative Allen objecting to its approval.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Section 1 was amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 2, relating to future fee calculations, was deleted.
902 KAR 10:121 & E. Inspection fees for public swimming and bathing facilities. In response to questions by Senator Roeding, Dr. Leach stated that the inspection fees for swimming pools was increased by this administrative regulation to meet the increased cost of business in performing the labor-intensive inspections. The fees had not been adjusted for many years. The increased amount was based on a consideration of the consumer price index changes between 1989 and the 2000 Budget Bill.
This administrative regulation, as amended, was approved, with Senator Roeding and Representative Allen objecting to its approval.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Sections 1 and 2 were amended to conform to the drafting requirements of KRS 13A.222; and (3) Section 3, relating to future fee calculations, was deleted.
Health Services and Facilities
902 KAR 20:180. Psychiatric hospitals; operation and services. Alex Reese, Office of Inspector General, represented the Department.
This administrative regulation was amended as follows: (1) the RELATES TO, STATUTORY AUTHORITY, and NECESSITY, FUNCTION, AND CONFORMITY paragraphs were amended to correct statutory citations; (2) Sections 1 and 3 through 6 were amended to conform to the drafting and formatting requirements of KRS Chapter 13A; (3) Section 4 was amended to require a policy for signing telephone orders for diagnostic testing or treatment; and (4) Sections 5 and 6 were amended to add other ordering professionals.
Food and Cosmetics
902 KAR 45:006 & E. Kentucky bed and breakfast. Dr. Rice Leach, Public Health Commissioner, represented the Department.
In response to questions by Senator Roeding, Dr. Leach stated that the Department spent a long time negotiating with the regulated community to establish the fees for bed and breakfasts and other entities. The representatives of the regulated entities had been much involved with the drafting of this administrative regulation. Bed and breakfast establishments had been regulated by the Department since 1991.
Senator Roeding stated that he opposed the increase of fees through the promulgation of emergency administrative regulations. Senate Bill 73 would eliminate that authority and shorten the amount of time for an ordinary administrative regulation to complete the KRS Chapter 13A process.
This administrative regulation, as amended, was approved, with Senator Roeding and Representative Allen objecting to its approval.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4 to 9, and 11 to 17 were amended to comply with the drafting and format requirements of KRS Chapter 13A; (3) Section 4 was amended to clarify that pets shall not be permitted in the kitchen; and (4) Section 18, relating to future fee calculations, was deleted.
902 KAR 45:110 & E. Permits and fees for retail food establishments, food manufacturing plants, food storage warehouses, salvage processors and distributors, vending machine companies, and seasonal restricted food concessions. In response to questions by Representative Bruce, Dr. Leach stated that he would re-examine this administrative regulation to base the fees on the volume of the restaurant.
In response to questions by Senator Roeding, Dr. Leach stated that there was concern two years ago regarding the ability of local health departments to generate revenue. There were substantial discussions prior to the 2000 Regular Session. In the budget preparation process, Cabinet representatives worked with the appropriate legislative committees to develop a method to meet the financial problems of local health departments. Money was appropriated from early childhood programs; money was appropriated for training; and it was decided to raise the fees. Some of the counties have raised their local tax contribution for public health. The budget included a requirement for $300,000 to be raised through patient fee charges paid by patients who could afford to pay for their health care costs.
In response to questions by Representative Allen, Dr. Leach stated that the fees for food establishments had been increased from $1,800,645 for fiscal year 1999, to $2,799,032 for fiscal year 2000. The previous fees had been established eight to ten years ago.
Representative Allen stated that the increased fees would be a financial burden on smaller businesses and the fees would be passed on to consumers. Government agencies should not require a seven billion dollar budget.
Representative Lee stated that the executive budget proposed much higher fee increases for these entities than the increases made in these administrative regulations. Dr. Leach and the Department met with members of the budget committees to resolve the fee differences. The committee realized that the fees had not been increased for twelve years. The local health departments depended on local tax money for many services performed at the local level, including statutorily-mandated inspections by the local health departments. The local health departments had been performing those services at a loss and the state made up the difference through increased local taxes. During the 2000 budget process, the committee used the consumer price index for the years between the last increase and 2000 to determine the increase. The increased money went entirely to the local health departments for their services.
This administrative regulation, as amended, was approved, with Senator Roeding and Representative Allen objecting to its approval.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs was amended to correct statutory citations; (2) the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 was amended to comply with the drafting requirements of KRS Chapter 13A; and (3) Section 3, relating to future fee calculations, was deleted.
902 KAR 45:120 & E. Inspection fees; permit fees; hotels, mobile home parks, recreational vehicle parks, youth camps and private water supplies. This administrative regulation, as amended, was approved, with Senator Roeding and Representative Allen objecting to its approval.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) Sections 1, 2 and 4 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 5, relating to future fee calculations, was deleted.
Department for Medicaid Services: Medicaid Services
907 KAR 1:019 & E. Pharmacy services. Dennis Boyd, Commissioner, Louis Moore, Medical Director, and Betty Barber represented the Department.
In response to questions by Representative Bruce, Commissioner Boyd stated that this administrative regulation was amended to comply with House Bill 608, enacted during the 2000 Regular Session. House Bill 608 required that, for any drugs that had been placed on non-prior authorization as a result of Senate Bill 351, similar drugs of similar costs and efficacy be placed on non-prior authorization. This administrative regulation did not lower the fees for pharmacists.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1 and 2 were amended to correct statutory citations; (2) Sections 1, 2, 6, 7, 10, and 11 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 3 was amended to correct the given Internet website address.
Payment and Services
907 KAR 3:125 & E. Chiropractic services and reimbursement. Dennis Boyd, Commissioner, and Barbara Utter represented the Department.
In response to questions by Representative Bruce, Commissioner Boyd stated that during the 2000 Regular Session, chiropractic services were added to the list of covered services for Medicaid. This administrative regulation implemented those provisions.
This administrative regulation was amended as follows: (1) the RELATES TO paragraph and Section 1 were amended to correct statutory citations; (2) Sections 3 and 7 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 3 was amended to specify the name of the required form.
Department for Mental Health and Mental Retardation Services: Mental Health
908 KAR 2:070. Standards for rape crisis centers. Bruce Scott, Director, Mike Littlefield, Regulations Coordinator, and Randy Oliver, Branch Manager, represented the Department. Marigail Sexton, Executive Director, Kentucky Association of Sexual Assault Programs, appeared before the Subcommittee in support of this administrative regulation.
In response to questions by Senator Roeding, Mr. Scott stated that this administrative regulation would not increase the expenses of individual rape crisis centers.
Ms. Sexton stated that this administrative regulation did not increase expenses; rather, it outlined the provisions of service. The rape crisis centers had been very involved with the Department in writing the provisions of this administrative regulation and believed it would accommodate the many types of centers in Kentucky. An additional amendment was needed to page 24, line 9, to add language agreed to by the centers and the Department, to specify that a victim was not required to participate in an interview.
This administrative regulation was amended as follows: (1) the RELATES TO and STATUTORY AUTHORITY paragraphs were amended to correct statutory citations; (2) Sections 1 through 18 were amended to comply with the drafting and format requirements of KRS Chapter 13A; and (3) Section 6(8) was amended to establish a training requirement for supervisors of volunteers.
The Subcommittee determined that the following administrative regulations complied with statutory authority:
Agriculture Experiment Section: University of Kentucky: Division of Regulatory Services: Milk and Cream
12 KAR 5:030. Test samples. Eli Miller, Director, and Chris Thompson, Milk Coordinator, represented the University.
Labor Cabinet: Department of Workers' Claims
803 KAR 25:110 & E. Workers' compensation managed health care plans. Carla Montgomery, Staff Attorney, and Donna Floyd, Staff Attorney, represented the Department.
803 KAR 25:190 & E. Utilization review and medical bill audit.
Department of Insurance: Health Insurance Contracts
806 KAR 17:290 & E. Independent External Review Program. Janie Miller, Commissioner, Carrie Banahan, and Char Hummel represented the Department.
Cabinet for Health Services: Department for Public Health: Kentucky Board of Family Health Care Providers
902 KAR 22:040. Charitable health care providers. Steve Davis represented the Department.
Cabinet for Families and Children: Department for Community Based Services: Division of Policy Development: Child Support
921 KAR 1:410. Child support collection and distribution. Karen Doyle, Kathy Adams, and Joyce Metts represented the Department.
In response to questions by Senator Roeding, Ms. Adams stated that the meanings of the terms “tort claims offset”, “vehicle booting”, and “delinquency listings” were established in Senate Bill 218, enacted during the 2000 Regular Session. This administrative regulation was promulgated to comply with Senate Bill 218. The Department received statutory authority during the 1998 Regular Session to revoke or deny a permit to carry a concealed weapon for nonpayment of child support or delinquent payments. Senate Bill 218 established requirements for licensure and permitting and authorized the Department to suspend or revoke a concealed carry permit for six months or one year.
At the request of the Subcommittee, the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Board of Ophthalmic Dispensers
201 KAR 13:010. Board; powers, duties, meetings.
201 KAR 13:012. Repeal of 201 KAR 13:011.
201 KAR 13:030. Contact lens fitting.
201 KAR 13:050. Apprentices.
Board of Certification for Professional Counselors
201 KAR 36:020. Fees - renewal date.
201 KAR 36:070. Education requirements.
Tourism Development Cabinet: Department of Fish and Wildlife Resources: Game
301 KAR 2:111E. Deer and turkey hunting on federal areas.
301 KAR 2:178E. Deer hunting on wildlife management areas.
301 KAR 2:221E. Waterfowl seasons and limits.
301 KAR 2:222E. Waterfowl hunting requirements.
301 KAR 2:225E. Dove, wood duck, teal and other migratory game bird hunting.
301 KAR 2:226E. Youth waterfowl hunting season.
Hunting and Fishing
301 KAR 3:100E. Special commission permits.
Licensing
301 KAR 5:030E. Purchasing licenses and obtaining replacement licenses.
Department of Insurance: Health Insurance Contracts
806 KAR 17:180E. Standard health benefit plan and comparison format.
Captive Insurers
806 KAR 49:020. Captive insurer application requirements.
806 KAR 49:030. Captive insurer reporting requirements.
806 KAR 49:040. Captive insurer parents and affiliates.
Department of Housing, Buildings and Construction: Plumbing
815 KAR 20:060. Quality and weight of materials.
815 KAR 20:090. Soil, waste and vent systems.
Cabinet for Health Services: Department for Public Health: Health Services and Facilities
902 KAR 20:066E. Operation and services; adult day health care programs.
Department for Medicaid Services: Medicaid Services
907 KAR 1:044E. Mental health center services.
907 KAR 1:145E. Supports for community living services for an individual with mental retardation or a developmental disability.
907 KAR 1:479E. Durable medical equipment covered benefits and reimbursement.
Payment and Services
907 KAR 3:005E. Physicians' services.
907 KAR 3:010E. Reimbursement for physicians' services.
Department for Mental Health and Mental Retardation Services: Kentucky Traumatic Brain Injury Trust Fund Board
908 KAR 4:030. Traumatic Brain Injury Trust Fund operations.
Cabinet for Families and Children: Department for Community Based Services: Division of Policy Development: Child Welfare
922 KAR 1:330. Child protective services.
922 KAR 1:420. Child fatality or near fatality investigations.
922 KAR 1:430. Child protective services in-home case planning and service delivery.
The Subcommittee adjourned at 5:30 p.m. until March 6, 2001, at 10 a.m. in Room 131 of the Capitol Annex.