The March meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, March 9, 2004, at 9:30 AM, in Room 125 of the Capitol Annex. Senator Damon Thayer, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Damon Thayer, Co-Chair; Representative Tanya Pullin, Co-Chair; Senators Joey Pendleton, Richard Roeding, and Gary Tapp; Representatives James Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: Ryan Halloran, Sarah Johnson, State Board of Elections; Nathan Goldman, Board of Nursing; Mack Bushart, Bill Chlebowy, Paul Fitch, Emily Harkenrider, Jeffrey Pratt; Environmental and Public Protection Cabinet; Eddie Deskins, Dana Fugazzi, Mary A. Morris, Rick Taylor, David Woodford, Transportation Cabinet; Russ Findley, Ann Truitt Hunsaker, Cabinet for Family and Health Services; Chris Stallings, John Winstead, Environmental and Public Protection Cabinet; Nancy Galvagni, Kentucky Hospital Association; Bart Baldwin, Children's Alliance; Erv Klein, Glanz Heating and Plumbing; Steven Milby; Darby Paschell, Baptist Healthcare Systems.
LRC Staff: Dave Nicholas, Donna Little, Donna Kemper, Sarah Amburgey, Karen Howard, Laura Milam, Ellen Steinberg, Emily Caudill, and Jenifer Harrison.
The Administrative Regulation Review Subcommittee met on Tuesday, March 9, 2004, and submits this report:
OTHER BUSINESS:
Representative Bruce announced that House Bill 295, which created a new section of KRS Chapter 13A declaring the administrative regulations found deficient since March 29, 2002 to be null, void, and unenforceable, had passed both houses and had been sent to the governor. He stated that he appreciated Co-Chair Thayer's excellent work in leading the bill through the Senate.
Co-Chair Thayer thanked Representative Bruce for sponsoring the important bill and stated that he was pleased that the bill was one of the few that had passed both houses this legislative session.
Additionally, Representative Bruce stated that he had concerns regarding a directive given by Kentucky vehicle enforcement officers to people at a farm show in Indiana. Those people were informed that Kentucky would be ticketing gooseneck trucks that were hauling farm items using a Kentucky farm tag. Representative Bruce stated that this action would violate a Kentucky law enacted in 1974.
Senator Pendleton stated that this event happened in the Indiana area near Henderson, Kentucky.
Mack Bushart, Commissioner, Department of Vehicle Regulation, stated that he had talked with Senator Pendleton about the allegations and his office was still checking to see who made the statements. His office had not sent out any directives to the regional enforcement offices directing them to begin this type of enforcement. He would continue to research the allegations and find out what was said and assured the Subcommittee that the enforcement officers would only enforce the law.
Administrative regulations reviewed by the Subcommittee:
State Board of Elections: Help America Vote Act 2002
31 KAR 6:010 & E. State-based administrative complaint procedure. Sarah Johnson, Executive Director, and Ryan Halloran, Assistant Attorney General, represented the Board.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to insert authorizing language; and (2) to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing
201 KAR 20:411. Sexual Assault Nurse Examiner Program standards and credential requirements. Nathan Goldman represented the Board.
Environmental and Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:005. Permits to construct, modify, or operate a facility. Jeff Pratt, Director, represented the Division.
A motion was made and seconded to approve the following amendments: to amend various sections to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Transportation Cabinet: Department of Vehicle Regulation: Division of Motor Carriers
601 KAR 1:018. Special overweight or overdimensional permits. Mary Morris, Rick Taylor, and Dana Fugazzi, Staff Attorney, represented the Cabinet.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 4, 7, 9, 10, 11, 14, 16, and 22 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 16 to: (a) delete provisions that conflicted with other provisions in the administrative regulation; and (b) exempt farm implements or equipment from the requirements of that section if the specified criteria were met; and (3) to amend Section 16 to correct a statutory citation. Without objection, and with agreement of the agency, the amendments were approved.
Motor Vehicle Tax
601 KAR 9:085. Procedures for becoming a certified motor vehicle inspector. A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); (3) to amend Sections 1, 2, 6, 7, 8, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to delete the Section 8 hearing provisions since they were already established in KRS Chapter 13B. Without objection, and with agreement of the agency, the amendments were approved.
Department of Highways: Traffic
603 KAR 5:066. Weight (mass) limits for trucks. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct a statutory citation; and (2) to amend Sections 1 to 5 and 7 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
603 KAR 5:070. Motor vehicle dimension limits. A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220(3)(f); and (2) to amend Sections 1, 4, 6, and 9 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Environmental and Public Protection Cabinet: Department of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1. John Winstead, Commissioner, and Chris Stallings, Staff Attorney, represented the Department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and (2) to amend Section 1 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:040. Bingo standards. In response to a question by Senator Roeding, Mr. Stallings stated that this administrative regulation established firm deadlines for distributors of card-minding devices, but did not affect the deadlines for charitable organizations to receive their licenses. The Department would continue to work to improve the licensing process and to respond to questions from charitable organizations in a timely manner.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; (3) to amend Sections 1 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to add Section 11 to incorporate by reference forms required for distributors of card-minding devices. Without objection, and with agreement of the agency, the amendments were approved.
Cabinet for Health and Family Services: Department for Medicaid Services: Medicaid Services
907 KAR 1:013 & E. Payments for hospital inpatient services. Russ Fendley, Commissioner, and Ann Hunsaker, Counsel, represented the Department. Nancy Galvagni, Kentucky Hospital Association, appeared in support of this administrative regulation.
In response to a question by Co-Chair Pullin, Mr. Fendley stated that this administrative regulation established reimbursement rates for Levels II and III neonatal facilities in an effort to more adequately compensate them for the services they provided.
In response to a question by Senator Pendleton, Mr. Fendley stated that the Department agreed to pay $28 million in a settlement with the Kentucky Hospital Association and divided that money between the state's hospitals. The payment methodology established in this administrative regulation resulted from over a year's worth of negotiations and work with the Kentucky Hospital Association and providers and would continue to be monitored and revised as needed. He met with representatives of the Methodist Hospital on two occasions regarding their payment concerns and would continue to meet with them to find a solution. However, given the current budget constraints, it would be difficult to address their concerns in the manner the hospital wanted.
In response to a question by Representative Reinhardt, Mr. Fendley stated that this administrative regulation did not impact Cincinnati Children's Hospital except for establishing the reimbursements.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation; (2) to amend Sections 1, 3, 4, 7, 10, 11, 14, 20, and 22 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 11 to specify that inpatient services provided to an eligible Medicaid recipient in a psychiatric hospital designated as a primary referral and service resource for a child in state custody shall be reimbursed at the specific per diem rate of $489.75, rather than according to a formula based on the 1999 cost report. Without objection, and with agreement of the agency, the amendments were approved.
The Subcommittee and the promulgating administrative agencies agreed to defer consideration of the following administrative regulations to the next meeting of the Subcommittee:
Environmental and Public Protection Cabinet: Department for Environmental Protection: Water Quality
401 KAR 5:002. Definitions for 401 KAR Chapter 5.
401 KAR 5:026. Designation of uses of surface waters.
401 KAR 5:029. General provisions.
401 KAR 5:030. Antidegradation policy implementation methodology.
401 KAR 5:031. Surface water standards.
Department for Surface Mining Reclamation and Enforcement: General Provisions
405 KAR 7:001. Definitions for 405 KAR Chapter 7.
Permits
405 KAR 8:001. Definitions for 405 KAR Chapter 8.
Bond and Insurance Requirements
405 KAR 10:001. Definitions for 405 KAR Chapter 10.
Inspection and Enforcement
405 KAR 12:001. Definitions for 405 KAR Chapter 12.
Performance Standards for Surface Mining Activities
405 KAR 16:001. Definitions for 405 KAR Chapter 16.
Performance Standards for Underground Mining Activities
405 KAR 18:001. Definitions for 405 KAR Chapter 18.
Special Performance Standards
405 KAR 20:001. Definitions for 405 KAR Chapter 20.
Areas Unsuitable for Mining
405 KAR 24:001. Definitions for 405 KAR Chapter 24.
Department of Financial Institutions: Mortgage Loan Companies and Mortgage Loan Brokers
808 KAR 12:065. Disclosure for lender/broker making less than five (5) loans per year.
Cabinet for Health and Family Services: Department for Public Health: Communicable Diseases
902 KAR 2:055. Immunization data reporting and exchange.
Department for Community Based Services: Protection and Permanency: Child Welfare
922 KAR 1:050. Approval of adoption assistance.
922 KAR 1:310. Standards for child-placing agencies.
922 KAR 1:320. Services appeals.
922 KAR 1:330. Child protective services.
922 KAR 1:350. Family preparation.
922 KAR 1:480. Appeal of child abuse and neglect investigative findings.
Block Grants
922 KAR 3:020. Grant services and eligibility.
The Subcommittee adjourned at 10:00 a.m. until April 2004.