The November meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, November 14, 2006, at 10:00 AM, in Room 125 of the Capitol Annex. Representative Tanya G Pullin, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Richard "Dick" Roeding, Co-Chair; Representative Tanya G Pullin, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives James E Bruce, Jimmie Lee, and Jon David Reinhardt.
Guests: David T. Buckingham, William O. Thom, University of Kentucky; Alicia Sneed, Cindy Owen, Education Professional Standards Board; David Worley, Kentucky Department of Veterans' Affairs; Richard Dobson, Gary Morris, Bethany Atkins Rice, Angela Robinson, Finance and Administration Cabinet; James Grawe, Natalie Tinsley, Board of Occupational Therapy, Jim Lane, Morgan Sprague, Department of Fish and Wildlife; Karen Howard, Barney Kinman, Amy Barker, Justice and Public Safety Cabinet; Chuck Stribling, David Stumbo, Kembra Taylor, Department of Labor; Laura Moore, Virginia Davis, Environmental and Public Protection Cabinet, Susan Bush, Mike Haines, Department of Natural Resources; Shane O'Donley, Cabinet for Health and Family Services, Carrie Banahan, Stuart Owen, Department of Medicaid Services; Elizabeth Caywood, David Gayle, Department of Community Based Services, Gail Robinson, Department of Public Advocacy; Heidi Schissler, Protection and Advocacy.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Kara Daniel, Mark Matics, Laura Milam, Emily Harkenrider, Roslyn Hendrickson and Ellen Steinberg.
Administrative Regulations Reviewed by the Subcommittee:
UNIVERSITY OF KENTUCKY:
Agriculture Experiment Station:
Division of Regulatory Services: Seed
12 KAR 1:114. Repeal of 12 KAR 1:115. William O. Thom and David Buckingham represented the university.
EDUCATION PROFESSIONAL STANDARDS BOARD:
Internship
16 KAR 7:020. Kentucky Principal Internship Program. Alicia Sneed and Cindy Owen represented the board. In response to questions by Co-chair Roeding and Senator Tapp, Ms. Sneed stated that this administrative regulation implements the internship program required by law. She stated that the principal mentor was a practicing principal who assisted the principal intern and served on the principal internship committee. The mentor received a $1400 stipend which is the same amount received by a teacher mentor.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 5, 6, 8, 9, 12, 13, 14, 16, and 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GOVERNOR'S OFFICE:
Kentucky Department of Veterans Affairs:
Certification
17 KAR 4:010. Veteran's Service Organization Burial Honor Guard Program. David Worley, cemetery branch manager, represented the department. In response to a question by Co-chair Roeding, Mr. Worley stated that the $85,000 budget was spent on stipends to provide burial honors. The amounts of the stipends varied with the honors provided.
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; (2) to amend Sections 1, 2, and 3 and the form incorporated by reference to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to create a new section to clearly establish the requirements for receiving a stipend (in the body of the administrative regulation, instead of on the application form). Without objection, and with agreement of the agency, the amendments were approved.
FINANCE AND ADMINISTRATION CABINET:
Department of Revenue:
Office of Income Taxation:
Income Tax; Corporations
103 KAR 16:290. Apportionment; property factor. Gary Morris, executive director; Bethany Rice; and Richard Dobson, executive director, represented the department. In response to a question by Co-chair Pullin, Mr. Morris stated that these administrative regulations incorporated the information and guidance previously published in circulars. In response to questions by Representative Bruce, Mr. Dobson stated they had received complaints from wholesalers about the quality of the cigarette stamps. He stated they were in discussions with industry representatives about the problem.
A motion was made and seconded to approve the following amendments: amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 5, 6, 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.
103 KAR 16:360. Deductibility of the New York Franchise Tax on Business Corporations, the Massachusetts Corporate Excise Tax, and West Virginia Business and Occupations Tax in Computing a Corporation's Net Income.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 16:370. Corporation Income Tax Treatment of Foreign Sales Corporations and Domestic International Sales Corporations.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
103 KAR 16:390. Attachment for Corporate Officer Information - Form 720, Form 720S and Form 765, Schedule Q.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Income Tax; Individual
103 KAR 17:120. Estimated tax penalty.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) to amend Sections 1, 2, 3, and 4 to: (a) comply with the drafting and format requirements of KRS Chapter 13A; and (b) delete provisions that summarized or repeated statutory provisions, as required by KRS 13A.120. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 17:130. Individual Income Tax - Military Personnel - Nonresidents.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) to amend Sections 1, 2, 4, 5, 6, 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.
Income Tax Withholding
103 KAR 18:172. Withholding Tax Circulars.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and 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.
103 KAR 18:180. Kentucky Industrial Revitalization Act Job Revitalization Assessment Fees.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) 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.
103 KAR 18:190. Kentucky Rural Economic Development Act Job Development Assessment Fee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) 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.
103 KAR 18:200. Kentucky Industrial Developmental Act Job Development Assessment Fee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) 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.
103 KAR 18:210. Kentucky Jobs Development Act Service and Technology Job Creation Assessment Fee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 1 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, as required by KRS 13A.220; and (3) 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.
103 KAR 18:220. Kentucky Economic Opportunity Zone Job Development Assessment Fee.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) 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.
Sales and Use Tax; Miscellaneous Retail Transactions
103 KAR 28:150 & E. Collection of sales tax on certain motor vehicle sales.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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, as required by KRS 13A.220; and (3) 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.
GENERAL GOVERNMENT CABINET:
Board of Licensure for Occupational Therapy:
Board
201 KAR 28:090. Renewals. James Grawe, assistant attorney general; and Natalie Tinsley, Chairman of the Board of Occupational Therapy, represented the board.
201 KAR 28:220. Per diem of board members.
COMMERCE CABINET:
Department of Fish and Wildlife Resources:
Game
301 KAR 2:015. Feeding of wildlife. Jim Lane, division director; and Morgan Sprague, counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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 1-2 to comply with the formatting and drafting requirements of KRS Chapter 13A; (4) to amend Section 1 to add areas occupied by captive cervids and wildlife being rehabilitated to the definitions of curtilage of the home; and (5) to amend Section 2 to allow the feeding of wildlife in a zoo or other facility that keeps or exhibits wildlife. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting.
301 KAR 2:226 & E. Youth waterfowl, moorhen and gallinule hunting seasons. In response to a question by Co-chair Pullin, Mr. Lane stated that a gallinule is a water fowl similar to a duck.
Hunting and Fishing
301 KAR 3:010. Public use of Wildlife Management Areas. In response to questions by Senator Tapp, Mr. Lane said that this administrative regulation prohibits horseback riding during firearm season in wildlife management areas in order to minimize disturbances for hunters and maintain the safety of horseback riders. He stated that no public comments were received.
301 KAR 3:100. Special commission permits.
A motion was made and seconded to approve the following amendments: to amend Section 2 to correct two minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Water Patrol
301 KAR 6:020. Boating safety equipment. In response to questions by Senator Roeding and Co-chair Pullin, Ms. Sprague stated that the amendment to this administrative regulation will bring Kentucky’s requirements regarding boat lights into compliance with federal regulations and will allow boaters to use the same equipment in Kentucky as in other states. In response to questions from Co-chair Pullin, Ms. Sprague stated there was not a grace period in the regulation but that department would implement one through its policies in order to allow boaters time to make the required changes to their boats.
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; and (3) to amend Sections 1-6 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET:
Office of Investigations:
Abuse Investigation
500 KAR 13:020. Office of Investigations. Karen Howard and Barney Kinman represented the cabinet.
Gail Robinson of the Department of Public Advocacy appeared in opposition to this administrative regulation. She stated that the amendment would make the investigation of special incidents involving juveniles by the Office of Investigations discretionary and would allow referral of the investigation of an incident to the Department of Juvenile Justice, thereby allowing DJJ to investigate itself.
Ms. Howard stated she had prepared an amendment to the regulation that would address that issue. She stated that the amendment provided that the most serious types of special incidents would be required to be investigated by the Office of Investigations and that for all other types of special incidents, the Office of Investigations would require DJJ to provide an investigative report and supporting documentation for review.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to specify that the Office of Investigations shall conduct an investigation or preliminary inquiry of more serious special incidents, and shall review an investigative report and supporting documentation regarding less serious special incidents; (2) to amend Section 7 to update the edition date of a form incorporated by reference; and (3) to amend Sections 1, 2, and 3 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Corrections:
Office of the Secretary
501 KAR 6:130. Western Kentucky Correctional Complex. Amy Barker, assistant general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend policy WKCC 06-00-01 incorporated by reference to clarify the conditions under which inmate information may be released; and (2) to amend Section 1 and various policies and procedures incorporated by reference 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 Labor: Division of Occupational Safety and Health Compliance:
Division of Occupational Safety and Health Education and Training:
Occupational Safety and Health
803 KAR 2:403 & E. Occupational health and environmental controls. David Stumbo, health standards specialist; Kembra Taylor, attorney; and Chuck Stribling, safety standards specialist, represented the department. In response to questions from Co-chair Roeding, Mr. Stumbo stated that these amendments to the regulations are no stricter than federal standards except for the steel erection fall protection requirement which has been enforced in Kentucky for many years.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:417. Steel Erection.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend the STATUTORY AUTHORITY paragraph to correct a typographical error; (3) 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; and (4) to amend Sections 3 and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:422. Rollover protective structures; overhead protection.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend the STATUTORY AUTHORITY paragraph to correct a typographical error; (3) 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; and (4) to amend Sections 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:425 & E. Toxic and hazardous substances.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:500 & E. Maritime employment.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Alcoholic Beverage Control:
Licensing
804 KAR 4:170. Through transporter's. Laura Moore and Virginia Davis represented the office. In response to questions by Co-chair Pullin, Ms. Moore stated that four of these administrative regulations were directly related to Senate Bill 82 passed during the 2006 session and that all of the application forms were moved into a single regulation. She stated that no public comments were received.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify the subject matter of this administrative regulation; (2) to amend Section 1 to clarify that a license shall be issued after approval; and (3) to amend Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:230. Extended hours supplemental licenses.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 4 and 7 to correct statutory citations; (2) to amend Section 10 to include the full title of the document incorporated by reference; and (3) to amend Sections 2, 4, 5, 6, 8, 9, and 10 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:240. Registration of brands.
A motion was made and seconded to approve the following amendment: 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 amendment was approved.
804 KAR 4:250. Special temporary licenses.
A motion was made and seconded to approve the following amendments: Amends the NECESSITY, FUNCTION, AND CONFORMITY paragraph, and Sections 3 and 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:330. Procedures for violations of KRS 244.165.
804 KAR 4:340. Brew-on-premises license.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 6, and 8 to clarify that a brew-on-premises establishment must be licensed; and (2) to amend Sections 3, 6, 7, 9, and 12 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:350. Out-of-state brewer license.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to add a statutory citation; and (2) to amend Section 3 to include the correct title of the document incorporated by reference and comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:380. Small farm winery license application and operations.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify the subject matter of this administrative regulation; (2) to amend the STATUTORY AUTHORITY to delete a citation; (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function of this administrative regulation; (4) to amend Section 1 to include the correct title of the document incorporated by reference; and (5) to delete Section 3 to comply with the drafting requirements of Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:385. Using the word "Kentucky" on wine labels prohibited - exceptions.
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; (2) to amend Section 1 to delete an incorrect statutory citation and clarify how a product integrity investigation is conducted; and (3) to amend Section 3 to insert a citation to a federal regulation. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:400. ABC basic application form incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct the license titles; (2) to amend Section 3 to correct the website address; and (3) to amend Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:410. ABC schedules forms incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify the subject matter of this administrative regulation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the function served by this administrative regulation; (3) to amend Section 2 to correct the website address; and (4) to amend Sections 1 and 2 to correct the titles of the documents incorporated by reference and to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:420. Small farm winery wholesaler license application forms.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO section 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; and (3) 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.
Department of Natural Resources:
Office of Mine Safety and Licensing:
Sanctions and Penalties
805 KAR 8:060 & E. Criteria for the imposition and enforcement of sanctions against licensed premises. Susan Bush and Mike Haines represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; 2) to amend Section 1(7) to clarify the definition of "subsequent offense"; (3) to amend Sections 2 and 4 to clarify that penalties will be assessed in proportion to the seriousness of the violations and the facts of each case; (4) to amend Section 2 to clarify that civil monetary penalties will be assessed in accordance with the factors established in KRS 351.194(7); and (5) to amend Sections 1 through 4 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department of Natural Resources:
Office of Mine Safety and Licensing:
Kentucky Mine Safety Review
825 KAR 1:020 & E. Administrative hearings procedures.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add statutory citations; (2) to amend Section 2(2) to state that the requirement that certain parties be represented by an attorney is in accordance with S.C.R. 3:020; and (3) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 8, 11, 19, 20, and 26 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES:
Office of Health Policy:
Division of Certificate of Need:
Certificate of Need
900 KAR 6:030 & E. Certificate of need expenditure minimums. Shane O’Donley represented the cabinet. In response to questions by Representative Bruce and Co-chair Roeding, Mr. O’Donley stated the amendment to this regulation would increase the capital expenditure minimum by the federal price index to allow more projects without first obtaining a certificate of need.
A motion was made and seconded to approve an amendment to correct the name of the federal agency referred to in the regulation. Without objection, and with agreement of the agency, the amendment was approved.
A motion was made and seconded to approve the following amendment: to amend the STATUTORY AUTHORITY paragraph to correct a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.
Department for Medicaid Services:
Division of Administration and Financial Management:
Medicaid Services
907 KAR 1:011 & E. Technical eligibility requirements. Carrie Banahan and Stuart Owen represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 3, 5, 6, 8, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 5 to specify that an individual who previously received Medicare or SSI is also exempt from providing further documentation of US citizenship or nationality. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:012 & E. Inpatient hospital services.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:014 & E. Outpatient hospital services.
In response to questions by Co-chair Pullin, Ms. Banahan stated that, in accordance with the amendment, prior authorization was not required for treatment of a patient in an observation bed for one day.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, and 4 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 2(2)(b) to specify that services provided to a recipient in an observation bed shall not be subject to prior authorization; and (3) to amend Section 4 to: (a) delete therapy limits for recipients of Family Choices benefits; and (b) establish the procedure for requesting an override of the established limits. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:026 & E. Dental Services.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 4, 5, 6, 8, 9, 10, 13, 15, and 17 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:031 & E. Payments for home health services.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 3, 4, 5, 8, and 13 to 18 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:038 & E. Hearing and vision program services.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to delete the limit of one complete hearing or hearing aid evaluation per year. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:350 & E. Coverage and payments for organ transplants.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 4, and 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 3(4)(b) to establish the criteria for determining if a hospital is in good standing. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:479 & E. Durable medical equipment covered benefits and reimbursement.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 3, 4, 5, 6, 7, 8, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 7(1) to require prior authorization for a loaner item for a member-owned piece of equipment that is being repaired. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:604 & E. Recipient cost-sharing.
In response to questions from Co-Chair Pullin, Ms. Banahan stated recipients whose income is below 100 percent of the federal poverty level would receive services regardless of their ability to pay a co-pay. She stated that the Medicaid Management Information System and the pharmacy benefit administrator were used to track co-pays until they hit the maximum out-of-pocket limit. Regarding coverage limits, she stated that a recipient was able to utilize the entire amount available to access services and then pay any additional costs individually.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 to 7, and 10 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Sections 2, 3, 4, and 5 to clarify the coverage categories listed in the tables; and (4) to amend Section 6 to specify that there is no cost-sharing for services furnished to individuals who have reached their 18th birthday but have not turned 19. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:626 & E. Reimbursement of dental services.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 3, and 5 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:900 & E. KyHealth Choices Benefit Packages.
In response to questions by Co-chair Roeding, Ms. Banahan stated that letters to recipients were mailed in May explaining the benefit package in which they would be included. She said the cabinet intended to send another recipient letter as well as a provider letter in January explaining the changes that were made.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Payment and Services
907 KAR 3:005 & E. Physician's services.
In response to questions by Co-chair Pullin, Ms. Banahan stated all physicians were treated the same regarding co-pays with the exception of opthalmologists. She stated that for all other physician services, the co-pay was additive and was not deducted from the doctor’s claim if it was not received. For opthalmologists, it was deducted because a $2 co-pay was charged for vision services for many years.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend Section 1, 2, 34, 5, 6, and 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 6 to: (a) delete therapy limits for recipients of Family Choices benefits; and (b) establish the procedure for requesting an override of the established limits. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 3:125 & E. Chiropractic services and reimbursement.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 3:130 & E. Medical Necessity and clinically appropriate determination basis.
In response to questions by Co-chair Pullin, Ms. Banahan stated that for procedures that are not on Interqual, the cabinet used Medicare criteria or had physicians develop criteria to determine medical necessity and clinical appropriateness.
Heidi Schissler, legal director of the Department of Protection and Advocacy, appeared in opposition to this administrative regulation. Ms. Schissler stated that the proposed regulation created a problem under the Due Process Clause of the U.S. Constitution because recipients would not be able to access the reason for a denial of service without purchasing the Interqual criteria from McKesson Health Solutions for several thousand dollars.
After discussion, Ms. Banahan suggested an additional amendment of this administrative regulation that would require the letter of denial to include the specific clinical reason for the denial, along with any other appropriate criteria. A motion was made and seconded to approve this amendment. Without objection, and with agreement of the agency, the amendment was approved.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 1(1) to specify that “clinical criteria” means the nationally-recognized clinical criteria known as Interqual developed by McKesson Health Solutions for which the department has contracted and to provide information on how to obtain a copy of the criteria; and (3) to create a new Section 4 to authorize the department’s medical director to reverse or approve a denial of a request for service. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services :
Division of Child Support
Child Support
921 KAR 1:420. Child Support Distribution. Elizabeth Caywood, commissioner’s office; and David Gayle, regulation coordinator, represented the department. In response to questions by Co-chair Roeding, Ms. Caywood stated that the change in this administrative regulation proportionately distributed any excess payment received across all of the obligor’s orders and arrearages. She stated that an obligor had to approach the county attorney or the courts to modify a child support order to reflect a change in income.
A motion was made and seconded to approve the following amendments: 1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert statutory citations; 2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation; and 3) to amend Sections 6 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.
Department for Community Based Services:
Day Care
922 KAR 2:170 & E. STARS for KIDS NOW Program for Type I licensed child care centers.
In response to questions by Co-chair Roeding and Representative Bruce, Ms. Caywood stated that this administrative regulation changed the frequency and review criteria to match the recommendations of the National Association for the Education of Young Children. She stated that the program was voluntary and cost neutral.
A motion was made and seconded to approve the following amendments: 1) to amend the RELATES TO paragraph to insert a statutory citation; 2) to amend Section 2(5) to clarify that any center applying for or participating in the STARS program shall not have certain actions against the center's license and shall pay all civil penalties in certain circumstances; 3) to amend Sections 3 through 6 to correctly reference requirements found in other sections of the administrative regulation; 4) to rewrite Section 7 to correctly state the requirements for achievement awards and quality incentive awards; and 5) to amend Sections 1 through 7, 10, 12, and 13 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 2:210 & E. STARS for KIDS NOW Program for Type II licensed child care centers.
A motion was made and seconded to approve the following amendments: 1) to amend the RELATES TO paragraph to insert a statutory citation; 2) to amend Section 1 to insert a definition for "Certified family child care home"; 3) to amend Sections 4 through 6 to correctly reference requirements found in other sections of the administrative regulation; 4) to rewrite Section 7 to correctly state the requirements for achievement awards and quality incentive awards; and 5) to amend the TITLE and Sections 1 through 7, 10, 12, and 13 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET:
Department for Environmental Protection:
Division of Water:
Water Resources
401 KAR 4:060. Stream construction criteria.
Department of Labor:
Division of Occupational Safety and Health Compliance:
Division of Occupational Safety and Health Education and Training:
Occupational Safety and Health
803 KAR 2:600. Occupational safety and health standards for agriculture. David Stumbo, health standards specialist; Kembra Taylor, attorney; and Chuck Stribling, safety standards specialist, represented the department.
The department requested deferral of this administrative regulation until the next meeting. Without objection, and with agreement of the subcomittee, this administrative regulation was deferred.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET:
Department of Public Protection:
Kentucky Horse Racing Authority:
Thoroughbred Racing
810 KAR 1:080. International wagering hubs.
Harness Racing
811 KAR 1:005. Definitions.
811 KAR 1:010. Associations.
811 KAR 1:015. Race officials.
811 KAR 1:020. Registration and identification of horses.
811 KAR 1:025. Farm or stable name.
811 KAR 1:030. Eligibility and classification.
811 KAR 1:035. Claiming races.
811 KAR 1:040. Stakes and futurities.
811 KAR 1:045. Entries.
811 KAR 1:050. Entries and starters; split races.
811 KAR 1:055. Declaration to start; drawing horses.
811 KAR 1:060. Postponement; rescheduling, purses.
811 KAR 1:065. Starting.
811 KAR 1:075. Racing and track rules.
811 KAR 1:080. Placing; money distribution.
811 KAR 1:085. Conduct of racing.
811 KAR 1:090. Medication; testing procedures; prohibited practices.
811 KAR 1:095. Disciplinary Measures and Penalties.
811 KAR 1:100. Protests.
811 KAR 1:105. Review and appeal.
811 KAR 1:110. Timing and records.
811 KAR 1:130. Security; persons permitted on licensed premises.
811 KAR 1:135. Identification cards and badges.
811 KAR 1:140. Post time; entry number.
811 KAR 1:145. Number of races per program.
811 KAR 1:155. Postponements; decision on.
811 KAR 1:160. Association with undesirables prohibited.
811 KAR 1:171. Repeal of 811 KAR 1:165, 1:170, 1:180 and 1:190.
811 KAR 1:175. Tack inspection.
811 KAR 1:195. Track deductions from wagers.
811 KAR 1:215. Kentucky Standardbred Development Fund.
811 KAR 1:220. Harness racing at county fairs.
811 KAR 1:225. Substance abuse by Authority employees and licensees.
The subcommittee adjourned at 11:35 a.m. until December 12, 2006 at 10 a.m.