The November meeting of the Administrative Regulation Review Subcommittee was held on Wednesday, November 7, 2007, at 9:00 AM, in Room 149 of the Capitol Annex. Senator Dick Roeding, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Dick Roeding, Co-Chair; Senators Alice Forgy Kerr, Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Becky Gilpatrick, Melissa Justice, Kentucky Higher Education Assistance Authority; Katie Gabhart, Kentucky State Board of Elections; Angela Robinson, Finance and Administration Cabinet; Jennifer Jones, Terry Mumford, Eric Wampler, Kentucky Retirement Systems; Diane Fleming, Kentucky Board of Chiropractic Examiners; Dr. Jon Gassett, Benjy Kinman, Darin Moore, Morgain Sprague, Kentucky Department of Fish and Wildlife Resources; Dr. Robert Stout, Clint Quarles, Kentucky Department of Agriculture; Dan Maenza, Melany Taylor, Department of Parks; Karen Howard, Justice and Public Safety Cabinet; Carlos Cassady, Trevor Earl, Kentucky Motor Vehicle Commission; Paul McElwain, Kevin Noland, Roy Prince, Kentucky Board of Education; Sheila Lowther, Carla Montgomery, Joel Zakem, Department of Labor; DJ Wasson, Tonya Parsons, Kentucky Office of Insurance; Michael Bennett, Danny Chapman, Glenn Sexton, Office of Housing, Buildings and Construction; Shane O'Donley, Office of Health Policy; Diona Mullins, Office of Inspector General; Carrie Banahan, Barry Ingram, Stuart Owen, Department for Medicaid Services; Marnie Mountjoy, Department for Aging and Independent Living; Sharon Hilborn, Department for Human Support Services; Kathy Adams, Deborah Benassi, Elizabeth Caywood, Justin Dearinger, Rissie Forbes, Mike Grimes, Lisa Smith, Bobbie Walters, Department for Community Based Services; Mark Leach, Chris Wayne, Green River Hospice; Carole Christian, Hospice; Heidi Schussler, Protection and Advocacy; Susan Swinford, Hospice of the Bluegrass; Karen Hinkle, Kentucky Home Health Association; Vickie Wise, Child Victims' Trust Fund; Vickie Henderson, Rebecca Young, Kentucky Association of Children's Advocacy Center.
LRC Staff: Dave Nicholas, Donna Little, Kara Daniel, Emily Harkenrider, Laura Milam, Emily Caudill, Jennifer Beeler, Laura Napier, and Ellen Steinberg.
The Administrative Regulation Review Subcommittee met on Wednesday, November 7, 2007 and submits this report:
Other Business
Co-Chair Roeding stated he wanted to make agencies and citizens aware of Regwatch, a free online service launched by the Commonwealth Office of Technology to enable citizens to register to receive notification of newly proposed administrative regulations and changes to existing ones. He stated that users could register for updates by agency, by topic, or a combination of both. Regwatch was a result of legislation passed in 2006 to allow small businesses better access to administrative regulations that impacted them.
Administrative regulations reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: KHEAA Grant Programs
11 KAR 5:001. Definitions pertaining to 11 KAR Chapter 5. Becky Kilpatrick, student aid branch manager; and Melissa Justice, senior associate counsel, represented the authority.
A motion was made and seconded to approve the following amendments: 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.
11 KAR 5:034. CAP grant student eligibility.
A motion was made and seconded to approve the following amendments: 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.
KENTUCKY STATE BOARD OF ELECTIONS: Forms and Procedures
31 KAR 4:120. Additional and emergency precinct officers. Katie Gabhart, general counsel, represented the board.
In response to a question by Co-Chair Roeding, Ms. Gabhart stated that emergency election officers could be trained through supplemental training unless they were appointed on the day of the election. She stated that guidebooks containing all of the relevant law and election day procedures were available for every precinct officer. She stated that KRS 117.187 required that challengers be trained before they served during an election and that it set out the required training topics.
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 through 4, 6, and 7 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 7 to: (a) update the edition date for the "Additional Precinct Officer Request"; and (b) revise the "Additional Precinct Officer Request" to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
Voting
31 KAR 5:031. Repeal of 31 KAR 5:020 and 31 KAR 5:030.
In response to a question by Co-Chair Roeding, Ms. Gabhart stated that the statute allowed a person with a disability an unlimited amount of time to use any voting machine and that 31 KAR 5:030 was being repealed because it was more stringent than the statute.
FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules
105 KAR 1:390 & E. Employment after Retirement. Eric Wampler, general counsel; Terry Mumford, federal tax counsel; and Jennifer Jones, staff attorney, represented the system.
In response to a question by Representative Ford, Mr. Wampler stated that general discussions about returning to work after retirement may not constitute a prearranged agreement, which was prohibited. He stated that the employee and employer were required to sign a certification that there was no prearranged agreement that the employee would return to work. He stated that returning to work in a different position would only require the employee to stay off work one (1) month because that constituted a bona fide separation. An employee who retired and wanted to return to work for the same employer in the same position would be required to stay off work for six (6) months.
In response to a question by Senator Tapp, Mr. Wampler estimated that roughly 3,000 retirees had returned to work for the state out of a workforce of about 30,000.
In response to a question by Co-Chair Roeding, Ms. Mumford stated that state law required a true termination of employment before benefits began and federal law required a separation from employment to avoid adverse tax consequences. She stated that so long as there was a true termination of employment, there was nothing to prevent a retiree from returning to work.
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: (a) clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (b) illustrate the necessity for repeating some statutory language in order to comply with federal law and maintain the tax-qualified status of the plan; (3) to amend Sections 1 through 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 10 to: (a) update the edition date of the material; and (b) revise the form to make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT: Kentucky Board of Chiropractic Examiners: Board
201 KAR 21:032. Repeal of 201 KAR 21:031. Diane Fleming, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:060. Clinics; offices.
In response to a question by Co-Chair Roeding, Ms. Fleming stated that this administrative regulation established an application fee for clinics because no fee had previously been set for clinics. She stated there were no clinics in the state currently but the board wanted a fee established if a request to license a clinic was received.
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 Sections 1 through 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.
201 KAR 21:065. Professional advertising; Seventy-two (72) hour right of rescission.
In response to a question by Co-Chair Roeding, Ms. Fleming stated that if a patient went to a chiropractor because of an advertised special offer and received additional services that were not part of the special offer, the patient had seventy-two (72) hours to rescind an agreement to pay for the additional services.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 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.
COMMERCE CABINET: Kentucky Department of Fish and Wildlife Resources: Fish
301 KAR 1:016. Use of public lands and waters at department-owned lakes. Dr. Jon Gassett, commissioner; Benjy Kinman, fisheries director; and Morgain Sprague, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 5, 8, and 10 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:140. Special commercial fishing permit for Kentucky and Barkley lakes.
In response to questions by Senator Tapp, Mr. Kinman stated that approximately one million pounds of fish per year were caught by commercial fishing operations. He stated that commercial anglers had requested an increase in the net size to selectively harvest paddlefish, which were used for caviar. He stated that there was a protective size limit to protect reproductive stock.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify who qualified for a permit; (2) to amend Section 7 to clarify the length of suspension for violation of federal or state requirements; and (3) to amend Sections 2 and 7 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 1:155. Commercial Fishing requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify that only one unlicensed helper may assist while actively fishing; (2) to amend Section 8 to clarify the length of suspension for violation of federal or state requirements; and (3) to amend Sections 4, 7, and 8 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Hunting and Fishing
301 KAR 3:022. License, tag and permit fees.
In response to a question by Co-Chair Roeding, Mr. Gassett stated that the license term was lengthened because collecting such a small amount each year created an administrative burden.
A motion was made and seconded to approve the following amendments: to amend section 2 to comply with the formatting and drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Licensing
301 KAR 5:050. Purchasing licenses electronically.
Subcommittee staff stated that at the October meeting, the subcommittee requested that 301 KAR 5:030 Purchasing licenses and obtaining replacement licenses be called for review along with 301 KAR 5:050 because both required the applicant for a license to provide a Social Security number. Staff stated that the department had six (6) administrative regulations that required the applicant to provide a Social Security number. Staff stated that federal law required the use of a Social Security number or a state identification number that was linked to a Social Security number in order to facilitate child support collection. Staff stated that, in the absence of a state identification system, Kentucky may be penalized through withholding of federal money for the child support program if Kentucky did not collect applicants’ Social Security numbers.
A motion was made and seconded to approve the following amendments: to amend Section 1 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 AGRICULTURE: Livestock Sanitation
302 KAR 20:010. Definitions for 302 KAR Chapter 20. Dr. Robert Stout, state veterinarian; and Clint Quarles, staff attorney, 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; 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.
302 KAR 20:020. General requirements.
In response to questions by Senator Pendleton, Dr. Stout stated that these administrative regulations placed the same requirements on all farms regardless of size. He stated there was no requirement that permission be obtained before moving a sick cow for treatment, and there was no requirement that radio frequency identification devices be used to tag livestock instead of tattoos or ear tags. He stated there were provisions that allowed the appraisal, testing, and quarantine of sick animals, and for certain diseases, disposal of the animal.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to specify that this administrative regulation establishes the general requirements for interstate and intrastate movement of animals; (2) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations; (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; (4) to amend Sections 1, 2, and 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 3 to incorporate by reference the Reconsignee Certificate. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 20:030. Authority to inspect, test, identify, remove and dispose of livestock and poultry.
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, as required by KRS 13A.220; and (3) to amend 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.
302 KAR 20:040. Entry into Kentucky.
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 Sections 1 to 15 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 15 to incorporate by reference Form 9-3, Report of Sales of Hatching Eggs, Chicks and Poults. Without objection, and with agreement of the agency, the amendments were approved.
302 KAR 20:065. Sale and exhibition of Kentucky origin animals in Kentucky.
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 Sections 1 to 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.
302 KAR 20:261. Approved Kentucky Horse Sales.
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 Sections 1 to 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.
COMMERCE CABINET: Department of Parks: Parks and Campgrounds
304 KAR 1:040. Campgrounds. Dan Maenza, customer service director; and Melany Taylor, general counsel, represented the department.
In response to a question by Co-Chair Roeding, Mr. Maenza stated that pets were allowed at campgrounds if they were on a leash.
In response to a question by Representative Ford, Mr. Maenza stated that this administrative regulation was needed to clarify the authority of park personnel to enforce rules.
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 Section 1 to: (a) clarify that the campground rules established in this administrative regulation shall be posted at all state park campgrounds, as required by KRS 148.051(1); (b) establish that a camping permit shall note the campsite assignment; and (c) comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 2 to establish that, in addition to a camper, a camper's guest may also be removed from the state park property for a violation of this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:999. Corrections secured policies and procedures.
This administrative regulation was reviewed and amended, with agreement of the agency, by the Subcommittee in closed session pursuant to KRS 61.810(1)(k), KRS 61.815(2), and KRS 197.025(6).
TRANSPORTATION CABINET: Motor Vehicle Commission: Commission
605 KAR 1:031. Automotive mobility dealer requirements and licensing. Carlos Cassady, executive director; and Trevor Earl, counsel, represented the commission.
In response to a question by Co-Chair Roeding, Mr. Cassady stated that an automotive mobility dealer made modifications to automobiles to make them accessible to disabled persons.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; (2) to amend Section 1 to delete definitions that repeat or conflict with KRS 190.010; (3) to amend Sections 2 and 8 to specifically list quality assurance requirements and reference specific federal and state requirements; and (4) to amend the STATUTORY AUTHORITY paragraph and Sections 1 through 6 and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Pupil Transportation
702 KAR 5:080. Bus drivers' qualifications, responsibilities, and training. Kevin Noland, interim commissioner of education and general counsel; and Roy Prince, director of pupil transportation, represented the department.
In response to questions by Senator Tapp, Mr. Prince stated that federal law required both a pre- and post-trip inspection of a bus each time it was used. He stated that a full pre-trip inspection was conducted each morning, and a five-minute, walk-around inspection was conducted before later trips the same day. If a driver failed to conduct the inspections, he would be violating state and federal law and could be disciplined. He stated that drivers were paid to conduct these inspections as part of their contracts.
In response to questions by Representative Weston, Mr. Prince stated that drivers completed and turned in a daily checklist, supervisors reviewed the inspection checklists weekly, and mechanics compared the reports with the condition of the buses. He stated that private contractors are still used to provide and drive buses and that their buses were inspected by certified inspectors. He also stated that drivers were instructed to walk through the bus to check for children after each trip and that there was mechanical equipment at the back of the bus that the driver was required to activate to ensure that was done.
In response to question by Representative Lee, Mr. Prince stated that, apart from using badges which were easily lost, he was not aware of any equipment available that would count the number of children getting on and off the bus.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs 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; (3) to amend Sections 1, 2, 4, 6 through 9, 11 through 14, 16, 18, 19, 21, 26, 28, and 29 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 2 to provide that a temporarily-injured or ill bus driver may be assigned other duties until able to safely drive; and (5) to make technical revisions to material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Health and Physical Education Programs
704 KAR 4:020. School health services.
Co-Chair Roeding stated that this administrative regulation was the first step toward Kentucky adopting the new tuberculosis testing protocols established by the Centers for Disease Control and thanked the department for promptly adopting it. He stated that the new protocols recommended a tuberculosis risk assessment with targeted testing for those in a high risk group.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; (2) to amend Section 1 to clarify that the national average for cases of active tuberculosis is established by the Department for Public Health, Division of Epidemiology, Tuberculosis Control Program; (3) to amend Sections 1 through 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 6 to: (a) update the edition dates for the material incorporated by reference; and (b) revise one (1) form and incorporate one (1) form by reference. Without objection, and with agreement of the agency, the amendments were approved.
Office of Learning Support Services
704 KAR 7:101. Repeal of 704 KAR 7:100.
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; and (3) to amend Section 1 to include the citation for the administrative regulation being repealed. Without objection, and with agreement of the agency, the amendments were approved.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Department of Workers' Claims
803 KAR 25:040. Average weekly wage certification. Carla Montgomery, general counsel; Joel Zakem, attorney; and Sheila Lowther, chief administrative law judge, represented the department.
In response to questions by Representative Lee and Senator Tapp, Ms. Montgomery stated the department would provide to the members of the subcommittee an explanation of the claims process and any procedures in place that set a time limit for resolution of a claim and prevented a carrier from delaying the resolution and causing economic hardship for the claimant.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to clarify the process for certification of the average weekly wage; 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.
803 KAR 25:110. Workers' compensation managed health care plans.
In response to a question by Co-Chair Roeding, Ms. Montgomery stated that the increase in the required malpractice coverage limits should not create a problem because the health care plans already had that amount of coverage in place.
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; (3) to amend Section 1 to delete the definition of “Managed health care system,” which is defined in KRS 342.011(31); (4) to amend Section 5(3) to insert recertification standards; (5) to amend Section 7(3) to insert standards for termination or suspension of certification; (6) to amend Section 10(3) to clarify arbitration requirements; and (7) to amend Sections 1 through 14 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 25:251. Repeal of 803 KAR 25:250.
Office of Insurance: Health Insurance Contracts
806 KAR 17:545 & E. ICARE Program employer eligibility, application process, and requirements. D.J. Wasson, staff assistant; and Tonya Parsons, director of the ICARE program, represented the office.
In response to a question by Senator Tapp, Ms. Wasson stated that she believed the increase in application time from 31 days to 120 days would provide sufficient time for applicants to complete their applications.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 3, 7, 12, and 13 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 13 to correct the edition date of the application form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 17:555 & E. ICARE Program requirements.
In response to questions by Co-Chair Roeding, Ms. Parsons stated that the ICARE program had been helpful to small businesses and that 184 companies were participating. Ms. Wasson stated that they had worked with the chambers of commerce to raise awareness of the program. She stated that the administrative regulation defined a full-time employee as one who worked twenty-five (25) hours or more per week and defined full-time equivalent as the number obtained by dividing the total hours worked by all part-time employees by twenty-five (25).
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; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 5, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Office of Housing, Buildings and Construction: Manufactured Homes and Recreational Vehicles
815 KAR 25:040. Fire safety requirements in manufactured and mobile homes. Michael Bennett, staff attorney; Glenn Sexton, chair of the Manufactured Housing Licensing and Certification Board; and Danny Chapman, director of the manufactured housing division within the state fire marshal’s office, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for the administrative regulation; and (3) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 25:050. Administration and enforcement of manufactured housing construction standards.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete terms that were defined but not used in the administrative regulation; (2) to amend Section 9 to clarify that both the heating and cooling systems shall be inspected; (3) to amend Section 8 to clarify that it addressed exceptions for the requirement of a retail license; (4) to make technical corrections to the material incorporated by reference; and (5) to amend Sections 1 through 3, 5, and 8 through 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 25:060. Licensing of manufactured home retailers.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to clarify the requirements that must be met to obtain a license as a broker or lender; (2) to amend Section 3 to state the license fee was prorated on a monthly basis for periods less than one (1) year and establish the license expiration date; and (3) to amend Sections 1 through 3, and 5 through 8 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 25:070. Certification of manufacturers of manufactured homes.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to delete a citation; (2) to amend Section 1 to state the certification fee was prorated on a monthly basis for periods of less than one (1) year; and (3) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 25:080. Requirements for certifying manufactured home installers.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to state the certification fee was prorated on a monthly basis for periods of less than one (1) year; and (2) to amend Sections 1 through 3, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
815 KAR 25:090. Site preparation and installation minimum requirements
.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to insert a citation; (2) to amend Sections 1, 3, and 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to make technical corrections to the material incorporated by reference. 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: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services. Shane O’Donley, director, represented the division.
Heidi Schissler, division of protection and advocacy; Chris Wayne, Green River Hospice; Mark Leach, Green River Hospice; and Carole Christian appeared in opposition to this administrative regulation.
Karen Hinkle, Kentucky Home Health Association; and Suzanne Swinford, Hospice of the Bluegrass, appeared in support of this administrative regulation.
Ms. Schissler stated that her agency was opposed to this administrative regulation because it allowed the transfer of ICF beds from one ICF to another. She stated that institutionalizing patients was an outdated way to provide treatment and the outcome of a recent lawsuit determined that public beds could not be transferred to private institutions. The language should be changed to allow private beds to be transferred to another private institution but prohibit public beds from being transferred to a private institution.
Mr. Wayne stated that traumatic deaths should not be counted when assessing the need for hospice services because hospice services were not needed with such deaths. He stated that the regulation should include a critical mass requirement to ensure a new hospice provider was needed.
Ms. Christian stated that critical mass should be reached before a second hospice was approved for any particular county.
Ms. Swinford stated that she represented the majority of community-based hospices and that they supported this administrative regulation. She stated that they worked with the cabinet to develop a methodology that was fair. She stated that there remained four areas of the state where the needs of the terminally ill were unmet.
Office of Inspector General: Division of Health Care Facilities and Services: Health Services and Facilities
902 KAR 20:009. Facility specifications; hospitals. Diona Mullins, assistant director, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity of the administrative regulation; (3) to amend Section 2 to make the architect or engineer of record responsible for providing evidence of compliance with radiation protection requirements; (4) to amend Section 34 to clarify that a letter from the engineer of record or contractor stating that new or modified mechanical and electrical systems have been tested will satisfy the certification requirement; and (4) to amend Sections 2 through 8, 10 through 17, 19, 20, 22, 24, 27, 28, 31, 32, 34, and 35 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Medicaid Services
907 KAR 1:145 & E. Supports for community living services for an individual with mental retardation or a developmental disability. Carrie Banahan, deputy commissioner; and Barry Ingram, director, represented the department. Heidi Schissler, protection and advocacy division, appeared in opposition to this administrative regulation.
Ms. Schissler stated that the department had worked with her agency but they still had three concerns about this administrative regulation. She stated that her agency’s first concern was with the definition of “developmental disability”. The definition in this administrative regulation required both cognitive disability and adaptive impairments but it was defined to include either cognitive disability or adaptive impairments in two other administrative regulations. She stated that it made little sense to define it differently for one program than it was defined for two other programs.
She stated that her agency’s second concern was a change in what constituted a class III incident that must be reported. This administrative regulation previously stated that repeated medication errors were a reportable incident but after the amendment only medication errors that required medical intervention were reportable.
She stated that her agency’s third concern was with the emergency waiting list. The amendment to this administrative regulation required that all other service options were explored and exhausted before an emergency placement was made, which would create delays.
Ms. Banahan stated the department believed the current language was sufficient.
Representative Lee stated that while there were changes that were needed in the future, the administrative regulations contained many positive provisions and so should not be found deficient.
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 Sections 1 to 6 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 3 to specify that licensed or registered nurses were exempt from the medication administration training requirements, but not the documentation requirements; and (4) to amend Section 5 to specify that a consumer’s budget shall not exceed the average per capita cost of services provided to individuals in an ICF-MR-DD. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:170 & E. Reimbursement for home and community based waiver services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 4, 5, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 9 to update to the 2007 edition of the cost report and instructions. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:605. Medicaid procedures for determining initial and continuing eligibility.
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, 4, and 6 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 1:672 & E. Provider enrollment, disclosure, and documentation for Medicaid participation.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 1, 2, 3, 4, 5, and 6 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 3:005 & E. Physicians' 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 Sections 1, 2, 4, 5, and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 4 to modify the requirements for coverage for an evaluation and management service, by deleting the “per diagnosis” limitation and by deleting an exception for specific CPT codes. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 3:010 & E. Reimbursement for physicians' services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 4 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend Section 3 to establish a fixed rate of $150 for deep sedation or general anesthesia relating to oral surgery performed by an oral surgeon; and (3) to amend Section 4 to specify that any claim for an evaluation and management service in excess of the established limits shall be reimbursed as an evaluation and management service with a different CPT code. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 3:090 & E. Acquired brain injury services.
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 Section 1, 2, 4, and 6 to 10 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 2 to specify that licensed or registered nurses are exempt from the medication administration training requirements, but not the documentation requirements; (4) to amend Section 7 to establish written notification requirements if an individual is removed from the ABI waiting list; and (5) to amend Section 8 to specify that a consumer’s budget shall not exceed the average per capita cost of services provided to individuals with a brain injury in a nursing facility. Without objection, and with agreement of the agency, the amendments were approved.
Department for Aging and Independent Living: Division of Quality Living: Aging Services
910 KAR 1:260. Kentucky Family Caregiver Program. Marnie Mountjoy represented the department.
In response to a question by Co-Chair Roeding, Ms. Mountjoy stated that the address on the form to handle local resolution decisions was updated.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, 6 and 11 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 Human Support Services: Division of Child Abuse and Domestic Violence Services: Child Abuse and Domestic Violence Services
920 KAR 2:040 & E. Standards for children's advocacy centers. Sharon Hilborn represented the division.
Vicky Wise of the Child Victims’ Trust Fund, and Vickie Henderson of the Kentucky Association of Children’s Advocacy Centers appeared in support of this administrative regulation.
Representative Lee introduced an amendment that required the cabinet to allow an advocacy center ten (10) working days to review, sign, and return a contract to the cabinet. 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 Sections 1 through 6 to add requirements for the operation of the centers that were previously contained only in the contract and that govern the following topics: (a) criminal background checks; (b) training; (c) required services; (d) mental health screenings; (e) written policies and procedures; (f) insurance coverage; and (g) record keeping; (2) to amend Section 6 to require the cabinet to notify the Department for Medicaid Services and the Justice and Public Safety Cabinet of any designation of a center or rescission of a designation; and (3) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division of Protection and Permanency: Child Welfare
922 KAR 1:050 & E. Approval of adoption assistance. Mike Grimes and Elizabeth Caywood represented the division.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 6, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
922 KAR 1:360 & E. Private child care placement, levels of care, and payment.
A motion was made and seconded to approve the following amendments: (1) to amend Section 5 to correct a statutory citation; and (2) to amend Sections 4 through 6, 8, 10, and 11 to comply with the drafting and formatting 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:
GENERAL GOVERNMENT: Kentucky Real Estate Commission: Commission
201 KAR 11:170. Private school and course approval.
201 KAR 11:175. Pre-license and continuing education-certification requirements and approval process; withdrawal of approval; approved course categories for. Mandatory pre-license instructor continuing education requirements, exemptions, extensions, and waivers; noncompliance-procedural requirements for; instructor training program and provider requirements; monitoring.
201 KAR 11:210. Licensing, education, and testing requirements.
201 KAR 11:230. Mandatory continuing education, instructor requirements; out-of-state requirements; maintaining records; and actions for failure to comply.
201 KAR 11:240. Distance education, and education via interactive television-requirement, generally; exemptions; course criteria; course provider requirements.
201 KAR 11:450. Broker management course.
FINANCE AND ADMINISTRATION CABINET: State Tax Increment Financing Commission: Tax Increment Financing
103 KAR 50:020 & E. Application for state participation in tax increment financing projects. Angela Robinson, attorney, represented the cabinet. She requested that 103 KAR 50:020 and 103 KAR 50:040 be deferred until next month’s meeting. Without objection, the request was granted and the administrative regulations were deferred.
103 KAR 50:040 & E. General Administration.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Labor: Department of Workers' Claims
803 KAR 25:096. Selection of physicians, treatment plans and statements for medical services.
The Subcommittee adjourned at 11:25 until December 2007.