The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 13, 2008, at 10:00 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; Representative Robert R. Damron, Co-Chair; Joey Pendleton, and Gary Tapp; Representatives Danny Ford, Jimmie Lee, and Ron Weston.
Guests: Tom Crawford, David Gordon, Richard Dobson, Cindy Murphy, Department of Revenue; Nathan Goldman, Charlotte Beason, Kentucky Board of Nursing; Scott Porter, Kentucky Board of Licensure and Certification for Dietitians and Nutritionists; Karen Alexy, Darin Moore, Catherine York, Kentucky Department of Fish and Wildlife Resources; Karen Howard, Leigh Meredith, Steve Lynn, Justice and Public Safety Cabinet; Carrie Banahan, Kristina Hayden, Betsy Johnson, Department for Medicaid Services; Glenn Bryant, Donna Perkins, Department for Mental Health and Mental Retardation; Elizabeth Caywood, Justin Dearinger, Robin Herring, Sandra Canon, Department for Community Based Services; Heidi Schussler, Protection and Advocacy.
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 Tuesday, May 13, 2008, and submits this report:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:030 & E. Property and Severance Forms Manual. Tom Crawford, policy advisor; David Gordon, executive director, office of property valuation; and Richard Dobson, executive director, office of sales and excise taxes, represented the cabinet.
In response to a question by Co-Chair Roeding, Mr. Crawford stated that forms were available on the cabinet's Web site, at local property valuation offices, and at county clerks' offices.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 to 3 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Sections 1 and 3 to specify that the revenue forms included in packages are also incorporated by reference individually. Without objection, and with agreement of the agency, the amendments were approved.
Sales and Use Tax: Administration and Accounting
103 KAR 31:180 & E. Signature project refunds on construction costs.
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 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 Section 1 to add definitions for terms used in this administrative regulation; (4) to amend Section 2 to specify the requirements for filing the form titled "Information Sharing and Assignment for Designated Refund Claims"; (5) to amend Section 3 to delete provisions that conflict with current statutory provisions and that repeat provisions of 2008 House Bill 611; (6) to amend Section 6 to clarify that records are required to be kept for at least four (4) years as provided for in KRS 139.720; and (7) to amend Sections 1 to 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.
GENERAL GOVERNMENT CABINET: Kentucky Board of Nursing: Board
201 KAR 20:110. Licensure by endorsement. Nathan Goldman, general counsel, and Charlotte Beason, executive director, represented the board.
In response to a question by Co-Chair Roeding, Ms. Beason stated that licenses are now issued annually instead of biennially to standardize the board's finances.
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 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 through 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.
201 KAR 20:161. Investigation and disposition of complaints.
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; (3) to amend Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to amend Section 2 to clarify the procedure if there is insufficient evidence of a violation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:225. Reinstatement of license.
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 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure and Certification for Dietitians and Nutritionists: Board
201 KAR 33:020. Renewals. Scott Porter, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT. Without objection, and with agreement of the agency, the amendments were approved.
COMMERCE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:041. Shooting preserves and foxhound training enclosures. Karen Alexy, wildlife division director; Darin Moore, director; and Catherine York, deputy general counsel, represented the department.
In response to a question by Senator Tapp, Mr. Moore stated that the amendment to this administrative regulation added another licensing option by creating a shooting preserve hunting license valid only for the preserve for which it was purchased. He stated that a person who did not have another hunting license had the option to purchase this five dollar license for a specific preserve.
A motion was made and seconded to approve the following amendments: (1) to amend the Title to clearly reflect the content of the administrative regulation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and the function served by this administrative regulation; and (3) to correct various sections to change the term "shooting preserve" to "shooting area" to match the statutory requirements. 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 6:120. Blackburn Correctional Complex. Karen Howard, staff attorney, and Leigh Meredith, staff attorney, represented the department.
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).
Kentucky Law Enforcement Council: Council
503 KAR 1:190 & E. Kentucky Law Enforcement Council. Steve Lynn, assistant general counsel, represented the council.
In response to a question by Co-Chair Roeding, Mr. Lynn stated that firearms training was included in the court security officer training but he did not know how many hours it was. He stated that he would get that information and would look into whether or not training for a concealed carry permit could be incorporated or made available as part of the training.
In response to questions by Co-Chair Damron, Mr. Lynn stated that there was no requirement in this or other administrative regulations that concealed carry permit instructors record the serial numbers of firearms and the names of gun owners in the concealed carry class. He stated he would investigate whether that was a policy.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct citations; and (2) to amend Sections 1 through 6 and 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Medicaid Services
907 KAR 1:160 & E. Home and community based waiver services. Betsy Johnson, commissioner; Carrie Banahan, deputy commissioner; and Kristina Hayden, policy analyst, represented the department. Heidi Schissler, legal director, represented Kentucky Protection and Advocacy.
Ms. Schissler stated that in response to her office's concerns expressed at the April meeting of the Subcommittee, the cabinet had checked with the federal Center for Medicaid Services (CMS) and learned that CMS did not allow more assumption of risk under this type of waiver. She stated that her office maintained that assumption of risk would continue to be an issue but acknowledged that the cabinet could not change the language as her office had requested.
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 Section 1 to clarify the difference between "plan of care" and "plan of treatment"; (3) to amend Section 6 to specify that goods or services covered under the consumer directed option are required to meet identified needs required by the individual's plan of care, which are necessary to ensure the health, welfare, and safety of the individual; (4) to amend Sections 1, 2, 3, 5, 6, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (5) to amend Section 9 to incorporate by reference the Kentucky Consumer Directed Option Employee Provider Contract. Without objection, and with agreement of the federal Centers for Medicare and Medicaid Services (CMS), the amendments were approved.
Department for Mental Health and Mental Retardation: Institutional Care
908 KAR 3:060. "Means test" pursuant to the "Patient Liability Act of 1978." Donna Perkins, division director, and Glenn Bryant, assistant director, represented the department.
A motion was made and seconded to approve the following amendments: to amend the Title, the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, and Sections 2, 3, 6, and 7 to comply with the changes made to this administrative regulation in 2007. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Day Care
922 KAR 2:170. STARS for KIDS NOW Program for Type I licensed child-care centers. Sandra Noble Canon, director; Robin Herring, branch manager; and Elizabeth Caywood, policy analyst, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a statutory citation; (2) to amend Section 5(8) to clarify that staff certification requirements include substitutes; and (3) to amend Sections 1, 3 through 6, 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.
922 KAR 2:210. STARS for KIDS NOW Program for Type II licensed and certified family child-care homes.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to delete a statutory citation; (2) to amend Section 4(4) to clarify the exceptions to requiring a Level 2 environmental assessment score of at least three; (3) to amend Section 8(4) to clarify that a quality incentive award shall be paid annually; and (4) to amend Sections 1 through 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.
Other Business:
Kentucky Board of Medical Licensure
Dave Nicholas, committee staff administrator, stated that at its December 2007 meeting, the Subcommittee approved a motion that ARRS staff write a letter to the Kentucky Board of Medical Licensure (KBML) requesting information about their guidelines for physicians who enter into collaborative agreements with Advanced Registered Nurse Practitioners (ARNPs). At issue was whether the guidelines should be placed in an administrative regulation and whether the KBML had the authority to do so.
Mr. Nicholas outlined the contents of the KBML's response to the December letter as well as relevant statutes and administrative regulations, the staff's analysis, and the recommended actions to be taken.
A motion was made and seconded to send a copy of the Subcommittee staff's written analysis to the KBML and the Board of Nursing, request a response from the KBML by Thursday, June 5, and encourage the KBML to attend the Subcommittee's June meeting to provide testimony as needed. Without objection, the motion was approved.
The following administrative regulations were deferred to the next meeting of the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications.
KHEAA Grant Programs
11 KAR 5:145. CAP grant award procedure.
Robert C. Byrd Honors Scholarship Program
11 KAR 18:010. Robert C. Byrd Honors Scholarship Program.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Tax Increment Financing
103 KAR 50:050. Incremental revenues for income and limited liability entity taxes.
GENERAL GOVERNMENT CABINET: Kentucky Board of Veterinary Examiners: Board
201 KAR 16:110. Prescriptions and dispensation of drugs for animal use.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Driver Improvement
601 KAR 13:070. KRS 159.051. Compliance verification for a minor.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:270. SEEK funding formula.
School Terms, Attendance and Operation
702 KAR 7:065. Designation of agent to manage high school interscholastic athletics.
ENVIRONMENTAL AND PUBLIC PROTECTION CABINET: Department of Public Protection;
Office of Insurance: Trade Practices and Frauds
806 KAR 12:180. Military sales practices.
Kentucky Horse Racing Authority: Thoroughbred Racing
810 KAR 1:015. Claiming races.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Secretary: E-Health
900 KAR 7:020. Kentucky e-Health Corporation.
Department for Medicaid Services: Medicaid Services
907 KAR 1:013 & E. Diagnostic-related group (DRG) inpatient hospital reimbursement.
The Subcommittee adjourned at 11:20 a.m. until June 10, 2008.