The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, September 8, 2009, at 1:00 PM, in Room 149 of the Capitol Annex. Senator Elizabeth Tori, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Elizabeth Tori, Co-Chair; Representative Leslie Combs, Co-Chair; Senators David Givens, Alice Forgy Kerr, and Joey Pendleton; Representatives Robert R. Damron, Danny Ford, and Jimmie Lee.
Guests: Diana Barber, Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Michael Burleson, Kentucky Board of Pharmacy; Karen Greenwell, Noel Record, Kentucky Board of Barbering; Nathan Goldman, Board of Nursing; Margaret Everson, Karen Alexy Waldrop, Catherine York, Kentucky Department of Fish and Wildlife Resources; Lora Gowins, Kelley Herbert, Ty Martin, Division for Air Quality; Mark Mangeot, Morgain Sprague, Justice and Public Safety Cabinet; Carol Brent, Crystal Casey, Ann Dangelo, Dawn Mattingly, Bonnie Lynch, David Steele, Kentucky Transportation Cabinet; Kim Collings, Marvin Combs, Division of Oil and Gas; Sharon Clark, Frank Goins, David Hurt, John Love, Tonya Parsons, Amanda Ross, DJ Wasson, Kentucky Department of Insurance; Carrie Banahan, Kerry Harvey, Betsy Johnson, Patricia Wilson, Neville Wise, Cabinet for Health and Family Services; Sarah Nicholson, Kentucky Hospital Association; Laura Belcher, Bill Kindred, T.J. Samson Community Hospital; Travis Bailey, St. Claire Regional Medical Center; Tim Brady, Our Lady of Peace; Jeff Earlywine, Boone County; Nina Eisner, The Ridge Behavioral Health System; Leslie Flechler, Lincoln Trail Behavioral Health System; Lance Folske, Rivendell Behavioral Health Services; Nancy Galvagni, Kentucky Hospital Association; Janet Feldcamp, Kathy Perry, Lisa Hinkle, Caresprings; Shane Koch, The Brook Hospital; Margaret Levi, Ephraim McDowell Regional Medical Center; Robert Long, Baptist Life Communities; Ruby Jo Lubarsky; Kelly Miller, Ridge Behavioral Health System; Steve Pendery; Janice Richardson, Rivendell Behavioral Health Services; Mike Rust, Kentucky Hospital Association; Shelly Shelby; Carolyn Wells, St. Claire Regional Medical Center; Greg Wells; Geoffrey Wilson, Ridge Behavioral Health System; Hollie Phillips, Joy Freeman.
LRC Staff: Dave Nicholas, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, Emily Caudill, Jennifer Beeler, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, September 8, 2009, and submits this report:
The Subcommittee determined that the following administrative regulation did not comply with statutory requirements and was deficient:
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:075. Certificate of Need nonsubstantive review. Carrie Banahan, executive director, and Elizabeth Johnson, commissioner of the Department of Medicaid Services, represented the office. Tim Brady, CEO of Our Lady of Peace; Nina W. Eisner, CEO of the Ridge Behavioral Health System, member of the Kentucky Hospital Association Board of Trustees, and member of the Kentucky Hospital Association Psychiatric Forum; Nancy Galvagni, senior vice president of the Kentucky Hospital Association; Robert Long, CEO and president of Baptist Life Communities; Ruby Jo Lubarsky, president of the Kentucky Association of Hospital Care Facilities; Mark Russ, president of the Kentucky Hospital Association; Tim Veno, CEO and president of the Kentucky Association of Homes and Services for the Aging; and Greg Wells, chairman of the board for the Kentucky Association of Hospital Care Facilities, appeared in opposition to this administrative regulation. Jeff Earlywine, county administrator for Boone County; Lisa Hinkle, of Carespring; and Steve Pendery, judge executive of Campbell County, appeared in support of this administrative regulation.
In response to questions by Co-Chair Combs, Ms. Banahan stated that in 2005 a primary angioplasty pilot project was established. The two (2) hospitals successfully completed the pilot project and had outcomes comparable to the national levels. Given that success in providing emergency services, the hospitals wanted to have the ability to provide emergency and elective services.
Senator Givens stated his appreciation for the pilot project, which allowed the two (2) hospitals to provide emergency angioplasty in rural areas. Senator Givens proposed an amendment to allow nonsubstantive review of proposals to establish a therapeutic cardiac catheterization program for acute-care hospitals that previously were granted a certificate of need to participate in a primary angioplasty pilot project. A motion was made by Senator Givens and seconded by Representative Ford to approve the following amendments: (1) to amend Section 1 to establish a definition of "therapeutic cardiac catheterization outcomes"; and (2) to amend Section 2(2) to require nonsubstantive review of proposals to establish a therapeutic cardiac catheterization program for acute-care hospitals that previously were granted a certificate of need to participate in a primary angioplasty pilot project, to enable those hospitals to provide primary and elective angioplasty if the specified requirements were met. Without objection, and with agreement of the agency, the amendments were approved.
A motion was made by Representative Damron and seconded by Senator Pendleton to approve the following amendment: to amend Section 2 to require nonsubstantive review of proposals involving an application to transfer or relocate existing certificate of need approved nursing facility beds between long-term care facilities if the selling or transferring facility failed to comply with federal regulations requiring the installation of sprinkler systems and if the specified requirements were met. With only Representative Lee voting in opposition to the amendment and with agreement of the agency, the amendment was approved.
In response to questions by Co-Chair Tori, Ms. Banahan stated that the office wanted to allow a nursing facility to transfer beds within an Area Development District, rather than within the county limits. She stated that an emergency did not exist that precipitated the proposed policy change, but that the proposed change would expedite the process. She added that this did not create new nursing facility beds, but allowed 286 already approved beds to be transferred within an Area Development District in response to the closure of the Lakeside nursing facility in Campbell County.
In response to questions by Representative Lee, Ms. Banahan stated that the policy change allowed already approved beds to be transferred within an Area Development District and that information regarding the impact to long-term care facilities in Northern Kentucky was not readily available. She stated that the office planned to follow up with that information for the Subcommittee. She added that nursing facility beds in Boone County were currently at ninety-four (94) percent of capacity. Representative Lee stated that this policy change would disrupt the current Certificate of Need process and that there should be consistent requirements for all regions of Kentucky.
In response to a question by Representative Ford, Ms. Banahan stated that the office would investigate the need for more nursing facility beds in his district. She stated that the office could not eliminate the Certificate of Need process without action by the General Assembly. She added that the office had not yet investigated the impact of eliminating the Certificate of Need process, but would do so.
In response to questions by Senator Givens, Ms. Banahan stated that the office did not wish to defer consideration of this administrative regulation until more information was available because Boone County nursing facility beds were at ninety-four (94) percent of capacity.
In response to questions by Co-Chair Tori, Ms. Banahan stated that the date of the proposed public hearing on this administrative regulation was July 21, 2009, but that the public hearing was cancelled because the office did not receive responses that anyone intended to attend. Written comments from the public were received and that the amendment to transfer nursing facility beds within an Area Development District was proposed in the original filing on June 3, 2009. Subcommittee staff added that, pursuant to KRS 13A.270(7)(a), a public hearing may be cancelled if the agency did not receive notice that an interested party intended to attend by five (5) business days prior to the scheduled hearing date. Subcommittee staff also noted that, even if the public hearing was cancelled, the agency was obligated to continue to accept any written comments from the public during the comment period.
In response to questions by Representative Damron, Ms. Banahan stated that other counties would not have the same recourse to nonsubstantive review for the transfer of nursing facility beds within an Area Development District. She stated that the proposal had the support of several local government officials and legislators and that the driving force behind the proposal was primarily from the potentially affected local governments.
In response to questions by Senator Kerr, Ms. Banahan stated that the following legislators and local government officials supported the policy change: Senator John Schickel, Representative Dennis Keene, Representative Adam Koenig, Representative Sal Santoro, Representative Addia K. Wuchner, Boone County Judge-Executive Gary W. Moore, and Campbell County Judge-Executive Steve Pendery. She clarified that she did not have evidence that all members of the Kentucky General Assembly from the Northern Kentucky area supported this policy change.
Mr. Pendery stated that he supported the policy change because Boone County's population had doubled while Campbell County's population had remained relatively static. Boone County had an obvious need for more nursing facility beds as soon as possible so the counties were working together to address the bed shortages. The ideal solution would be to have additional beds for the whole area but that option wasn't available.
Mr. Earlywine stated that Northern Kentucky had growth-related infrastructure challenges including nursing facility access and that the region had been working on these issues cooperatively. He asked for this change to be supported as it provided the flexibility for the region to work together to solve problems.
Ms. Hinkle stated that these nursing facility beds had already been approved through the traditional Certificate of Need process and that this change would allow the beds to be transferred within a region, rather than only within a county. She stated that a competitor had the opportunity to object to bed transfers. Additionally, problems had been documented with very large nursing facilities and smaller facilities provided better quality of care.
In response to questions by Representative Lee, Ms. Hinkle stated that reallocation of nursing facility beds had been approved by the cabinet and this Subcommittee in the past, although in smaller numbers. She stated that formal review should not apply because the beds were not new and had already received a Certificate of Need. She added that there was a precedent set by Franklin Circuit Court that these transferred beds did not need to go through the full Certificate of Need process again.
In response to questions by Co-Chair Tori, Ms. Hinkle stated that Carespring wanted to move forward using the nonsubstantive review process rather than the formal review process.
In response to questions by Senator Kerr, Ms. Hinkle stated that she believed financing for a new nursing facility was available, but the facility was ineligible for loan processing until a Certificate of Need had been issued.
Senator Givens stated his appreciation for the regional approach of Northern Kentucky local governments. He said that the Certificate of Need process seemed to be inadequate to meet the needs of Kentucky on a timely basis and the program clearly needed to be reviewed carefully.
In response to questions by Representative Ford, Mr. Pendery stated that Campbell County needed more nursing care facility beds but that Boone County needed them even more urgently. He stated that the entire region of Northern Kentucky needed beds but that it had been difficult to find an adequate site in Campbell County because of the geography and lack of adequate access to transportation hubs.
Mr. Long stated that allowing this policy change would put all other nursing facilities at a disadvantage. He stated that if the State Health Plan was amended to allow more nursing facility beds, there would be many applicants for those beds. He requested that all facilities be required to comply with the same requirements.
Mr. Wells stated that he believed that the policy change was unconstitutional because it established a special class of large nursing care facilities with special advantages regarding requirements. He stated that the administrative regulation would not be in compliance with statutory requirements for transfer within individual counties. He added that the burden of proof regarding the need for the facility would be changed from the requirement that the facility prove its need through the established Certificate of Need process to a requirement that competitors prove that the facility is not needed.
Mr. Veno stated that this policy change, if accepted, should be made through the State Health Plan, not by amending 900 KAR 6:075. He stated that Northern Kentucky had a similar problem in the 1990s when a large nursing facility ceased operating and that it was determined then that the county by county transfer methodology should be preserved.
Ms. Banahan stated that this administrative regulation allowed for new psychiatric hospitals that would treat difficult-to-place children between the ages of four (4) and twenty-one (21) who exhibited physical aggression, sexual inappropriateness, or mental retardation or a developmental disability. She stated that the facilities would not be allowed to reject or eject a patient because of these behaviors. She added that the administrative regulation change would also allow rural areas to have such a facility.
In response to questions by Representative Lee, Ms. Johnson stated that 229 children had been placed in out-of-state nursing facilities because they were difficult to treat as a result of aggression, sexual inappropriateness, or other care challenges. She stated that it cost less to treat these children at out-of-state facilities than it did to treat them in Kentucky. She added that it was difficult to determine if out-of-state facilities had a lower level of care than Kentucky because it was not possible to compare licensure requirements between states. Kentucky does not have a licensure level between acute care and psychiatric residential treatment facility levels of care. The average length of stay was 452 days.
In response to questions by Senator Pendleton, Ms. Banahan stated that these facilities would be obligated to ensure that they would not reject or eject patients because of aggression, sexual inappropriateness, or other care challenges. She stated that, if such a facility did reject or eject a child, the facility would be out of compliance with its Certificate of Need.
In response to questions by Senator Givens, Ms. Banahan stated that the change to the difficult-to-place children provisions had resulted from the public comment process. The office elected to further amend the administrative regulation as a result of public comments requesting the provisions for difficult-to-place children. Ms. Johnson stated that this had been an ongoing issue and a struggle for the cabinet. She stated that the office did not want to defer because now was the time to act. Ms. Banahan stated that there were out-of-state facilities that had expressed interest in establishing care in Kentucky for difficult-to-place children.
In response to questions by Co-Chair Tori, Ms. Johnson stated that because of the unstable economic climate, it was not possible to guarantee that Medicaid would pay the full cost of care for difficult-to-place children. She stated that the office needed to investigate how out-of-state facilities did this for less cost than Kentucky.
In response to questions by Senator Kerr, Ms. Banahan stated that if an in-state facility already had a Certificate of Need, it could choose to care for difficult-to-place children but that there currently were not facilities willing to do so. She stated that the amendment also provided an opportunity for rural areas that did not have a psychiatric hospital to establish one.
In response to questions by Co-Chair Combs, Ms. Johnson stated that the office could not raise reimbursement rates for existing providers and that they did not currently have plans to change the rate. She stated that the office had not investigated how the Department of Education provided for the educational needs of these children.
In response to a question by Senator Givens, Ms. Banahan stated that the office respectfully refused to defer consideration of this administrative regulation to the October meeting of the Subcommittee and did not agree to delete these provisions from this administrative regulation.
Ms. Eisner stated her concern regarding due process. She stated that she believed there had been a lack of due process. She further stated that this policy change would provide for nonsubstantive review for new facilities at the expense of those already in compliance with the State Health Plan. She added that the amendment discriminated against facilities that had gone through the existing Certificate of Need process and was not in accordance with the authorizing statutes. She stated that Kentucky needed a licensure program similar to those of other states and that Kentucky's special-needs children should not be placed out of state. Kentucky needs an intensive residential licensure category developed with adequate rates paid to providers.
Subcommittee staff stated that the Suggested Amendment approved by the Subcommittee changed the language in Section 2(2)(h)4. to clarify that the patient population "shall be limited to" children in the specified categories rather than including those children with the possibility of other patient populations.
Co-Chair Tori made a motion, seconded by Representative Lee, to find 900 KAR 6:075 as amended deficient. On a roll call vote, the administrative regulation was found deficient, with Co-Chair Tori, Senator Givens, Senator Kerr, Senator Pendleton, Co-Chair Combs, Representative Ford, and Representative Lee voting in favor of the finding of deficiency.
Administrative Regulations Reviewed by the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Kentucky Loan Program
11 KAR 3:100. Administrative wage garnishment. Diana Barber, general counsel, and Becky Gilpatrick, manager of the Student Aid Branch, represented the authority.
KHEAA Grant Programs
11 KAR 5:145. CAP grant award determination procedure.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:320. Permit requirements for manufacturers. Michael Burleson, executive director, represented the board.
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 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to add a Section 7 to incorporate by reference the required materials. Without objection, and with agreement of the agency, the amendments were approved.
Board of Barbering: Board
201 KAR 14:105. Barbering school enrollment and postgraduate requirements. Karen Greenwell, administrator, and Noel Record, chairman, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to: (a) establish that a student shall not begin attending a barbering school until the student has filed the application and other required documentation with the school; (b) delete the ten (10) day deadline for the barbering school to report to the board; (c) provide that the barbering school may notify the board by email, fax, post, or hand delivery; (d) require the board to date stamp application submissions; (e) establish that the board shall notify the barbering school within two (2) business days of receiving the application documentation; and (f) establish that the board shall follow up with an official letter of enrollment to the barbering school and to the student; and (2) to amend Section 2 to: (a) comply with the drafting requirements of KRS Chapter 13A; and (b) update material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:240. Fees for applications and for services. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY paragraph and Sections 1, 3, 4, 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.
201 KAR 20:370. Applications for licensure and registration.
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 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.
201 KAR 20:411. Sexual assault nurse examiner program standards and credential requirements.
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 through 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.
TOURISM, ARTS, AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:251. Hunting and trapping seasons and limits for furbearers. Karen Alexy, director of the Wildlife Division, and Catherine York, deputy general counsel, represented the department.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Air Quality: New Source Performance Standards
401 KAR 60:005. 40 C.F.R. Part 60 standards of performance for new stationary sources. Lora Gowins, regulation development supervisor, and Ty Martin, environmental technologist, represented the division.
401 KAR 60:671. Repeal of 401 KAR 60:670.
JUSTICE AND PUBLIC SAFETY CABINET: Department for Kentucky State Police: Operations Division: Methamphetamine
502 KAR 47:010. Methamphetamine. Mark Mangeot, executive director of the Office of Legislative and Intergovernmental Services, and Morgain Sprague, attorney, represented the department.
A motion was made and seconded to approve the following amendments: 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.
TRANSPORTATION CABINET: Department of Highways: Division of Planning: Traffic
603 KAR 5:230. The extended weight coal or coal by-products haul road system and associated bridge weight limits. Ann DAngelo, attorney; Carol Brent, manager of the Administrative Branch; and David Steele, manager for bridge preservation, represented the department.
ENERGY AND ENVIRONMENT CABINET: Department for Energy Development and Independence: Division of Oil and Gas Conservation: Division
805 KAR 1:030. Well location and as-drilled location plat, preparation, form and contents. Kim Collings, director, and Marvin Combs, assistant director, represented the division.
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; (3) to amend Sections 5 and 6 to delete vague provisions; and (4) to amend Sections 1 through 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.
805 KAR 1:070. Plugging wells; coal-bearing strata.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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 include a form; and (4) to amend Sections 1 through 6 and 8 through 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.
805 KAR 1:140. Directional and horizontal wells.
In response to questions by Co-Chair Combs, Ms. Collings stated that the administrative regulation amended definitions to cross-reference terms that were already defined by statute. Mr. Combs stated that all requirements in this administrative regulation conformed with the authorizing statutes.
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 and 2 to comply with the drafting and format requirements of KRS Chapter 13A.
805 KAR 1:200. Administrative fees and general information associated with oil and gas permits.
In response to questions by Representative Ford, Ms. Collings stated that the fifty dollar ($50) fee was paid by the oil and gas operator. She stated that the fee was being changed now because it had been overlooked in the past.
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 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Authorization of Insurers and General Requirements
806 KAR 3:150. Standards for insurers deemed to be in hazardous financial condition. David Hurt, chief financial examiner; John Love, manager of the Surplus Lines Program; and Tonya Parsons, director of Kentucky Access, represented the department.
In response to questions by Representative Damron, Mr. Hurt stated that reserves to maintain solvency were adequate and were maintained so as to be adequate regardless of directives from the National Association of Investors Corporation.
A motion was made and seconded to approve the following amendments: (1) to amend the title of this administrative regulation to reflect the subject matter; (2) to amend the RELATES TO paragraph to add a statutory citation; and (3) to amend Sections 1 through 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.
Surplus Lines
806 KAR 10:030. Reporting requirement for broker's statement and surplus lines tax. John Love, manager of the Surplus Lines Program, and Tonya Parsons, director of Kentucky Access, 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 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 4 to comply with the format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
806 KAR 10:050. Surplus lines affidavits.
A motion was made and seconded to approve the following amendment: to amend the RELATES TO paragraph to insert a statutory citation. Without objection, and with agreement of the agency, the amendment was approved.
Health Insurance Contracts
806 KAR 17:230. Kentucky access requirements.
A motion was made and seconded to approve the following amendments: to amend Sections 2 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.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:051. Repeal of 900 KAR 6:050. Carrie Banahan, executive director, represented the office.
900 KAR 6:055. Certificate of need forms.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to change the name of the form to specify that it also covers reductions in health services; and (2) to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:060. Timetable for submission of certificate of need applications.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add 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 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.
900 KAR 6:065. Certificate of need application process.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 through 5, 7, and 10 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 2 to move cardiac catheterization from the January and July batching cycles to the May and November cycles. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:070. Certificate of Need considerations for formal review.
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; and (2) to amend 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.
900 KAR 6:080. Certificate of Need emergency circumstances.
A motion was made and seconded to approve the following amendments: 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.
900 KAR 6:085. Transfers of Certificate of Need.
A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:090. Certificate of Need filing, hearing and show cause hearing.
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 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.
900 KAR 6:095. Certificate of Need administrative escalations.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to add 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 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:100. Certificate of Need standards for Implementation and biennial review.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a citation; and (2) to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:105. Certificate of Need advisory opinions.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete a citation; and (2) to amend Sections 1 and 2 to: (a) delete provisions regarding improvements; and (b) comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:110. Certificate of Need notification of the addition or establishment of a health service, or notification of the reduction or termination of a health service, or reduction of bed capacity, or notice of intent to acquire a health facility or health service.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a typographical error; and (2) to amend Sections 2 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.
900 KAR 6:115. Certificate of Need critical access hospitals, swing beds, and certification of continuing care retirement communities.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to more accurately reflect the content of this administrative regulation; (2) to amend the RELATES TO paragraph to delete a citation; (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 and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
900 KAR 6:120. Certificate of Need pilot projects.
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 Section 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.
Department for Medicaid Services: Personnel Policies
907 KAR 3:183 & E. Supplemental payments to participating DRG hospitals. Elizabeth Johnson, commissioner; Kerry Harvey, general counsel; and Neville Wise, finance director, represented the department.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 6 to: (1) comply with the drafting and format requirements of KRS Chapter 13A; and (2) correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the October 13, 2009, meeting of the Subcommittee:
PERSONNEL CABINET: Board
101 KAR 2:066 & E. Certification and selection of eligibles for appointment.
101 KAR 2:102 & E. Classified leave administrative regulations.
101 KAR 2:120. Incentive programs.
Personnel Cabinet, Unclassified
101 KAR 3:015 & E. Leave administrative regulations for the unclassified service.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Property
200 KAR 5:315. Debarment.
GENERAL GOVERNMENT CABINET: Kentucky Real Estate Commission: Commission
201 KAR 11:121. Improper conduct.
201 KAR 11:215. License recognition; application requirements.
201 KAR 11:250. Listing and purchase contracts and other agreements entered into by licensees; provisions required; seller-initiated re-listing request disclosure form.
201 KAR 11:450. Broker management course.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Waste Management: Solid Waste Facilities
401 KAR 47:090. Solid waste permit fees.
EDUCATION CABINET: Kentucky Board of Education: Department of Education: Office of Chief State School Officer
701 KAR 5:031 Repeal of 701 KAR 5:035.
Food Service Programs
702 KAR 6:010. Local responsibilities.
702 KAR 6:020. District school nutrition director.
702 KAR 6:031. Repeal of 702 KAR 6:030.
702 KAR 6:040. Personnel; policies and procedures.
702 KAR 6:045. Personnel; school nutrition employee qualifications.
702 KAR 6:075. Reports and funds.
702 KAR 6:090. Minimum nutritional standards for foods and beverages available on public school campuses during the school day; required nutrition and physical activity reports.
Office of Chief State School Officer
702 KAR 7:125. Pupil attendance.
702 KAR 7:140. School district calendar.
ENERGY AND ENVIRONMENT CABINET: Department for Energy Development and Independence: Division of Oil and Gas Conservation: Division
805 KAR 1:190. Gathering lines. Kim Collings, director, and Marvin Combs, assistant director, represented the division.
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 13(5) to clarify provisions; and (4) to amend Sections 1, 3, 11, 12, 15, and 16 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Ms. Collings stated that the agency wanted to defer consideration of this administrative regulation as amended to give the agency time to work on additional amendments. Without objection, and with agreement of the Subcommittee, this administrative regulation as amended was deferred to the October 13 meeting of the Subcommittee.
PUBLIC PROTECTION CABINET: Department of Insurance: Health Insurance Contracts
806 KAR 17:391E. Repeal of 806 KAR 17:390, 806 KAR 17:400, 806 KAR 17:410, 806 KAR 17:420, and 806 KAR 17:430.
Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:004. Stewards.
Harness Racing
811 KAR 1:015. Race officials.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need
900 KAR 6:125. Certificate of Need annual surveys, and registration requirements for new magnetic resonance imaging units.
The Subcommittee adjourned at 3:30 p.m. until October 13, 2009.