Call to Order and Roll Call
The November meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, November 9, 2010, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Leslie Combs, 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; Representatives Robert R. Damron, and Jimmie Lee.
Guests: Joe R. Cowles, Personnel Cabinet; Devon Hankins, Travis Powell, Don Speer, Finance and Administration Cabinet; Steven Clark, Angela Evans, Frances Short, Licensing Board for Specialists in Hearing Instruments; Kellie Coldiron Ellis, Michael West, Board of Speech-Language Pathology and Audiology; Nathan Goldman, Charlotte Beason, Board of Nursing; Becky Klusch, Board of Physical Therapy; James Grawe, Frances Short, Paul M. Wingate, Board of Licensure for Occupational Therapy; Timothy Roberson, Frances Short, Board of Licensed Professional Counselors; Margaret Everson, Rocky Prichert, Department of Fish and Wildlife Resources; Peter Goodmann, Abigail Powell, Division of Water; Sean Alteri, Millie Ellis, Lora Gowins, Laura Lund, John Lyons, Bruce Scott, Andrea Smith, Division for Air Quality; Amy Barker, Debra Kays, Jonathan Milby, Department of Corrections; Morgan Sprague, Department of State Police; Kimberly Whitley, Department of Justice; Ann D'Angelo, Godwin Onodu, Transportation Cabinet; Kevin Brown, Kay Kennedy; Clay Lamb, Allen Larson, Kathie Jane Regan, Patrick Shirley, Carol Weber, Mindy Yates, Education and Workforce Development Cabinet, Bob Elkins, Chuck Stribling, Labor Cabinet; Gregory W. Goins, Johnny Greene, Office of Mine Safety; DJ Wasson, Department of Insurance; Chandra Venettozzi, Alicia Tindall, Division of Epidemiology and Health Planning.
LRC Staff: Dave Nicholas, Emily Caudill, Donna Little, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Laura Napier.
The Administrative Regulation Review Subcommittee met on Tuesday, November 9, 2010, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL CABINET: Office of the Secretary: Personnel Cabinet, Classified
101 KAR 2:210 & E. 2011 Plan Year Handbook for the Public Employee Health Insurance Program. Joe R. Cowles, deputy executive director, Office of Legal Services, represented the cabinet.
FINANCE AND ADMINISTRATION CABINET: Office of the Secretary: Purchasing
200 KAR 5:410. Preferences for purchases of commodities or services. Travis Powell, deputy general counsel, and Don Speer, executive director, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to delete 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 correct a drafting error. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Licensing Board for Specialists in Hearing Instruments: Board
201 KAR 7:075. Continuing education requirements. Steven Clark, board chair; Angela Evans, assistant attorney general; and Frances Short, executive director, Office of Occupations and Professions, represented the board.
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 amend Sections 1 through 5, 7, and 8 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to add Section 9 to incorporate by reference the required form. Without objection, and with agreement of the agency, the amendments were approved.
Board of Speech-Language Pathology and Audiology: Board
201 KAR 17:030. License fees and renewal requirements. Kellie Coldiron Ellis, Chair; Frances Short, executive director, Office of Occupations and Professions; and Michael West, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to provide for biennial renewal of licensure; and (2) to amend Section 5 to correct a minor drafting error. Without objection, and with agreement of the agency, the amendments were approved.
Board of Nursing: Board
201 KAR 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. Charlotte Beason, executive director, and Nathan Goldman, general counsel, represented the board.
201 KAR 20:061. Doctor of Nursing Practice (DNP) degree.
In response to a question by Senator Givens, Mr. Goldman stated that the statute [KRS 164.298] did not recognize the accrediting board for nurse anesthetists. Because it was not recognized by statute, the nursing board could not recognize it by administrative regulation.
In response to questions by Representative Damron, Ms. Beason stated that approximately seventy-five (75) percent of states offered a doctorate of nursing. A nurse with a Doctor of Nursing Practice (DNP) degree practiced in a more complex realm of patient care and research. A DNP would have the same prescriptive and treatment authority as an Advanced Practice Registered Nurse. A statutory change was not required to expand the prescriptive and treatment authority to a DNP.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to revise a 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 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.
201 KAR 20:062. Standards for advanced practice registered nurse (ARPN) programs of nursing.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3 through 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to add a new Section 12 to incorporate by reference the required documents. Without objection, and with agreement of the agency, the amendments were approved.
Board of Physical Therapy: Board
201 KAR 22:070. Requirements for foreign-educated physical therapists. Becky Klusch, executive director, represented the board.
A motion was made and seconded to approve the following amendments: 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.
Board of Licensure for Occupational Therapy: Board
201 KAR 28:010. Definitions and abbreviations. James Grawe, assistant attorney general; Frances Short, executive director, Office of Occupations and Professions, and Paul M. Wingate, board member, represented the board.
A motion was made and seconded to approve the following amendments: 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.
201 KAR 28:130. Supervision of occupational therapy assistants, occupational therapy students, and temporary permit holders.
A motion was made and seconded to approve the following amendments: to amend Section 7 to correct minor drafting errors. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensed Professional Counselors: Board
201 KAR 36:060. Qualifying experience under supervision. Timothy Robertson, chair; Frances Short, executive director, Office of Occupations and Professions; and Jim Grawe, assistant attorney general, represented the board.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Game
301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. Margaret Everson, assistant attorney general, and Rocky Prichert, program coordinator, represented the department.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Public Water Supply
401 KAR 8:100. Design, construction, and approval of facilities. Peter Goodmann, assistant director, and Julie Roney, director, Drinking Water Program, represented the division.
Division for Air Quality: Attainment and Maintenance of the National Ambient Air Quality Standards
401 KAR 51:001. Definitions for 401 KAR Chapter 51. Sean Alteri, assistant director; John Lyons, director; and Bruce Scott, commissioner, represented the division. Rusty Cress, Jr., Dinsmore and Shohl, represented the Kentucky Association of Manufacturers and appeared in support of this administrative regulation and 401 KAR 52:001.
In response to questions by Senator Givens, Mr. Lyons stated that there was a finding in 2007 that U.S. EPA needed to reconsider the Clean Air Act to add provisions for greenhouse gases. Changes to the light-duty vehicle rule caused greenhouse gases to be defined as contaminants, which in turn triggered requirements for addressing greenhouse gas contaminants for major stationary sources of air pollution. Failure of Kentucky to implement the "Greenhouse Gas Tailoring Rule" may result in U.S. EPA assuming delegation over the Division for Air Quality's permitting program. In that event, there would be approximately three (3) months with a construction ban while U.S. EPA processed Kentucky's deficiency. Litigation attempting to overturn the 2007 finding was pending; however, it was essential that Kentucky continue in the process of amending these administrative regulations in order to prevent loss of state primacy. U.S. EPA allowed states some authority to interpret definitions for terms. These administrative regulations would allow Kentucky to have state-specific definitions, which have been upheld in recent court decisions. The impact would be minimal in terms of energy-efficiency requirements because most facilities had already implemented energy-efficiency technologies in order to save money. Mr. Alteri stated that the division had proposed a new definition for the term "subject to regulation" so that, if the 2007 finding were overturned, the division would no longer be required to enforce the "Greenhouse Gas Tailoring Rule."
In response to a question by Representative Damron, Mr. Cress stated that the federal government had not worked with Kentucky regarding the "Greenhouse Gas Tailoring Rule." Kentucky would be hard hit by a moratorium on construction if state delegation were lost; therefore, Kentucky needed to do what was required in order to continue to be the regulating body for the Division for Air Quality's programs. The "Greenhouse Gas Tailoring Rule" would cost between $10,000 and $25,000 for an engineer to review plans for permitting; however, the technology requirements would present the most cost to facilities.
Permits, Registrations, and Prohibitory Rules
401 KAR 52:001. Definitions for 401 KAR Chapter 52.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:020. Corrections policies and procedures. Amy Barker, assistant general counsel; Debra Kays, internal policy analyst II; Jonathan Milby, staff attorney; and Kimberly Whitley, warden, represented the office.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
501 KAR 6:090. Frankfort Career Development Center.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference 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 of Kentucky State Police: Sex Offender Registration System
502 KAR 31:020. Sex offender registration system. Morgain Sprague, counsel, represented the department.
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) amend Sections 3 through 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.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Vehicle Licensing: Motor Vehicle Tax
601 KAR 9:205. Titling of all-terrain vehicles. Ann D'Angelo, assistant general counsel, and Godwin Onodu, assistant director, represented the division.
In response to questions by Representative Lee, Mr. Onodu stated that all-terrain vehicles transferred into Kentucky and sold by nondealers were not required to have a title because some states did not require titling. The owner, not the dealer, had to be the person to apply for the title. Private sales owners would have less tax burden than owners of all-terrain vehicles purchased by Kentucky dealers; however, Mr. Onodu stated that the statute requires that it be done pursuant to this administrative regulation. The statute implicitly exempts certain all-terrain vehicles financed prior to July 1. The division agreed that the statute needed to be amended to close this loophole for all-terrain vehicles transferred into Kentucky and sold by nondealers.
A motion was made and seconded to approve the following amendments: to amend Section 1 to clarify applicability. Without objection, and with agreement of the agency, the amendments were approved.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: School Administration and Finance
702 KAR 3:246. School council allocation formula: KETS District Administrative System Chart of Accounts. Kevin Brown, general counsel, and Kay Kennedy, director, Division of District Support, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (2) to amend Sections 1 through 5, 7, 8, 11, and 12 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Section 1 to clarify the definition for “district average certified teacher’s salary”; and (4) to amend Section 3 to delete erroneous accounting codes listed for district-wide expenditures. Without objection, and with agreement of the agency, the amendments were approved.
Pupil Transportation
702 KAR 5:110. Vocational pupils, reimbursement for.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to define “vocational school”; (2) to amend Sections 2, 3, 7, 8, 9, and 12 through 16 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 15 to incorporate by reference the required form. Without objection, and with agreement of the agency, the amendments were approved.
Department of Workforce Investment: Office of Vocational Rehabilitation: Administration
781 KAR 1:040. Rehabilitation technology services. Kathie Jane Regan, program administrator; Patrick Shirley, staff attorney; and Carol Webber, branch manager, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 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.
Office of Employment and Training: Unemployment Insurance
787 KAR 1:320. Priority of deductions from benefits. Clay Lamb, staff attorney, and Allen Larson, director, Unemployment Insurance, represented the office.
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 Section 1 to correct typographical errors. Without objection, and with agreement of the agency, the amendments were approved.
LABOR CABINET: Department of Workplace Standards: Division of Occupational Safety and Health Compliance: Division of Occupational Safety and Health Education and Training: Occupational Safety and Health
803 KAR 2:318. Electrical. Bob Elkins, safety standards specialist, and Chuck Stribling, federal - state coordinator, Office of Safety and Health, represented the division.
In response to a question by Senator Givens, Mr. Stribling stated that these administrative regulations redefined terms to reference the state counterparts of federal organizations. The only substantive changes were to the requirements regarding cranes and derricks.
803 KAR 2:400. Adoption of 29 C.F.R. 1926.1, 1926.4, and 1926.6.
A motion was made and seconded to approve the following amendment: to amend the STATUTORY AUTHORITY paragraph to correct statutory citations. Without objection, and with agreement of the agency, the amendment was approved.
803 KAR 2:402. General safety and health provisions.
803 KAR 2:411. Scaffolds.
803 KAR 2:412. Fall protection.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete a definition for a term that is not used in this administrative regulation; (2) to amend Section 3 for clarity; and (3) to add Section 4 to incorporate by reference the “Nonmandatory Sample Fall Protection Plan for Residential Construction.” Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:413. Subpart N-helicopters, hoists, elevators, and conveyors.
803 KAR 2:414. Motor vehicles, mechanical equipment, and marine operations.
A motion was made and seconded to approve the following amendment: to amend the STATUTORY AUTHORITY paragraph to correct citations. Without objection, and with agreement of the agency, the amendment was approved.
Occupational Safety and Health
803 KAR 2:417. Steel erection.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a statutory citation; and (2) to amend the STATUTORY AUTHORITY paragraph and Sections 1 and 3 to comply with the drafting and format requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:418. Underground construction, caissons, cofferdams, and compressed air.
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 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.
803 KAR 2:419. Adoption of 29 C.F.R. Part 1926.850-860.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert 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.
803 KAR 2:421. Adoption of 29 C.F.R. Part 1926.950-960.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert 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.
803 KAR 2:423. Adoption of 29 C.F.R. Part 1926.1050-1060.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to insert 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 Chapter 13A; 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.
803 KAR 2:430. Appendix A to 29 C.F.R. Part 1926.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add 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.
803 KAR 2:505. Cranes and derricks in construction.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to insert a statutory citation; and (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 Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
803 KAR 2:550. Cranes and derricks used in demolition and underground construction.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and Sections 1 and 2 to comply with the drafting and format requirements of KRS Chapter 13A; (2) to amend the RELATES TO paragraph to insert a statutory citation; and (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 Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
ENERGY AND ENVIRONMENT CABINET: Department of Natural Resources: Office of Mine Safety and Licensing: Mining Safety Standards
805 KAR 3:100. Equipment use and operations. Gregory W. Goins, accident investigator, and Johnny Greene, executive director, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; 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.
PUBLIC PROTECTION CABINET: Department of Insurance: Health and Life Division: Life Insurance and Annuity Contracts
806 KAR 15:090. Notice of rights as an owner of a life insurance policy. D. J. Wasson, staff assistant, represented the division.
Division of Kentucky Access: Liability Self-insurance Groups
806 KAR 46:011. Repeal of 806 KAR 46:010.
806 KAR 46:040. Forms for application and financial statements.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Data Reporting and Public Use Data Sets
900 KAR 7:030. Data reporting by health care providers. Chandra Venettozzi, health data administrator, represented the office.
Department for Public Health: Division of Epidemiology and Health Planning: Communicable Diseases
902 KAR 2:060. Immunization schedules for attending day care centers, certified family child care homes, other licensed facilities which care for children, preschool programs, and public and private primary and secondary schools. Dr. Kraig Humbaugh, epidemiologist, and Alicia Tindall, immunization specialist, represented the division.
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; (3) to amend the TITLE and Sections 1 through 5 to comply with the drafting and format requirements of KRS Chapter 13A; and (4) to amend Section 2(3)(a) to clarify TDAP immunization schedule requirements. Without objection, and with agreement of the agency, the amendments were approved.
Department for Medicaid Services: Division of Healthcare Facilities Management: Medicaid Services
907 KAR 1:012 & E. Inpatient hospital service coverage. Trista Chapman, pharmacy coordinator, and Stuart Owen, regulation coordinator, represented the division. Teresa Camfield, executive director, Kentucky Medical Equipment Suppliers Association (KMESA), appeared in opposition to 907 KAR 1:479 & E.
In response to questions by Representative Lee, Mr. Owen stated that Medicaid would not reimburse a medical facility or doctor for treatment for a hospital-acquired illness. A medical facility or doctor would be unable to request payment from a patient for services for treatment for a hospital-acquired illness that was not payable by Medicaid.
Senator Givens thanked the division for working to reduce long-term costs and minimize unintended consequences.
In response to a question by Representative Damron, Mr. Owen stated that the total savings for all efficiency measures approximated forty (40) to fifty (50) million dollars annually, including federal and state savings.
Representative Lee stated that, while there were potential savings from the efficiency measures, there was also a potential loss to medical facilities and doctors until best medical practices eliminated hospital-acquired illnesses.
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 through 4 and 6 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 4 to specify that hospitals shall not seek payment for, rather than bill, for treatments for or related to never events. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:015 & E. Payments for outpatient services.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2, 6, and 9 to comply with the drafting and format requirements of KRS Chapter 13A; and (2) to amend Section 9 to change the edition dates of the material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:019 & E. Outpatient pharmacy program.
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; (3) to amend Sections 1 through 9, 11, and 13 to comply with the drafting and format requirements of KRS Chapter 13A; (4) to amend Section 4 to specify requirements for pharmacists when prescribers telephone prescriptions; (5) to amend Section 5 to specify how to determine costs; (6) to amend Section 6 to allot the same timeframes for individuals as drug manufacturers for presenting to the Drug Management Review Advisory Board; (7) to amend Section 13 to update one of the forms incorporated by reference; and (8) to amend Section 2(5) to establish when the department shall cover diabetic supplies under the department’s pharmacy program and under the durable medical equipment program. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:479 & E. Durable medical equipment covered benefits and reimbursement.
Ms. Camfield stated that the submission process for reimbursement for diabetic supplies through a pharmacy instead of through a durable medical equipment vendor was incomplete and that currently a durable medical equipment vendor without a pharmacy could not process rebates because the system of codes had not been established. Mr. Owen stated that the division was working on a new system of codes for durable medical equipment vendors, but he could not give the Subcommittee a time frame when that would be usable. During the period of time until that system was established, it was possible that durable medical equipment vendors may lose patients to pharmacies that had the benefit of an existing system of codes.
In response to a question by Representative Damron, Mr. Owen stated that this administrative regulation did not prohibit durable medical equipment vendors from submitting claims for reimbursement for diabetic supplies, but the technological system was not yet in place to do the processing. The division agreed to defer; however, the emergency administrative regulation would expire before the ordinary administrative regulation could become effective if the division deferred. Mr. Owen agreed to amend this administrative regulation at the December meeting of the Interim Joint Committee on Appropriations and Revenue to provide for reimbursement for the durable medical equipment vendors.
Ms. Chapman stated that, if Medicaid paid for a diabetic supply, the recipient had to have a prescription for the diabetic supply. Nonmedicaid buyers did not have to present a prescription to purchase diabetic supplies. The computer software inadequacies were what was currently delaying the division's ability to process reimbursements for durable medical equipment vendors without a pharmacy.
A motion was made and seconded to defer consideration of this administrative regulation, and the division agreed; however, a motion was made and seconded to withdraw the previous motion to defer because the division had agreed to amend this administrative regulation at the December meeting of the Interim Joint Committee on Appropriation and Revenue.
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 Sections 1, and 6 through 11 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to incorporates by reference an updated Medicaid DME Program Fee Schedule to conform to the changes made in these administrative regulations relating to reimbursement for diabetic supplies and prior authorization requirements; (4) to amend Section 2 to require that a supplier shall have an order from a prescriber before dispensing any DMEPOS item to a recipient and shall have a written order on file prior to submitting a reimbursement claim; and (5) to amend Section 6 to establish when the department shall cover diabetic supplies under the department’s pharmacy program and under the durable medical equipment program. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:677 & E. Medicaid recipient lock-in program.
A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraphs to correct statutory citations; (2) to amend Sections 1, 2, 4 through 9, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 11 to incorporate by reference an updated referral form. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:825 & E. Diagnosis-related group (DRG) inpatient hospital reimbursement.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; (2) to amend Sections 1, 2, 3, 10, 14, 15, and 18 to comply with the drafting and format requirements of KRS Chapter 13A; and (3) to amend Section 3 to specify that hospitals shall not seek payment for, rather than bill, for treatments for or related to never events. Without objection, and with agreement of the agency, the amendments were approved.
Division of Community Alternatives: Payment and Services
907 KAR 3:090 & E. Acquired brain injury waiver 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 Sections 1 through 4, 6 through 9, and 11 to comply with the drafting and format requirements of KRS Chapter 13A; (3) to amend Sections 3, 7, 8, and 11 to correct the titles of material incorporated by reference; and (4) to amend Section 11 to incorporate by reference required documents. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 3:100 & E. Reimbursement for acquired brain injury waiver services.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 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.
The following administrative regulations were deferred to the December 14, 2010, meeting of the Subcommittee:
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Sales and Excise Taxes: Forms
103 KAR 3:050. Miscellaneous taxes forms manual.
GENERAL GOVERNMENT CABINET: Board of Dentistry: Board
201 KAR 8:007E. Repeal of 201 KAR 8:006, 8:015, 8:070, 8:130, 8:135, 8:140, 8:150, 8:160, 8:170, 8:180, 8:185, 8:190, 8:220, 8:225, 8:230, 8:240, 8:250, 8:260, 8:265, 8:270, 8:277, 8:280, 8:290, 8:310, 8:320, 8:330, 8:340, 8:345, 8:350, 8:355, 8:400, 8:420, 8:430, 8:440, 8:450, 8:460, 8:70, and 8:490.
201 KAR 8:390E. General anesthesia, deep sedation, and conscious sedation by dentists.
201 KAR 8:500 & E. Board organization.
201 KAR 8:510 & E. Advisory opinions.
201 KAR 8:520 & E. Fees and fines.
201 KAR 8:530 & E. Licensure of dentists.
201 KAR 8:540 & E. Dental practices.
201 KAR 8:560 & E. Licensure of dental hygienists.
Board of Licensed Professional Counselors: Board
201 KAR 36:070. Education requirements.
Board of Licensure for Private Investigators: Board
201 KAR 41:100. Verification of 240 hour employees.
DEPARTMENT OF AGRICULTURE: Office of State Veterinarian: Division of Animal Health: Livestock Sanitation
302 KAR 20:065. Sale and exhibition of Kentucky origin animals in Kentucky.
302 KAR 20:066. Chronic wasting disease surveillance in farmed cervids.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Division
601 KAR 1:018 & E. Special overweight or overdimensional permits.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Office of Instruction
704 KAR 3:305. Minimum requirements for high school graduation.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:001. Definitions.
810 KAR 1:009 & E. Jockeys and apprentices.
810 KAR 1:011. Pari-mutuel wagering.
810 KAR 1:026 & E. Racing associations.
810 KAR 1:120. Exotic wagering.
810 KAR 1:130. Post-race sampling and testing procedures.
Harness Racing
811 KAR 1:005. Definitions.
811 KAR 1:125. Pari-mutuel wagering.
811 KAR 1:220. Harness racing at county fairs.
811 KAR 1:250. Exotic wagering.
811 KAR 1:260. Postrace sampling and testing procedures.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:010. Definitions.
811 KAR 2:060. Pari-mutuel wagering.
811 KAR 2:160. Exotic wagering.
811 KAR 2:170. Postrace sampling and testing procedures.
Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:100. Joints and connections.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: Division of Adult and Child Health Improvement: Kentucky Early Intervention System
902 KAR 30:001 & E. Definitions.
902 KAR 30:110 & E. Point of entry and service coordination.
902 KAR 30:120 & E. Evaluation and eligibility.
902 KAR 30:130 & E. Assessment, service planning, and assistive technology.
902 KAR 30:141. Repeal of 902 KAR 30:140 and 30:170.
902 KAR 30:150 & E. Personnel qualification.
902 KAR 30:160 & E. Covered services.
902 KAR 30:180 & E. Procedural safeguards.
902 KAR 30:200 & E. Coverage and payment for services.
The subcommittee adjourned at 2:30 p.m. until December 14, 2010.