Call to Order and Roll Call
The June meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, June 11, 2013, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Johnny Bell, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Representative Johnny Bell, Co-Chair; Senators Joe Bowen, and Sara Beth Gregory; Representatives Robert R. Damron, and Tommy Turner.
Guests: Nathan Goldman, Board of Nursing; Ron Brooks, Margaret Everson, Kentucky Department of Fish and Wildlife Resources; Michael Davis, Gary Feck, David Moore, William Swope, Ambrose Wilson, Department of Housing, Buildings and Construction; Elizabeth Caywood and Stuart Owen, Cabinet for Health and Family Services.
LRC Staff: Dave Nicholas, Donna Little, Emily Caudill, Sarah Amburgey, Emily Harkenrider, Karen Howard, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, June 11, 2013, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Nursing: Board
201 KAR 20:057. Scope and standards of practice of advanced practice registered nurses. Nathan Goldman, general counsel, represented the board.
In response to a question by Representative Damron, Mr. Goldman stated that the board did not receive any public comments on these administrative regulations during the public comment period.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 9, and 10 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:070. Licensure by examination.
In response to a question by Co-Chair Harris, Mr. Goldman stated that nursing students expecting to graduate were encouraged to apply for the required FBI report six (6) months prior to the expected graduation date.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 4, 5, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:085. Licensure periods and miscellaneous requirements.
In response to a question by Co-Chair Harris, Mr. Goldman stated that the expiration period for nursing licenses or credentials was being changed in order to give the license or credential holders more time to renew.
201 KAR 20:110. Licensure by endorsement.
TOURISM, ARTS AND HERITAGE CABINET: Department of Fish and Wildlife Resources: Fish
301 KAR 1:015. Boat and motor restrictions. Ron Brooks, fisheries director, and Margaret Everson, assistant attorney general, represented the department.
In response to questions by Senator Bowen, Mr. Brooks stated that approximately six (6) landowners who lived adjacent to these waters had been unaware of requirements and had purchased twenty-four (24) foot pontoon boats. In order to assist those landowners, this administrative regulation was amended to allow for those boats already purchased by adjacent landowners. Certain Kentucky lakes had specific standards for the size of boats and the permitted horsepower. Many of those requirements were the result of requests of adjacent landowners. Enforcement was the decision of the local wildlife officer, who determined if a boat was being used safely and according to department administrative regulations.
301 KAR 1:122. Importation, possession, and prohibited aquatic species.
In response to questions by Co-Chair Harris, Mr. Brooks stated that the department was not aware of anyone intentionally raising Asian Carp. This was a cleanup amendment because previous language was ambiguous. Kentucky was experiencing tremendous problems related to Asian Carp, especially regarding the Ohio River and its tributaries. The department was working on an Asian Carp management plan.
In response to a question by Co-Chair Bell, Mr. Brooks stated that the department encouraged destroying Asian Carp, as long as each fish was properly disposed of. There were no other limits.
In response to a question by Senator Bowen, Mr. Brooks stated that Asian Carp canaries would help manage the Asian Carp problems. Asian Carp were delicious and nutritious, especially because they are low in contaminants. The department was doing public relations work to improve the public perception of Asian Carp as a food source. This was not only a Great Lakes problem. Harvesting and processing over time, if properly managed in conjunction with the department, should control, but never eliminate, the Asian Carp population.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 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.
PUBLIC PROTECTION CABINET: Department of Housing, Buildings and Construction: Division of Building Codes Enforcement: Kentucky Building Code
815 KAR 7:120. Kentucky Building Code. Michael Davis, general counsel; Gary Feck, director of building code enforcement; and Ambrose Wilson, commissioner, represented the division.
Co-Chairs Harris and Bell thanked the division for working to develop an agreement on this administrative regulation.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make technical corrections; (2) to amend Sections 1, 2, 3, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 5 to make a technical correction; and (4) to amend Sections 2 and 5 to update the Kentucky Building Code, to amend sprinkler requirements in single and two (2) story, multi-family dwellings over two (2) units, to revert requirements to those in the 2006 version of the Kentucky Building Code. Without objection, and with agreement of the agency, the amendments were approved.
Division of Plumbing: Plumbing
815 KAR 20:020. Parts or materials list. Michael Davis, general counsel; David Moore, director, Division of Plumbing; and Ambrose Wilson, commissioner, represented the division.
In response to a question by Senator Bowen, Mr. Moore stated that both of these administrative regulations helped plumbers.
815 KAR 20:120. Water supply and distribution.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Provider Operations: Payment and Services
907 KAR 3:015 & E. Supplemental payments for certain primary care and vaccines. Stuart Owen, regulation coordinator, represented the division.
In response to questions by Co-Chair Harris, Mr. Owen stated that the $65 million cost was 100 percent federally funded for 2013 and 2014. The mandate ended December 31, 2014. States then had the option to continue the program or not, but it was difficult to remove a program once in place. If Kentucky continued the program after 2014, the cost would be funded seventy (70) percent from the federal government and thirty (30) percent from state funds; therefore, after 2014 the program would have a negative fiscal impact. The program provided incentives to ensure enough Medicaid providers, especially because many citizens were expected to be newly eligible. The federal government had yet to establish funding plans for after 2020.
Co-Chair Harris expressed concerns about what may happen to the program after 2020.
In response to a question by Co-Chair Bell, Mr. Owen stated that, in order to have full funding after 2014, the federal government would have to take direct legislative action.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: Food Stamp Program
921 KAR 3:090 & E. Simplified assistance for the elderly program or "SAFE". Elizabeth Caywood, internal policy analyst, represented the department.
In response to questions by Senator Bowen, Ms. Caywood stated that the Commissioner’s Office administered the SNAP program. There were numerous provisions in place for citizens and retailers to report suspected abuse, including anonymous reporting. Most complaints thus far pertained to improper reporting of income. The department would follow up with information regarding other fraud and abuse data.
In response to questions by Co-Chair Bell, Ms. Caywood stated that federal regulations governed some aspects of fraud and abuse prevention. For example, federal requirements prohibited requiring photo identification to use the benefit card. The benefit card was distributed in the name of the head of household, but could be used by other family members; therefore, requiring photo identification may inhibit necessary benefit card use. The department was primarily responsible for determining who was eligible for the benefit card.
Co-Chair Harris stated that it was clear from the discussion that the federal government was not serious about preventing abuse of the benefit cards.
Representative Damron stated that photo identification had not been required during the eight (8) to ten (10) years that the program had been in place. The benefit card reduced some of the fraud and abuse that occurred under the previous food stamp-style program. Some benefit card abuse was from retailers that processed charges on the cards after store hours. In response to Representative Damron’s statements, Ms. Caywood stated that the federal government regulated retailers, not the department.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 3 and 6 to make minor clarifications; and (2) to amend Section 8 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the July 9, 2013, meeting of the Subcommittee:
KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Kentucky Board of Emergency Medical Services: Board
202 KAR 7:520. Allocation of block grant funding assistance for emergency medical services.
ENERGY AND ENVIRONMENT CABINET: Department for Environmental Protection: Division of Water: Water Quality Standards
401 KAR 10:030. Antidegradation policy implementation methodology.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Quotas
804 KAR 9:040. Retail liquor package license quota.
804 KAR 9:050. Retail liquor drink license quota.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Community Based Services: Child Welfare
922 KAR 1:140 & E. Foster care and adoption permanency services.
922 KAR 1:400 & E. Supportive services.
Division of Child Care: Day Care
922 KAR 2:020. Child Care Assistance Program (CCAP) improper payments, claims, and penalties.
922 KAR 2:120. Child-care center health and safety standards.
922 KAR 2:180. Requirements for registered child care providers in the Child Care Assistance Program.
The Subcommittee adjourned at 1:45 p.m. until July 9, 2013 at 10 a.m.