Call to Order and Roll Call
The February meeting of the Administrative Regulation Review Subcommittee was held on Monday, February 10, 2014, at 1:30 PM, in Room 149 of the Capitol Annex. Senator Ernie Harris, 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 Perry B. Clark, and Sara Beth Gregory; Representatives Jimmie Lee, and Tommy Turner.
Guests: Frank Hideg, Brian Judy, Karalee Oldenkamp, Dr. Mark Woodward, Board of Chiropractic Examiners; Tom Veit, Michael West, Real Estate Appraisers Board; Sheryl Abercrombie, Vanessa Breeding, Board of Medical Imaging and Radiation Therapy; Amy Barker, Department of Corrections; Miranda Denney, LaShana Harris, Louise Inman, LaDonna Koebel, Marty White, Department of Juvenile Justice; Ann D'Angelo, Godwin Onodu, Department of Transportation; Trey Hieneman, Steve Humpress, Department of Alcoholic Beverage Control; Robin Coombs, DJ Wasson, Department of Insurance; Jack Coleman, Michael Davis, Department of Housing, Buildings and Construction; Noelle Bailey, Marty Hammons, Mark A. Posnansky, Department of Charitable Gaming; Stuart Owen, Neville Wise, Department for Health and Family Services; David Adams, Private Citizen.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Emily Harkenrider, Karen Howard, Laura Napier, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Monday, February 10, 2014, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Chiropractic Examiners: Board
201 KAR 21:001. Definitions for 201 KAR Chapter 21. Brian Judy, assistant attorney general; Dr. Karalee Oldenkamp, executive director; and Dr. Mark Woodward, president, represented the board.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:015. Code of ethical conduct and standards of practice.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 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.
201 KAR 21:041. Licensing; standards, fees.
A motion was made and seconded to approve the following amendments: (1) to amend Section 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:042. Standards, application, and approval of continuing education courses.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:051. Board hearings.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and 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 21:052. Appeal of denial of license.
201 KAR 21:053. Appeal of revocation of probation.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:054. Emergency orders.
201 KAR 21:065. Professional advertising; seventy-two (72) hour right of rescission.
A motion was made and seconded to approve the following amendment: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
201 KAR 21:075. Peer review committee procedures and fees.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:085. Preceptorship Program.
In response to a question by Co-Chair Harris, Dr. Oldenkamp stated that this administrative regulation did not increase fees.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 2 and 3 to comply with the drafting requirements of KRS Chapter 13A; and (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 21:095. Licensure, registration, and standards of persons performing peer review.
In response to questions by Co-Chair Harris, Dr. Oldenkamp stated that the annual registration fee was increased from twenty (20) dollars to fifty (50) dollars to provide funding for the new peer review complaint process, which added expenses associated with investigating complaints. The purpose of the peer review process was to protect the public. Additional staffing was not necessary.
In response to questions by Representative Lee, Dr. Oldenkamp stated that the board’s authorizing statutes and its administrative regulations did not establish a specific amount of the board’s revenue to be reserved if the Commonwealth budget swept board funds; however, the board’s goal was to maintain approximately $300,000. The board was unable to maintain that amount consistently since 2007 because of funds swept by the Commonwealth budgets. The current budget proposal would sweep $100,000 for Fiscal Year 2014 – 2015. Mr. Judy stated that the board did not control the amount of funds swept. Dr. Oldenkamp stated that the board no longer had adequate cash reserves, and may operate in the red if the 2014 - 2015 budget swept the proposed $100,000. In that event, fees would need to be raised again.
In response to a question by Senator Gregory, Dr. Woodward stated that the board received approximately six (6) peer review-related complaints yearly. This administrative regulation established a more formal process for addressing peer review complaints. Dr. Oldenkamp stated that this administrative regulation affected forty (40) to fifty (50) licensees, and the fee increase was expected to generate approximately $1,200 to $1,500, which would provide little offset to funds that were swept.
201 KAR 21:100. Minimum standards for recordkeeping or itemized statements.
Kentucky Real Estate Appraisers Board: Board
201 KAR 30:125. Continuing education for appraisers. Tom Veit, executive assistant, and Michael West, assistant attorney general, 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; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 4 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 30:321. Repeal of 201 KAR 30:320.
Board of Medical Imaging and Radiation Therapy: Board
201 KAR 46:015. Compensation. Sheryl Abercrombie, chair; Vanessa Breeding, executive director; and Brian Judy, assistant attorney general, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to add statutory citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 46:090. Complaint process and administrative hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to 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; and (3) to amend Sections 1 through 6 to comply with the drafting and formatting requirements of KRS Chapter 13A. 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 6:070. Kentucky Correctional Institution for Women. Amy Barker, assistant general counsel, represented the department.
In response to questions by Co-Chair Harris, Ms. Barker stated that this administrative regulation was being amended as part of the annual review of the department’s policies. Correctional institutions for females had slightly different policies than correctional institutions for males.
Department of Juvenile Justice: Child Welfare
505 KAR 1:120. Department of Juvenile Justice Policies and Procedures Manual: Health and Safety Services. Miranda Denney, division director; LaShana Harris, assistant director and compliance officer; Louise Inman, nurse service administrator; and LaDonna Koebel, assistant general counsel, represented the department.
In response to questions by Co-Chair Harris, Ms. Koebel stated that 505 KAR 1:120 and 1:130 were being amended to facilitate annual staff training. Training topics alternated each year. Only 505 KAR 1:130 applied to facilities with nurses. Ms. Denney stated that 1,773 youth were currently active in the system in some capacity, and the average length of time in the system was five (5) to six (6) months, with longer time lengths for sex offenders because of treatment needs for that population.
In response to questions by Co-Chair Bell, Ms. Koebel stated that national certification standards had been revised and these administrative regulations were being revised to reflect those standards, which pertained to observation and isolation of at-risk youth. A youth who is suicidal and assaultive shall be observed and isolated if dangerous to others, himself, or herself. Facilities had cameras to assist in making a determination regarding the appropriateness of observation and isolation. The superintendent and nursing staff were also involved in determinations regarding a youth to be observed and isolated. A youth involved in escape, assault, or serious injury was a youth who exhibited at least one (1) of those behaviors, not a youth with a legal charge of escape, assault, or serious injury. Such a youth was subject to loss of privileges. Ms. Inman stated that all youth in their programs were at least twelve (12) years of age, and age and development were taken into consideration if making a determination regarding discipline.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) reinstate the requirement in DJJPP 405.6 that an escape, assault, or serious injury while a youth was hospitalized for psychiatric services shall be reported to the superintendent and to the youth's parents; (2) reinstate the requirement in DJJPP 411 that all suicide attempts shall be reported to the youth's parents; (3) correct form names; (4) clarify provisions; and (5) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
505 KAR 1:130. Department of Juvenile Justice Policies and Procedures: juvenile services in community.
A motion was made and seconded to approve the following amendments: to amend Section 1 and the material incorporated by reference to: (1) correct the name of a form; (2) clarify policies and procedures; and (3) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
505 KAR 1:170 & E. Department of Juvenile Justice Policies and Procedures: Prison Rape Elimination Act of 2003 (PREA).
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 and the material incorporated by reference to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 1 and DJJPP 910 to require staff of the opposite gender to announce their presence upon entering a resident housing unit or an area where residents are likely to be showering, performing bodily functions, or changing clothing. Without objection, and with agreement of the agency, the amendments were approved.
TRANSPORTATION CABINET: Department of Vehicle Regulation: Motor Vehicle Tax
601 KAR 9:085. Procedures for becoming a certified motor vehicle inspector. Ann DAngelo, assistant general counsel, and Godwin Onodu, assistant director, represented the department.
In response to a question by Co-Chair Harris, Mr. Onodu stated that staff of sheriffs’ offices usually performed motor vehicle inspections in conjunction with Kentucky State Police.
A motion was made and seconded to approve the following amendment: to amend Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Advertising Distilled Spirits and Wine
804 KAR 1:110. Distilled spirits and wine tastings. Trey Hieneman, legislative liaison, and Steve Humphress, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct statutory citations; and (2) to amend Sections 1 through 3 for clarity and to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Licensing
804 KAR 4:400. ABC basic application and renewal form incorporated by reference.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to delete a reference to a form that is no longer being used; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 2 for clarity and to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Sections 3 and 4 and the Renewal Notice form to: (a) rename the form; (b) make technical corrections to the form; and (c) delete the prohibition against paying the renewal fee with cash as it is specifically authorized by KRS 243.380(2). Without objection, and with agreement of the agency, the amendments were approved.
804 KAR 4:410. Special applications and registration forms incorporated by reference.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Kentucky Department of Insurance: Property and Casualty Division: Motor Vehicle Reparations (No-fault)
806 KAR 39:070. Proof of motor vehicle insurance. Robin Coombs, assistant director, Property and Casualty Division, and DJ Wasson, administrative coordinator, represented the division.
A motion was made and seconded to approve the following amendments: 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.
Department of Housing, Buildings and Construction: Division of Heating, Ventilation and Air Conditioning: Heating, Ventilation, and Air Conditioning Licensing Requirements
815 KAR 8:050. Continuing education requirements for heating, ventilation, and air conditioning (HVAC) license holders. Roger Banks, assistant director of HVAC, and Michael Davis, general counsel, represented the division.
In response to a question by Co-Chair Harris, Mr. Davis stated that online and physical courses continued to be offered. Mr. Banks stated that online courses were available through those providers that offered them.
A motion was made and seconded to approve the following amendment: to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendment was approved.
Department of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1. Noelle Bailey, general counsel; Marty Hammons, commissioner; and Mark Posnansky, staff attorney, represented the department.
820 KAR 1:005. Exempt organizations.
In response to questions by Co-Chair Harris, Ms. Bailey stated that this administrative regulation streamlined the application process. Mr. Hammons stated that this administrative regulation also updated options for electronic bingo to help charities without adequate volunteers for traditional bingo. This administrative regulation simplified paperwork to allow, but not require, electronic processing. Officers and chairpersons, but not volunteers, were required to have a background check.
820 KAR 1:015. Issuance of annual license for a charitable organization.
820 KAR 1:016. Distributor and manufacturer licensees.
820 KAR 1:025. Financial reports of a licensed charitable organization.
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 1 to comply with the drafting requirements of KRS Chapter 13A and for clarity. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:026. Quarterly reports of a licensed charitable gaming facility.
820 KAR 1:027. Quarterly reports of a licensed distributor.
820 KAR 1:029. Facility licensees.
A motion was made and seconded to approve the following amendments: to amend Section 4: (1) for clarity; (2) to make a technical correction; 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.
820 KAR 1:044. Bingo equipment.
A motion was made and seconded to approve the following amendment: to amend Section 2 for clarity. Without objection, and with agreement of the agency, the amendment was approved.
820 KAR 1:046. Bingo rules of play.
820 KAR 1:055. Charity fundraising event standards.
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 Section 1 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend the material incorporated by reference to delete superfluous language. Without objection, and with agreement of the agency, the amendments were approved.
820 KAR 1:056. Special limited charity fundraising event standards.
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 and Section 1: (a) to comply with the drafting requirements of KRS Chapter 13A; and (b) for clarity; and (3) to amend the material incorporated by reference to delete superfluous language. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Commissioner's Office: Division of Healthcare Facilities Management: Medicaid Eligibility
907 KAR 20:001 & E. Definitions for 907 KAR Chapter 20. Stuart Owen, regulation coordinator, and Neville Wise, deputy commissioner, represented the cabinet. David Adams, resident of Nicholasville and president, Kentucky Citizens Judicial, appeared in opposition to 907 KAR 20:100.
In response to a question by Senator Clark, Mr. Wise stated that modified adjusted gross income was determined by a filer’s tax form.
In response to a question by Senator Gregory, Mr. Owen stated that some amendments to these administrative regulations were necessary due to the expansion of Medicaid under the Affordable Care Act, and some amendments were related to foster care mandates and requirements regarding modified adjusted gross income. 907 KAR 20:100, in particular, had significant amendments due to Medicaid expansion.
In response to questions by Co-Chair Bell, Mr. Owen stated that these administrative regulations reorganized requirements to create shorter administrative regulations, rather than a few very long administrative regulations. Without these administrative regulations, some programs such as programs for the elderly, veterans, and foster care system, might be adversely affected. Funding for some of these programs may have been reduced by as much as twenty-eight (28) percent in the past six (6) years; however, Mr. Owen was unable to verify those amounts.
Mr. Adams, Nicholasville citizen and president of Kentucky Citizens Judicial, appeared in opposition to 907 KAR 20:100, pertaining to the expansion of Medicaid under the Affordable Care Act. In particular, Mr. Adams was opposed to 907 KAR 20:100, and desired that the Subcommittee find 907 KAR 20:100 deficient. Mr. Adams stated that these provisions were not mandated. A Supreme Court opinion stated that these provisions were optional. It was inappropriate for the cabinet to file these provisions as emergency administrative regulations because the public was unable to provide input prior to the emergency administrative regulations going into effect. Media outlets had suggested that there were no costs associated with this expansion; however, state government had not made that claim. There would be a net increase of administrative costs of $21.5 million, which was unappropriated for the current fiscal year. This was an illegal expansion of Medicaid, and the matter was currently before the Kentucky Supreme Court.
Mr. Wise stated that he had not intended to imply that these provisions were mandated. They were optional, and Kentucky had opted to implement them. Mr. Owen stated that Medicaid expansion was optional, but requirements pertaining to modified adjusted gross income were mandated, including those in 907 KAR 20:100.
In response to a question by Co-Chair Harris, Mr. Wise stated that federal matching fund percentages varied depending on the type of administration. For example, eligibility administration was improving the federal funding match to ninety (90) percent federal and ten (10) percent state. When eligibility operation administration was in place, the funding match percentage would change to seventy-five (75) percent federal and twenty-five (25) percent state, which would be in effect soon and for the foreseeable future.
A motion was made by Senator Gregory, and seconded by Representative Turner, to find 907 KAR 20:100 deficient due to lack of statutory authority. A roll call vote was conducted, and with three (3) votes to find the administrative regulation deficient, three (3) votes against a finding of deficiency, and two (2) members absent, the motion failed. A majority vote of at least five (5) votes for a finding of deficiency is required for the motion to pass.
A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A, including: (a) deleting definitions for terms not used in 907 KAR Chapter 20; (b) putting definitions in alphabetical order; and (c) clarifying language; and (2) insert a definition of “deemed eligible newborn”. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:005 & E. Medicaid technical eligibility requirements not related to a modified adjusted gross income standard or former foster care individuals.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 5, 6, 8, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 7 to clarify inmate eligibility for Medicaid in specified circumstances. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:010 & E. Medicaid procedures for determining initial and continuing eligibility other than procedures related to a modified adjusted gross income eligibility standard or related to former foster care individuals.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, and 3 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:015 & E. Medicaid right to apply and reapply for individuals whose Medicaid eligibility is not based on a modified adjusted gross income eligibility standard or who are not former foster care individuals.
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 2 and 5 to: (a) specify the name of required forms; and (b) comply with the drafting and formatting requirements of KRS Chapter 13A; and (3) to create a new Section 7 to incorporate by reference the two required forms. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:020 & E. Income Standards for Medicaid other than Modified Adjusted Gross Income (MAGI) standards or for former foster care individuals.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 7 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:025 & E. Resource standards for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify that this administrative regulation establishes the resource standards for Medicaid other than modified adjusted gross income standards or for former foster care individuals; and (2) to amend Sections 1 through 4 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:030 & E. Trust and transferred resource requirements for Medicaid.
A motion was made and seconded to approve the following amendments: (1) to amend the TITLE to clarify that this administrative regulation establishes the trust and transferred resource standards for Medicaid other than modified adjusted gross income standards or for former foster care individuals; and (2) to amend Sections 1 and 3 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:035 & E. Spousal impoverishment and nursing facility requirements for Medicaid.
A motion was made and seconded to approve the following amendments: to amend Sections 2, 3, and 5 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:040 & E. Relative responsibility requirements for Medicaid.
A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:045 & E. Special income requirements for hospice and home and community based services.
A motion was made and seconded to approve the following amendments: to amend the TITLE; the NECESSITY, FUNCTION, AND CONFORMITY paragraph; and Sections 1 and 2 to: (1) comply with the drafting requirements of KRS Chapter 13A; and (2) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:050 & E. Presumptive eligibility.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 5 to: (1) comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) correct citations. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:060 & E. Medicaid adverse action and conditions for recipients.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, and 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:075 & E. Eligibility provisions and requirements regarding former foster care individuals.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5, and 7 through 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 7 to clarify inmate eligibility for Medicaid in specified circumstances. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 20:100 & E. Modified Adjusted Gross Income (MAGI) Medicaid eligibility standards.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 4, and 6 through 12 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 6 to clarify inmate eligibility for Medicaid in specified circumstances. Without objection, and with agreement of the agency, the amendments were approved.
The following administrative regulations were deferred to the March 10, 2014, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Licensure for Professional Art Therapists: Board
201 KAR 34:020. Fees.
201 KAR 34:025. Application; approved programs.
201 KAR 34:030. Continuing education requirements.
201 KAR 34:040. Code of ethics.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Kentucky Board of Education: Department of Education: Office of Learning Support Services
704 KAR 7:151. Repeal of 704 KAR 7:150.
LABOR CABINET: Kentucky Occupational Safety and Health Review Commission: Commission
803 KAR 50:010. Hearings; Procedure, Disposition.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:350. Coverage and payments for organ transplants.
Division of Community Alternatives: Certified Provider Requirements
907 KAR 7:005. Certified waiver provider requirements.
The Subcommittee adjourned at 2:40 p.m. until March 10, 2014 at 1:30 p.m.