Call to Order and Roll Call
The March meeting of the Administrative Regulation Review Subcommittee was held on Monday, March 10, 2014, at 1:30 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 Perry B. Clark, Sara Beth Gregory, and Alice Forgy Kerr; Representatives Robert R. Damron, Jimmie Lee, and Tommy Turner.
Guests: Andy Crocker, Personnel Board; Tim Bennett, David Gordon, Steve Washing, Department of Revenue; Michael West; Long Term Care Administrators; Angela Evans, Board of Hearing Instrument Specialists; Stewart Bridgeman, Jim Grawe, Board of Licensure for Professional Art Therapists; Tina Brunges, David Wicker; Department of Fish and Wildlife Resources; Amy Barker, Department of Corrections; Alice Blackwell, Virginia Carrington, Elizabeth Caywood, Allison Lile, Gretchen Marshall, and Stuart Owen, Cabinet for Health and Family Services.
LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Emily Harkenrider, Karen Howard, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Monday, March 10, 2014, and submits this report:
Administrative Regulations Reviewed by the Subcommittee:
PERSONNEL BOARD: Board
101 KAR 1:325. Probationary periods. Andy Crocker, general counsel, represented the board.
A motion was made and seconded to approve the following amendment: to amend Section 1(2) to insert two (2) classifications that were inadvertently omitted. Without objection, and with agreement of the agency, the amendment was approved.
FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Forms
103 KAR 3:010 & E. General Administrative Forms Manual. Tim Bennett, assistant director; David Gordon, executive director of property valuation; and Steve Washing, director of the Division of Income Tax, 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 and 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:020 & E. Sales and Telecommunications Forms Manual.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to correct a statutory citation; and (2) 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.
103 KAR 3:030 & E. Property and Severance Forms Manual.
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 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
103 KAR 3:040 & E. Income Tax Forms Manual.
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 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Licensure for Long Term Care Administrators: Board
201 KAR 6:020. Other requirements for licensure. Michael West, assistant attorney general, represented the board.
In response to questions by Co-Chair Bell, Mr. West stated that the substantive revisions to the material incorporated by reference were for the purpose of making the material correspond to recent amendments to these administrative regulations. Licensees were alerted of these changes by the new forms being posted to the board’s Web site. The board would alert licensees who inadvertently filed older forms and give them time to refile.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Sections 1 and 2 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 6:040. Renewal, reinstatement, and reactivation of license.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct an agency response; and (3) to revise a form incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 6:050. Licensure by endorsement.
201 KAR 6:070. Continuing education requirements.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to change the reference from a "licensed nursing home administrator" to "a licensed long-term care administrator"; (2) to amend Sections 3, 5, 6, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 8 to specify that an appeal of the board's denial of continuing education hours shall be conducted in accordance with KRS Chapter 13B; and (4) 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.
Licensing Board for Specialists in Hearing Instruments: Board
201 KAR 7:015. Fees. Angela Evans, assistant attorney general, represented the board.
In response to a question by Co-Chair Harris, Ms. Evans stated that an applicant paid the nonrefundable fee prior to taking the apprentice licensure examination. The fee covered the board’s cost of processing the application.
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 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 4 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Licensure for Professional Art Therapists: Board
201 KAR 34:020. Fees. Stewart Bridgeman, board member, and James Grawe, assistant attorney general, represented the board.
In response to questions by Co-Chair Harris, Mr. Bridgeman stated that continuing education requirements were commensurate with other states. Professional art therapy had been omitted from Medicaid participation; however, the board was hoping to expand professional art therapy in Kentucky. Out-of-state applicants for licensure were required to comply with all applicable requirements of KRS Chapter 309 and 201 KAR Chapter 34.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to reference statutory requirements; (3) to amend Sections 1, 4, 5, and 6 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to create a new Section 2 to establish that the applicant shall pay the national examination fee established by the National Art Therapy Credentials Board; (5) to amend Section 3 to lower the renewal fee for professional art therapist associate licensure from $150 to $100; (6) to amend Section 5 to lower the reinstatement fee for a professional art therapist associate license from $100 to fifty (50) dollars; and (7) to amend Section 6 to incorporate by reference a new reinstatement form for a licensed professional art therapist associate. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 34:025. Application; approved programs.
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 and Sections 1 through 3 to comply with the drafting and formatting requirements of KRS Chapter 13A; (3) to amend Section 2 to clarify that education for psychopathology shall be required specific to the practice of art therapy and also more generally; and (4) to amend the material incorporated by reference to correspond to the requirements established in this administrative regulation. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 34:030. Continuing education requirements.
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 1 through 6, 9, and 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to and Section 2 to clarify that the three (3) hours of continuing education in ethics are included within the number of hours required for each category of licensee; and (5) to amend Section 10 to establish that a person requesting reinstatement or reactivation of professional art therapist associate licensure shall submit eighteen (18) hours of continuing education within the twenty-four (24) month period immediately preceding the submission of the request and, if reinstated, shall obtain eighteen (18) hours of continuing education within six (6) months. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 34:040. Code of ethics.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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 Sections 1 through 5 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (4) to revise the REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT to correct agency responses. 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 2:172. Deer hunting seasons, zones, and requirements. Tina Burges, elk and deer coordinator, and David Wicker, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 5, 7, 9, and 11 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
301 KAR 2:178. Deer hunting on Wildlife Management Areas, state parks, other public lands, and federally controlled areas.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 through 10 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to add Section 11 to incorporate by reference the application form. 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 6:130. Western Kentucky Correctional Complex. Amy Barker, general counsel, represented the department.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to change the edition date of material incorporated by reference; and (2) to amend WKCC 16-01-01 to: (a) delete redundant provisions; and (b) clarify dress code requirements. Without objection, and with agreement of the agency, the amendments were approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office for Health Policy: Data Reporting and Public Use Data Sets
900 KAR 7:030 & E. Data reporting by health care providers. Allison Lile, data administrator, represented the cabinet.
Department for Medicaid Services: Medicaid Services
907 KAR 1:350. Coverage and payments for organ transplants. Alice Blackwell, assistant director, and Stuart Owen, regulation coordinator, represented the department.
In response to questions from Co-Chair Bell, Mr. Owen stated that managed care organizations were required to contract with enough providers that agreed to reimbursement terms to ensure adequate options and access. Recipients may change providers during open enrollment or other specified opportunities.
In response to a question from Representative Lee, Mr. Owen indicated his agreement that organ transplants required preauthorization; therefore, the amount of procedural reimbursement, not including after care, would have already been agreed to.
Representative Damron stated his ongoing concern that Medicaid recipients were at risk of receiving substandard care in comparison with other patients. In cases of denial of services, Medicaid recipients would have less recourse to appeal because denial review was not as independent or external as non-Medicaid systems. Mr. Owen stated that recipients who wished to appeal denials first appeal to the MCO, and a second appeal may be made to the cabinet afterward if necessary. A clinical professional was required on the MCO appeal consideration team, and the cabinet also had clinical professionals for second appeals, if applicable.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to correct citations to federal regulations; and (2) to amend Section 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
907 KAR 1:913E. Repeal of 907 KAR 1:900.
Certified Provider Requirements
907 KAR 7:005. Certified waiver provider requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 through 6, 9, 10, 11, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A; (2) to amend Section 4 to specify that the department shall have thirty (30) days in which to review a corrective action plan and notify the provider of the results of that review; and (3) to amend Section 9 to specify provisions for not renewing a provider’s participation or not enrolling an applicant. Without objection, and with agreement of the agency, the amendments were approved.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:035. Right to apply and reapply. Virginia Carrington, assistant director; Elizabeth Caywood, internal policy analyst IV; and Gretchen Marshall, branch manager, represented the division.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and NECESSITY, FUNCTION, AND CONFORMITY paragraphs to correct statutory citations; and (2) to amend Sections 1 and 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Division for Protection and Permanency: Child Welfare
922 KAR 1:330. Child protective services.
The following administrative regulations were deferred to the April 14, 2014, meeting of the Subcommittee:
KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority
11 KAR 4:080. Student aid applications.
OFFICE OF THE GOVERNOR: Department for Local Government: Special Purpose Governmental Entities
109 KAR 16:010 & E. Special purpose governmental entities.
GENERAL GOVERNMENT CABINET: Board of Barbering: Board
201 KAR 14:015. Retaking of examination.
201 KAR 14:030. Five (5) year expiration of license.
201 KAR 14:040. Inspection of shops and schools.
201 KAR 14:050. Probationary license; qualifications.
201 KAR 14:052. Repeal of 201 KAR 14:051, 201 KAR 14:080, and 201 KAR 14:170.
201 KAR 14:060. Licensing requirements for qualified nonresidents.
201 KAR 14:065. Place of business requirements.
201 KAR 14:085. Sanitation requirements.
201 KAR 14:115. Examinations; school and board.
201 KAR 14:150. School records.
201 KAR 14:180. License fees, examination fees, renewal fees, and expiration fees.
Board of Nursing: Board
201 KAR 20:470. Dialysis technician credentialing requirements and training program standards.
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.
PUBLIC PROTECTION CABINET: Kentucky Horse Racing Commission: Thoroughbred Racing
810 KAR 1:040. Drug, medication, and substance classification schedule and withdrawal guidelines.
Harness Racing
811 KAR 1:090. Medication; testing procedures; prohibited practices.
811 KAR 1:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
811 KAR 1:095. Disciplinary measures and penalties.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:093. Drug, medication, and substance classification schedule and withdrawal guidelines.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Kentucky Health Benefit Exchange: Kentucky Health Benefit Exchange
900 KAR 10:100 & E. Appeals of Eligibility Determinations for KHBE Participation and Insurance Affordability Programs.
Department for Medicaid Services: Medicaid Services
907 KAR 1:039 & E. Hearing Program reimbursement provisions and requirements.
Private Duty Nursing
907 KAR 13:015 & E. Private duty nursing service reimbursement provisions and requirements.
The Subcommittee adjourned at 2:15 p.m. until March 10, 2014 at 10 a.m.; however, if either chamber of the General Assembly is in session at that time, the time will be adjusted.