Administrative Regulation Review Subcommittee

 

Minutes of the<MeetNo1> December Meeting

 

of the 2014 Interim

 

<MeetMDY1> December 9, 2014

 

Call to Order and Roll Call

The<MeetNo2> December meeting of the Administrative Regulation Review Subcommittee was held on<Day> Tuesday,<MeetMDY2> December 9, 2014, at<MeetTime> 1:00 PM, in<Room> Room 149 of the Capitol Annex. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members:<Members> Senator Ernie Harris, Co-Chair; Senators Perry B. Clark, Sara Beth Gregory, and Alice Forgy Kerr; Representatives Robert R. Damron, and Jimmie Lee.

 

Guests: Becky Gilpatrick, Carl Rollins, Kentucky Higher Education Assistance Authority; Alicia Snead; Education Professional Standards Board, Jennifer Jones, Brian Thomas, Retirement Systems; Peggy Guier, Craig Potts, Scot Walters, Kentucky Heritage Council; Ron Brooks, Karen Waldrop, David Wicker, Department of Fish and Wildlife; Larry Roberts, Chip Smith, Labor Cabinet; Marc Guilfoil, Susan Speckert, Horse Racing Commission; Mitch Buchanan, Brian Judy, Board of home Inspectors; Diona Mullins, Office of Health Policy; Carrie Banahan, Chandra Venettozzi, Office of Health Benefit and Health Information Exchange; Laura Begin, Matt McKinley, Gary Kupchinsky, Paul Royce, Department for Public Health; Leslie Hoffmann, Stuart Owen, Department of Medicaid Services; Cathy Lester, Mike Weinrauch, Commission for Children with Special Health Care Needs; Christa Bell, Elizabeth Caywood, Pam Cotton, Steven Fisher, Jennie Willson, Department for Community Based Services.

 

LRC Staff: Donna Little, Emily Caudill, Sarah Amburgey, Carrie Klaber, Karen Howard, Emily Harkenrider, Ange Bertholf, and Betsy Cupp.

 

The Administrative Regulation Review Subcommittee met on Tuesday, December 9, 2014, and submits this report:

 

Administrative Regulations Reviewed by the Subcommittee:

 

KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Kentucky Loan Program

 

11 KAR 3:100. Administrative wage garnishment. Becky Gilpatrick, director of student services, and Carl Rollins II, executive director, represented the division.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 2, 4, and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Authority

 

11 KAR 4:080. Student aid applications.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct citations; 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. Without objection, and with agreement of the agency, the amendments were approved.

 

KHEAA Grant Programs

 

11 KAR 5:001. Definitions pertaining to 11 KAR Chapter 5.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 to: (1) add a definition; and (2) comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 5:033. KTG student eligibility requirements.

 

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.

 

11 KAR 5:034. CAP grant student eligibility.

 

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.

 

11 KAR 5:170. Refund and repayment policy.

 

In response to a question by Co-Chair Harris, Ms. Gilpatrick stated that need-based scholarships were the program's top priority so refunds of need-based scholarships were prioritized ahead of others. This enabled KHEAA to offer funds to more students in need.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct citations; 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.

 

Teacher Scholarship Loan Program

 

11 KAR 8:030. Teacher scholarships.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 3, 5, 8, 10, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Kentucky Educational Excellence Scholarship Program

 

11 KAR 15:060. Kentucky Educational Excellence Scholarship overpayment and refund and repayment procedure.

 

A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct citations; and (2) to amend Sections 3 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) program.

 

In response to a question by Co-Chair Harris, Mr. Rollins stated that the division anticipated the need for increased funding over the next six (6) years as a result of program changes. The division anticipated at $4.5 million increase in funding needs by six (6) years from the effective date of this administrative regulation. Funding was from the lottery, and lottery revenue was expected to keep pace with the increased funding needs.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 3, 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.

 

Coal County Scholarship Program for Pharmacy Students

 

11 KAR 19:010. Coal County Scholarship Program for pharmacy students.

 

A motion was made and seconded to approve the following amendments: to amend Sections 1, 5, 6, and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Coal County College Completion Program

 

11 KAR 20:001. Definitions for 11 KAR Chapter 20.

 

In response to a question by Co-Chair Harris, Mr. Rollins stated that this administrative regulation was amended commensurate with a statutory revision to clarify that a recipient of the scholarship shall be a resident or former resident of a coal-producing county. Previously, the scholarship was awarded to someone who was not from a coal-producing county but who agreed to work in a coal-producing county after graduation.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 20:010. Student eligibility requirements.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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: (a) establish that a student may appeal the denial of the award in accordance with 11 KAR 4:030; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 20:020. Application and certification.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 1 to clarify that the scholarship application shall be completed online from the KHEAA Web site; (4) to amend Section 2 to establish that the deadline for certification to be completed and submitted to authority shall be no later than June 30 for consistency with 11 KAR 20:001; and (5) 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.

 

11 KAR 20:030. Award determination procedure.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correction citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; (3) to amend Section 2 to clarify how full and part-time enrollment status shall be determined for eligibility based upon the number of credit hours in which an eligible student is enrolled in accordance with 34 C.F.R. 668.2; and (4) 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.

 

11 KAR 20:040. Disbursement.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 20:050. Refunds and repayment.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct 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 3 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 20:060. Records and reports.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; 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. Without objection, and with agreement of the agency, the amendments were approved.

 

11 KAR 20:070. Dual enrollment under consortium agreement.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly establish the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Sections 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.

 

EDUCATION PROFESSIONAL STANDARDS BOARD: Educator Preparation

 

16 KAR 5:060. Literacy program requirements for middle school, high school, grades 5-12, and grades P-12 certification programs. Alicia Sneed, director of legal services, represented the board.

 

In response to a question by Co-Chair Harris, Ms. Sneed stated that the standards in this administrative regulation were established by a literacy group that was part of the national branch of the international standards association.

 

A motion was made and seconded to approve the following amendments: 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.

 

FINANCE AND ADMINISTRATION CABINET: Kentucky Retirement Systems: General Rules

 

105 KAR 1:291. Repeal of 105 KAR 1:290 and 105 KAR 1:360. Jennifer Jones, assistant general counsel, and Brian Thomas, general counsel, represented the systems.

 

105 KAR 1:410. Kentucky Retirement Systems Health Insurance and Kentucky Retirement Systems Insurance Fund Trust.

 

A motion was made and seconded to approve the following amendments: (1) to amends the RELATES TO and STATUTORY AUTHORITY paragraphs to correct 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, 2, 3, 5, 6, 7, 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.

 

TOURISM, ARTS AND HERITAGE CABINET: Kentucky Heritage Council: Council

 

300 KAR 6:010. Historic rehabilitation tax credit certifications. Craig Potts, director, and Scot Walters, site development program manager, represented the council.

 

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 and Section 6 to correct citations; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 5, 6, 8, and 9 to comply with the drafting requirements of KRS Chapter 13A; and (3) to amend Section 11 to revise material incorporated by reference. Without objection, and with agreement of the agency, the amendments were approved.

 

Department of Fish and Wildlife Resources: Fish

 

301 KAR 1:015. Boat and motor restrictions. Ron Brooks, fisheries director; Karen Waldrop, deputy commissioner; 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 2 through 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Game

 

301 KAR 2:140. Requirements for wild turkey hunting.

 

In response to questions by Co-Chair Harris, Ms. Waldrop stated that the .410 shotgun was appropriate for harvesting wild turkey at close range, especially if youth were involved because the shotgun was easy for youth to operate. The ammunition would be 4, 5, or 6 shotgun shells.

 

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 Section 1 to add three (3) definitions; and (3) to amend Sections 1 through 7 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 2:144. Fall wild turkey hunting.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

LABOR CABINET: Department of Labor: Labor Standards; Wages and Hours

 

803 KAR 1:010. Registration of apprenticeship programs. Larry Roberts, secretary, and Chip Smith, general counsel, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 through 4 and 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

PUBLIC PROTECTION CABINET: Horse Racing Commission: Thoroughbred Racing

 

810 KAR 1:028. Disciplinary measures and penalties. Marc Guilfoil, director of racing, and Susan Speckert, general counsel, represented the commission.

 

In response to a question by Co-Chair Harris, Ms. Speckert stated that these administrative regulations were amended to delete language related to license revocation because that provision was already established by statute and another administrative regulation.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to align the overage amounts for permitted NSAIDs with 810 KAR 1:018; (2) to amend Sections 1, 2, 4, and 5 to: (a) comply with the drafting requirements of KRS Chapter 13A; and (b) make technical corrections; and (3) to establish Section 12 to incorporate by reference the form to request post-race testing of a claimed horse and the claim blank envelope. Without objection, and with agreement of the agency, the amendments were approved.

 

Harness Racing

 

811 KAR 1:095. Disciplinary measures and penalties.

 

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 Section 5 to align the overage amounts for permitted NSAIDs with 811 KAR 1:090; and (3) to amend Sections 2, 5, 6, and 10 to: (a) comply with the drafting and formatting requirements of KRS Chapter 13A; and (b) make technical corrections. Without objection, and with agreement of the agency, the amendments were approved.

 

Quarter Horse, Appaloosa and Arabian Racing

 

811 KAR 2:100. Disciplinary measures and penalties.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 4 to align the overage amounts for permitted NSAIDs with 811 KAR 2:096; (2) to amend Sections 1, 2, 4, and 5 to: (a) comply with the drafting requirements of KRS Chapter 13A; and (b) make technical corrections; and (3) to establish Section 12 to incorporate by reference the form to request post-race testing of a claimed horse and the claim blank envelope. Without objection, and with agreement of the agency, the amendments were approved.

 

Office of Occupations and Professions: Board of Home Inspectors: Board

 

815 KAR 6:001. Definitions for 815 KAR Chapter 6. Mitch Buchanan, chair, and Brian Judy, assistant attorney general, represented the board.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs to correct statutory citations. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 6:010. Home inspector licensing requirements and maintenance of records.

 

A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 4 through 7, and 9 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 board responses. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 6:030. Home inspector standards of conduct.

 

A motion was made and seconded to approve the following amendments: (1) to amend the STATUTORY AUTHORITY paragraph to correct statutory citations; and (2) to amend Sections 1 and 2 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 6:090. Procedures for complaints and administrative hearings.

 

In response to questions by Co-Chair Harris, Mr. Judy stated that KRS Chapter 198B established statutory authority for this administrative regulation. During the public comment period, one (1) commenter expressed concerns regarding administrative due process concerns.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

815 KAR 6:100. Compensation.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: Certificate of Need

 

900 KAR 6:060. Timetable for submission of certificate of need applications. Diona Mullins, policy advisor, represented the cabinet.

 

Representative Lee thanked the cabinet for revising this administrative regulation on behalf of stakeholders.

 

900 KAR 6:065. Certificate of need application process.

 

A motion was made and seconded to approve the following amendment: to amend Section 8(3) to change a date reference from January 1, 2015, to the effective date of the administrative regulation. Without objection, and with agreement of the agency, the amendment was approved.

 

Office of Health Benefit and Health Information Exchange: Health Benefit Exchange

 

900 KAR 10:030. Kentucky Health Benefit Exchange Eligibility and Enrollment in a Qualified Health Plan. Carrie Banahan, executive director, and Chandra Venettozzi, health data administrator, represented the cabinet.

 

In response to a question by Co-Chair Harris, Ms. Banahan stated that the amendment to this administrative regulation reflected federal revisions.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 2 to: (a) delete outdated provisions that related to the initial open enrollment period that ended March 31, 2014; and (b) specify what happens to applications if requested information is not submitted within the ninety (90) day period; (2) to amend Section 7 to update provisions that had established an effective date prior to the effective date of this administrative regulation; and (3) to amend Sections 2, 3, 4, 6, and 7 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 for Public Health: Office of Vital Statistics: Vital Statistics

 

901 KAR 5:025. Kentucky Electronic Death Registration System. Laura Begin, regulation coordinator; Matt McKinley, radiation branch manager; and Paul Royce, State Registrar, Office of Vital Statistics, represented the cabinet.

 

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 correct a citation. Without objection, and with agreement of the agency, the amendments were approved.

 

Division of Prevention and Quality Improvement: Programs for the Underserved

 

902 KAR 21:010. Eligibility for the Kentucky Physicians Care (KPC) program. Laura Begin, regulation coordinator; Gary Kupchinsky, director, Division of Prevention and Quality Improvement; Matt McKinley, radiation branch manager; and Paul Royce, State Registrar, Office of Vital Statistics, represented the cabinet.

 

In response to questions by Co-Chair Harris, Mr. Kupchinsky stated that the delay between the time that the statute was amended until this administrative regulation was revised accordingly was due to the time required for internal drafting and review. No public comments were received during the public comment period.

 

A motion was made and seconded to approve the following amendments: to amend Section 1 to comply with the formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Division of Public Health Protection and Safety: Radiology

 

902 KAR 100:010. Definitions for 902 KAR Chapter 100. Laura Begin, regulation coordinator; Matt McKinley, radiation branch manager; and Paul Royce, State Registrar, Office of Vital Statistics, represented the cabinet.

 

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.

 

902 KAR 100:019. Standards for protection against radiation.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 2 through 4, 15, 16, 23, 25, and 27 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:042. Decommissioning and financial surety.

 

A motion was made and seconded to approve the following amendments: to amend Sections 3 and 8 through 15 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:058. Specific licenses to manufacture, assemble, repair, or distribute products.

 

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, 2, 4, 5, and 9 through 12 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:070. Transportation of radioactive material.

 

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, 3, 7, 10, 13, 14, 15, 17, 20, 21, 22, and 26 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:072. Use of radionuclides in the health arts.

 

A motion was made and seconded to approve the following amendments: to amend Sections 5, 15, 16, 17, 19, 22, 26, 27, 29, 50, 64, 65, 68, 69, 70, 76, 78, and 79 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:100. Industrial radiography.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 14, and 16 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

902 KAR 100:142. Wire line service operations.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 5, 13, 17, 22, 24, and 29 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Department for Medicaid Services: Commissionerís Office: Medicaid Services

 

907 KAR 1:516E. Repeal of 907 KAR 1:515, 907 KAR 1:520, 907 KAR 1:525, 907 KAR 1:530, 907 KAR 1:550, and 907 KAR 1:555. Stuart Owen, regulation coordinator, and Natalie Kelly, division director, represented the cabinet.

 

Behavioral Health

 

907 KAR 15:005 & E. Definitions for 907 KAR Chapter 15.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO 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.

 

Division of Policy and Operations: Behavioral Health

 

907 KAR 15:020 & E. Coverage provisions and requirements regarding services provided by behavioral health service organizations.

 

A motion was made and seconded to approve the following amendments: to amend the TITLE and Sections 2, 3, 4, and 6 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

907 KAR 15:025 & E. Reimbursement provisions and requirements regarding behavioral health services provided by behavioral health service organizations.

 

A motion was made and seconded to approve the following amendments: (1) to amend the TITLE and the NECESSITY, FUNCTION, AND CONFORMITY paragraph to correct typographical errors; and (2) to amend Section 1 to delete provisions that repeated requirements of 907 KAR 15:020. Without objection, and with agreement of the agency, the amendments were approved.

 

Commission for Children with Special Health Care Needs: Division of Clinical and Augmentative Services: Children with Special Health Care Needs Services

 

911 KAR 1:085. Early Hearing Detection and Intervention Program. Cathy Lester, program administrator, and Mike Weinrauch, program administer, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO; STATUTORY AUTHORITY; and NECESSITY, FUNCTION, AND CONFORMITY paragraphs and Sections 3, 4, and 10 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 for Community Based Services: Division of Protection and Permanency: Child Welfare

 

922 KAR 1:360 & E. Private child care placement, levels of care, and payment. Christa Bell, assistant director; Elizabeth Caywood, internal policy analyst; and Steven Fisher, branch manager, represented the cabinet.

 

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 correct 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, 2, 4, 5, and 11 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Division of Protection and Permanency: Adult Services

 

922 KAR 5:070 & E. Adult protective services.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO paragraph to correct citations. Without objection, and with agreement of the agency, the amendments were approved.

 

922 KAR 5:120 & E. Caregiver misconduct registry and appeals.

 

A motion was made and seconded to approve the following amendment: to amend Section 6 to correct a formís edition date. Without objection, and with agreement of the agency, the amendment was approved.

 

Other Business: Co-Chair Harris thanked subcommittee members who were leaving the General Assembly. A resolution for each member had been prepared.

 

Co-Chair Harris stated that Representative Lee would be missed by the subcommittee, especially regarding matters pertaining to administrative regulations from the Cabinet for Health and Family Services, in which Representative Lee exhibited unparalleled expertise. Senator Clark stated that Representative Lee had been a champion for his constituents. Representative Lee stated that every legislator should have an opportunity to participate as a member of this important subcommittee because this experience gave a legislator insight into many aspects of government. He emphasized the importance of public input in the administrative regulation process. A motion was made and seconded to adopt the resolution prepared for Representative Lee.

 

Co-Chair Harris stated that Representative Damron would be missed by the subcommittee He would be especially missed during Appropriations and Revenue negations. Representative Damron stated that it had been his honor to serve the state for twenty-two (22) years. He stated that the voice of the people was the important thing, and he had enjoyed serving on this subcommittee because it had been a primarily bipartisan subcommittee working to improve the lives of all Kentuckians. A motion was made and seconded to adopt the resolution prepared for Representative Damron.

 

Co-Chair Harris stated that Senator Gregory would be missed by the subcommittee. She had also been an invaluable resource during caucus meetings. She had hit the ground running and raised the bar for new legislators. She had a keen understanding of the law and good judgment regarding policy making. Senator Gregory stated that it had been her privilege to serve and that she had great respect for the hard work and sacrifices made by legislators. She agreed with Representative Lee that every legislator should have an opportunity to participate as a member of this important subcommittee. A motion was made and seconded to adopt the resolution prepared for Senator Gregory.

 

Co-Chair Harris stated that he hoped all legislators, when leaving service, left with integrity intact, and he was confident that Senator Gregory, Representative Damron, and Representative Lee were leaving with their integrity intact.

 

The following administrative regulations were deferred to the January 13, 2015, meeting of the Subcommittee:

 

GENERAL GOVERNMENT CABINET: Board of Medical Licensure: Board

 

201 KAR 9:310. Continuing medical education.

 

201 KAR 9:450. Fee schedule regarding acupuncturists.

 

201 KAR 9:460. Written plan.

 

JUSTICE AND PUBLIC SAFETY CABINET: Kentucky Law Enforcement Council: Council

 

503 KAR 1:090. Approval of course curriculums.

 

TRANSPORTATION CABINET: Kentucky Bicycle and Bikeways Commission: Motorcycle and Bicycle Safety

 

601 KAR 14:020. Bicycle Safety standards.

 

Department of Highways: Division of Maintenance: Billboards

 

603 KAR 10:001. Definitions.

 

603 KAR 10:010. Static advertising devices.

 

603 KAR 10:020. Electronic advertising devices.

 

603 KAR 10:030. Removal of vegetation related to advertising devices.

 

KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM: Kentucky Fire Commission: Commission on Fire Protection Personnel Standards and Education

 

739 KAR 2:060. Certification and qualifications of fire service instructors.

 

PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Home Inspectors: Board

 

815 KAR 6:040. Home inspector prelicensing providers. Brian Judy, assistant general counsel, Mitch Buchanan, chair, represented the board. Mr. Judy requested deferral of these administrative regulations to the January 2015 meeting of the subcommittee. Without objection, and with agreement of the subcommittee, the deferral of these administrative regulations was approved.

 

815 KAR 6:080. Continuing education provider.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Department for Medicaid Services: Division of Policy and Operations: Hospital Service Coverage and Reimbursement

 

907 KAR 10:825. Diagnosis-related group (DRG) inpatient hospital reimbursement.

 

Behavioral Health

 

907 KAR 15:075 & E. Reimbursement provisions and requirements for behavioral health services provided by residential crisis stabilization units.

 

The Subcommittee adjourned at 2:10 p.m. until January 13, 2015, at 1 p.m.