Administrative Regulation Review Subcommittee

 

Minutes of the May Meeting

 

May 5, 2015

 

Call to Order and Roll Call

The May meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, May 5, 2015, at 1:00 PM, in Room 149 of the Capitol Annex. Representative Mary Lou Marzian, Chair, called the meeting to order, and the secretary called the roll.

 

Present were:

 

Members: Senator Ernie Harris, Co-Chair; Representative Mary Lou Marzian, Co-Chair; Senators Julie Raque Adams, Perry B. Clark, and Alice Forgy Kerr; Representatives Denver Butler and Tommy Turner.

 

Guests: Melissa Justice, Kentucky Education Assistance Authority; Dinah Bevington, Personnel Cabinet; David Gordon, Department of Revenue; Tony Barrett, Jane Gardner, Sherrie Long, Board of Landscape Architects; Sierra Newmann, Marcus Jones, Board of Prosthetics, Orthotics and Pedorthics; Mark Bizzell, Labor Cabinet; Dana Todd, Alcohol Beverage Control; Stephanie Brammer Barnes, Maryellen Mynear, Connie Payne, Office of Inspector General; Stuart Owen, Department for Medicaid Services; Michelle Blevins, Tanya Dickinson, Division of Behavioral Health; Victoria Eldridge, Phyllis Sosa, Department for Aging and Independent Living; Sheila Schuster, lobbyist, Kentucky Coalition of Nurse Practitioners and Nurse Midwives.

 

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

 

Administrative Regulations Reviewed by the Subcommittee:

 

KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Authority

 

11 KAR 4:080. Student aid applications. Melissa Justice, senior associate counsel, represented the division.

 

Grant Programs

 

11 KAR 5:145. CAP grant award determination procedure.

 

In response to questions by Co-Chair Harris, Ms. Justice stated that the amount of family contribution was based on Pell Grant calculations. The CAP grant amount varied based on fund availability and the number of eligible recipients. Prioritization was established by the order of application submission; applicants who filed early were given priority over those who filed later.

 

Kentucky Educational Excellence Scholarship Program

 

11 KAR 15:010. Definitions for 11 KAR Chapter 15.

 

A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 1 to: (1) correct citations; 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 15:090. Kentucky Educational Excellence Scholarship (KEES) program.

 

PERSONNEL CABINET: Classified

 

101 KAR 2:102. Classified leave general requirements. Dinah Bevington, general counsel, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: (1) to amend 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 9, 11, and 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 2:105. Sick leave sharing procedures.

 

In response to a question by Co-Chair Marzian, Ms. Bevington stated that, for the purposes of 101 KAR 2:105 and 2:106, donating less than a full day's sick or annual leave time had in the past been an administrative problem logistically. The requirement that leave donations be in an amount not less than seven and one-half hours for an employee working a 37.5 hour work week was already established in these administrative regulations. Because some employees worked under a different system, these administrative regulations were amended to establish that leave donations shall be in an amount not less than eight hours for an employee working a 40 hour work week.

 

A motion was made and seconded to approve the following: (1) to amend the STATUTORY AUTHORITY paragraph to correct a citation; (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clearly state the necessity for and function served by this administrative regulation, as required by KRS 13A.220; and (3) to amend Section 1 to make a grammatical correction. Without objection, and with agreement of the agency, the amendments were approved.

 

101 KAR 2:106. Annual leave sharing procedures.

 

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

 

101 KAR 2:160. Kentucky Employee Assistance Program (KEAP).

 

101 KAR 2:180. Employee performance evaluation system.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 9 to establish requirements for requesting an exception to evaluation provisions; and (2) to amend Sections 1 and 5 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

Unclassified

 

101 KAR 3:015. Leave requirements for unclassified service.

 

A motion was made and seconded to approve the following amendments: (1) to amend 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 5, 11, and 12 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.

 

FINANCE AND ADMINISTRATION CABINET: Department of Revenue: Office of Property Valuation: Forms

 

103 KAR 3:030 & E. Property and Severance Forms manual. David Gordon, executive director, represented the department.

 

GENERAL GOVERNMENT CABINET: Board of Landscape Architects: Board

 

201 KAR 10:050. Fees. Tony Barrett, landscape architect and task force member for the board; Jane Gardner, executive director; and Sherie Long, landscape architect and board member, represented the board.

 

PUBLIC PROTECTION CABINET: Office of Occupations and Professions: Board of Prosthetics, Orthotics, and Pedorthics: Board

 

201 KAR 44:010. Fees. Sierra Newman, chair, and Marcus Jones, assistant attorney general, represented the board.

 

In response to questions by Co-Chair Harris, Ms. Newman stated that the fees had not been increased since the inception of this administrative regulation in 2013. Board expenses had increased, including increased charges to the board from the Office of Occupations and Professions. The General Assembly had not swept funds from this board. Licensees were notified of the proposed fees; however licensees did not comment on the fee increases during the public comment period.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES to paragraph to correct 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.

 

LABOR CABINET: Labor Standards; Wages and Hours

 

803 KAR 1:035. Hearing procedure. Mark Bizzell, assistant general counsel, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO and STATUTORY AUTHORITY paragraphs 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 Section 1 to: (a) clarify requirements; and (b) comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Retail Premises

 

804 KAR 7:011. Repeal of 804 KAR 7:010. Dana Todd, staff attorney, represented the department.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Health Care: Long-term Care

 

900 KAR 2:050. Transfer and discharge rights. Stephanie Brammer-Barnes, internal policy analyst; Maryellen Mynear, inspector general; and Connie Payne, deputy inspector general, represented the cabinet.

 

Department for Medicaid Services: Division of Community Alternatives: Medicaid Services

 

907 KAR 1:044. Coverage provisions and requirements regarding community mental health center behavioral health services. Stuart Owen, regulation coordinator, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 13 to change the edition date of the material incorporated by reference; (2) to amend the Community Mental Health Center Behavioral Health Services Manual incorporated by reference to: (a) add two practitioner types (certified prevention professionals and pregnant women substance use treatment community support associates) as authorized providers of pregnant women substance use prevention services and case management services; (b) remove peer support specialists from the list of practitioners authorized to provide pregnant women substance use prevention services and case management services; (c) clarify the requirements to qualify for pregnant women substance use case management services; and (d) establish supervision requirements for pregnant women substance use preventive services; (3) to amend the STATUTORY AUTHORITY paragraph and Section 1 to correct citations; (4) to amend Section 2 to delete a fifth option for qualifying as a psychiatric nurse (possessing any level of education with American Nursing Association certification as a psychiatric or mental health nurse) because that provision was not consistent with the provisions in the manual incorporated by reference; and (5) to amend Section 7 and the material incorporated by reference to: (a) remove conflicting provisions; (b) specify that records shall also be made available for inspection and copying by a managed care organization if the recipient is enrolled in an MCO; (c) specify that the coverage of services provided by a licensed clinical alcohol and drug counselor or counselor associate is contingent and effective upon approval by the Centers for Medicare and Medicaid Services; and (d) 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: Medicaid Services

 

907 KAR 1:102. Advanced practice registered nurse services.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 13 to change the edition date of the material incorporated by reference; (2) to amend the Physician Injectable Drug List incorporated by reference to: (a) add injectable drugs to the list; and (b) update dosages and national drug codes (NDCs) for injectable drugs already included on the list; (3) to amend Sections 2 and 3 to correct cross-references; and (4) to amend Section 4 to correct capitalizations. Without objection, and with agreement of the agency, the amendments were approved.

 

907 KAR 1:350. Coverage and payments for organ transplants.

 

A motion was made and seconded to approve the following amendment: to amend Section 4 to correct a cross-reference to another administrative regulation. Without objection, and with agreement of the agency, the amendment was approved.

 

Commissionerís Office: Hospital Service Coverage and Reimbursement

 

907 KAR 10:826. Repeal of 907 KAR 10:825.

 

Department for Behavioral Health, Developmental and Intellectual Disabilities: Division for Behavioral Health: Mental Health

 

908 KAR 2:220 & E. Adult peer support specialist. Michele Blevins, assistant director, and Tanya Dickinson, regulation coordinator, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to include a definition for "training curriculum"; (2) to amend Sections 3 and 5 to add time frames for department approvals and provider notifications; and (3) to amend Sections 3 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.

 

908 KAR 2:230 & E. Kentucky family peer support specialist.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to include a definition for "training curriculum"; (2) to amend Sections 3 and 5 to add time frames for department approvals and provider notifications; 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.

 

908 KAR 2:260 & E. Targeted case manager: eligibility and training.

 

A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to include a definition for "training curriculum"; (2) to amend Sections 3 and 4 to add time frames for department approvals and provider notifications; and (3) to amend 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.

 

Department for Aging and Independent Living: Division of Quality Living: Aging Services

 

910 KAR 1:140. Appeal Procedures. Victoria Elridge, deputy commissioner, and Phyllis Sosa, staff assistant, represented the cabinet.

 

A motion was made and seconded to approve the following amendments: to amend the RELATES TO and STATUTORY AUTHORITY paragraphs and Sections 1 and 3 to correct citations. Without objection, and with agreement of the agency, the amendments were approved.

 

910 KAR 1:170. Older American Act supportive services for the elderly.

 

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 Sections 1, 4, 5, 10, and 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.

 

910 KAR 1:210. Kentucky Long-term Care Ombudsman Program.

 

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 Sections 2, 9, 10, and 13 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.

 

910 KAR 1:220. General admission, programs for older individuals and persons with disabilities.

 

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 the RELATES TO paragraph and Sections 2, 4, 5, 7, and 8 to comply with the drafting 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 June 9, 2015, meeting of the Subcommittee:

 

GENERAL GOVERNMENT CABINET: Board of Chiropractic Examiners: Board

 

201 KAR 21:090 & E. Prechiropractic education requirements.

 

JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary

 

501 KAR 6:020. Corrections policies and procedures.

 

TRANSPORTATION CABINET: Department of Vehicle Regulation: Division of Motor Carriers: Motor Carriers

 

601 KAR 1:112 & E. Transportation network company.

 

Kentucky Bicycle and Bikeways Commission: Office of the Secretary: Motorcycle and Bicycle Safety

 

601 KAR 14:020. Bicycle safety standards.

 

CABINET FOR HEALTH AND FAMILY SERVICES: Office of Inspector General: Division of Health Care: Health Services and Facilities

 

902 KAR 20:091. Facilities specifications, operation and services; community mental health center. Stephanie Brammer-Barnes, internal policy analyst; Maryellen Mynear, inspector general; and Connie Payne, deputy inspector general, represented the cabinet. Sheila Schuster, lobbyist, Kentucky Coalition of Nurse Practitioners and Nurse Midwives, testified concerning 902 KAR 20:400.

 

902 KAR 20:400. Limited services clinics.

 

In response to questions by Co-Chair Harris, Ms. Payne stated that advanced practice registered nurse training included diagnosis and treatment of chronic conditions in addition to other illnesses. The cabinet was continuing to develop requirements for limited services clinics that did not have a physician directly on site. Chart review was another issue the cabinet was still working with stakeholders to address. Ms. Mynear explained the various levels of nursing certification.

 

In response to a question by Senator Raque Adams, Ms. Payne stated that the cabinet began developing these requirements in 2013 after a request from Baptist Health. Multiple drafts were circulated among stakeholders; however, stakeholders had not reached a consensus. The cabinet was attempting to improve access to health care while still providing sufficient safeguards to protect public health and safety.

 

Ms. Schuster stated that drafts were not circulated initially to nurse practitioners and that, for that group, this process only began once this administrative regulation was actually filed. Nurse practitioners were not required to be supervised by a physician. Recent legislation changed prescribing provisions but did not address the issue of limited services clinics treating patients with chronic health conditions.

 

The agency requested deferral of this administrative regulation to the June 9 meeting of the Subcommittee. Without objection, and with agreement of the Subcommittee, this administrative regulation was deferred.

 

Department for Medicaid Services: Division of Community Alternatives: Medicaid Services

 

907 KAR 1:045 & E. Reimbursement provisions and requirements regarding community mental health center services.

 

Division of Policy and Operations: Medicaid Services

 

907 KAR 1:046. Community mental health center primary care services.

 

The Subcommittee adjourned at 1:30 p.m. until June 9, 2015, at 1 p.m.