Call to Order and Roll Call
The September meeting of the Administrative Regulation Review Subcommittee was held on Tuesday, 8, 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, Will Coursey, and Tommy Turner.
Guests: Becky Gilpatrick, Kentucky Higher Education Assistance Authority; Noel Caldwell, Office of Secretary of State; Dinah Bevington, Personnel Cabinet; Jennifer Jones, Brian Thomas, Kentucky Retirement Systems; Stewart Hendrix, Jennifer Linton, Finance and Administration Cabinet; Steve Hart, Joel Thornbury, Board of Pharmacy; Charles Lykins, Board of Cosmetology; Nathan Goldman, Board of Nursing; Ron Brooks, David Wicker, Department for Fish and Wildlife; John Cummings, Parole Board; Amy Barker, Department of Corrections; Nancy Albright, Rebecca Goodman, Mike Hancock, Department of Transportation; Beth Brinley, Beth Kuhn, Clay Lamb, Education and Workforce Development Cabinet; Frederick Higdon, Steve Humpress, Melissa McQueen, Department of Alcoholic Beverage Control; Shonita Bossier, Jessica Sharpe, Charles Vice, Department of Financial Institutions; Jamie Eads, Marc Guilfoil, Mary Scollay, Susan Speckert, Horse Racing Commission; Jack Coleman, Michael Davis, Gary Feck, Tina Quire, Department of Housing Buildings and Construction; David Moore, Division of Plumbing; Eric Friedlander, Diona Mullins, Office of Health Policy; Bill Nold, Chandra Venettozi, Office of Kentucky Health Benefit Exchange; Stephanie Brammer-Barnes, Maryellen Mynear, Cabinet for Health and Family Services, Office of Inspector General; Laura Begin, Justin Carey, Department for Public Health; Stuart Owen, Department of Medicaid Services; Mary Sparrow, Department of Child Support Enforcement; Virginia Carrington, Elizabeth Caywood, Kathleen Hines, Division of Family Support, Paul Bergmann, Janna Dowds, Marlene Grissom, Scenic Kentucky; Tom Fahey, Lamar Advertising; Leigh Ann Thacker, Outdoor Advertising of Kentucky; Donald Adkisson, Kentucky Chamber of Commerce; Gene Harmon, David Lyne, Bruce Wilkerson, City of Bowling Green; Martin Maline, Peter Ecabert, Rick Hiles, Kentucky Horsemen’s Benevolent & Protective Association; Matt Hammond, Mechanical Contractors Association of Kentucky, Steven Milby, Milby Plumbing and Piping; Ricky Russ, Union Plumbers of Kentucky Pipe Trades Local 502; Vicki Darnell, Ephraim McDowell Health; Neal Gold, Westlake Regional Hospital; Matt Klein, St. Elizabeth Healthcare and Baptist Health; Julie Lee M.D., Chip Richardson, M.D. Kentucky Academy of Eye Physicians and Surgeons; Christopher Markus, Baptist Convalescent Center, Inc.; Kip McNally, Commonwealth Eye Center.
LRC Staff: Donna Little, Sarah Amburgey, Carrie Klaber, Karen Howard, Emily Harkenrider, Emily Caudill, Ange Bertholf, and Betsy Cupp.
The Administrative Regulation Review Subcommittee met on Tuesday, September 8, 2015, and submits this report:
The Subcommittee determined that the following administrative regulations did not comply with statutory requirements and were deficient:
PUBLIC PROTECTION CABINET: Horse Racing Commission: Thoroughbred Racing
810 KAR 1:300. International medication protocol as a condition of a race. Jamie Eads, director; 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 stakeholders concerned with 810 KAR 1:300, 811 KAR 1:300, and 811 KAR 2:300 had not reached an agreement since these administrative regulations were deferred at the August ARRS meeting.
In response to a question by Co-Chair Marzian, Ms. Speckert stated that the commission did not agree to defer 810 KAR 1:300, 811 KAR 1:300, and 811 KAR 2:300 until the Attorney General issued an opinion regarding if these administrative regulations improperly delegated commission authority to the racetracks. The commission was confident that there was no improper delegation of authority.
Senator Raque Adams stated that she had expected some racetrack representatives to be present because the Subcommittee requested their attendance during discussions at the August 11 meeting. Ms. Speckert stated that the commission had received a letter from Turfway Park stating that it did not oppose these administrative regulations.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
Representative Butler made a motion, seconded by Representative Turner, to find 810 KAR 1:300, as amended, 811 KAR 1:300, as amended, and 811 KAR 2:300, as amended, deficient. A roll call vote was conducted, and with six (6) votes to find the administrative regulations deficient, and two (2) votes not to find them deficient, the administrative regulations, as amended, were found deficient.
Compiler's note: Pursuant to KRS 13A.335(4)(b), a new Section 5 was added to this administrative regulation to reflect the finding of deficiency.
Harness Racing
811 KAR 1:300. International medication protocol as a condition of a race.
A motion was made and seconded to approve the following amendments: to amend Sections 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.
Compiler's note: Pursuant to KRS 13A.335(4)(b), a new Section 5 was added to this administrative regulation to reflect the finding of deficiency.
Quarter Horse, Appaloosa and Arabian Racing
811 KAR 2:300. International medication protocol as a condition of a race.
A motion was made and seconded to approve the following amendments: to amend Sections Section 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.
Compiler's note: Pursuant to KRS 13A.335(4)(b), a new Section 5 was added to this administrative regulation to reflect the finding of deficiency.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of Health Policy: State Health Plan
900 KAR 5:020. State Health Plan for facilities and services. Eric Friedlander, deputy secretary, represented the cabinet. Julie Lee, MD, president, and Chip Richardson, MD, member, represented the Kentucky Academy of Eye Physicians and Surgeons and appeared in opposition to this administrative regulation. Vicki Darnell, CEO, Ephraim McDowell Health; Neal Gold, CEO, Westlake Regional Hospital; Matt Klein, attorney, St. Elizabeth Healthcare, Baptist Health; and Kip McNally, attorney, Commonwealth Eye Clinic, appeared in opposition to this administrative regulation.
In response to a question by Co-Chair Marzian, Mr. Friedlander stated that this administrative regulation was being amended to incorporate accessibility and quality standards. This administrative regulation increased accessibility, but quality standards was the major change. There had been a lot of stakeholder input in developing this administrative regulation.
Co-Chair Harris proposed a subcommittee amendment to: (1) amend Section 2(1) and the material incorporated by reference to change the edition date; and (2) amend, within the State Health Plan incorporated by reference, review criteria #1 for Ambulatory Surgical Centers (ASCs) to: (a) provide that an application to establish a megavoltage radiation service is consistent with the plan if it will be majority-owned by a Kentucky Hospital and will be accredited by the American College of Surgeons Commission on Cancer; and (b) delete the requirement that the accreditation be as an Academic Comprehensive Cancer Program. Co-Chair Harris stated that, in Ohio and Pennsylvania, similar measures had harmed hospitals. ASCs had expanded greatly in those states, while hospitals were reduced. This administrative regulation expanded health care access without regard to fiscal responsibilities for the associated expanded costs. Access was expanded in one way, but if hospitals closed as a result, access would be reduced in another way, especially for those paying via private insurance. Access may also be reduced because ASCs typically had shorter business hours than hospitals.
Co-Chair Harris proposed a second subcommittee amendment to: (1) amend Section 2(1) and the material incorporated by reference to change the edition date; and (2) amend, within the State Health Plan incorporated by reference, review criteria #1, 3, 4, 5, 6, 7, and 8 for Ambulatory Surgical Centers (ASCs) to: (a) amend criteria #1 to require that an applicant have a transfer agreement for the proposed center in place with at least one (1) acute care hospital which is located within twenty (20) minutes normal driving time of the center; (b) amend criteria #3, to provide that an ASC shall be limited to a specific type of procedure, rather than be in a county with a population greater than or equal to 75,000; (c) delete criteria #4 and 5; and (d) renumber the remaining criteria and an internal cross-reference to reflect the deletion of those two (2) items.
Mr. Friedlander stated that the office did not agree with the subcommittee amendments because these changed the State Health Plan significantly. Co-Chair Harris stated that he had other subcommittee amendments that he had planned to propose, but that he would not do so because the agency seemed unwilling to accept any amendments.
On a voice vote, the Subcommittee voted to accept the subcommittee amendments; however, because the agency did not agree to accept the subcommittee amendments, the amendments were not approved.
Co-Chair Harris stated that there were additional administrative regulations, 900 KAR 6:055, 6:070, 6:075, and 6:090, which related to the State Health Plan as it pertains to the Certificate of Need process. Those administrative regulations were tentatively on the agenda for the October 13 meeting of the Subcommittee; therefore, it was prudent to defer 900 KAR 5:020 so that these related administrative regulations could be considered together as a whole package. Mr. Friedlander stated that the State Health Plan was not eliminating the need-based part of the process and the office did not agree to defer consideration of this administrative regulation to the October 13 Subcommittee meeting.
In response to a question by Senator Raque Adams, Mr. Friedlander stated that the State Health Plan did have utilization criteria. There were exceptions to utilization criteria prior to this amendment; therefore, the State Health Plan was in full compliance with the current budget language. Senator Raque Adams stated that LRC’s budget analysts had advised that this administrative regulation was in direct conflict with the current budget language.
Dr. Lee stated that the Kentucky Academy of Eye Physicians and Surgeons supported the concept of improving access for Kentucky patients; however, changes to the ophthalmology provisions were made very late and did not seem to significantly improve access. Advanced laser technology, which was a component of the plan, was unnecessary for cataract removal, was not the standard of care, and did not provide cost savings, and most Kentucky physicians did not use advanced laser technology for cataract removal. Advanced laser technology for cataract removal increased out-of-pocket costs to the patients and had not been shown to be an improvement over other methods of removal. Typically, cataract surgery was performed on older patients who would be under Medicare, not under the Health Benefits Exchange program. Another component of the State Health Plan was the ten (10) year licensure requirement for an ASC, which would reduce the number of eligible physicians at a time when there was already a shortage of ophthalmologists in general.
Dr. Richardson stated that, although he had been practicing ophthalmological cataract surgery for over eleven (11) years, he would not qualify for the ten (10) year licensure requirement to have an ASC. Dr. Richardson agreed that most Kentucky ophthalmologists did not use advanced laser technology and that there were cost concerns with its use. The State Health Plan increased barriers to entry.
Mr. McNally stated that the ophthalmology exemption in the State Health Plan violated Kentucky’s Administrative Procedures Act because there was no requirement for need in accordance with KRS Chapter 216B and there was no requirement for economic feasibility. The exemption of one (1) specialty may constitute special legislation. Mr. McNally stated that he had cataract surgery with advanced laser technology, and he had experienced some benefits with that method. There was no input from many stakeholders. There were concerns that these specialty ASCs would drive down prices through competition to the point of cutting corners, which may result in poor care.
Mr. Klein stated that St. Elizabeth Healthcare, Baptist Health, supported the certificate of need modernization. There was a need for reform; however, three (3) amendments were requested. If access was an issue, radiation therapy provisions should not be limited to academic medical centers. Changes should be made to the megavoltage provisions. Mr. Klein also stated the need for an amendment such as the one made for the Kentucky Hospital Association.
Mr. Gold stated that Westlake Regional Hospital in Adair County was the number one hospital in a dire financial state in Kentucky. Ambulatory surgery was one of the few profitable programs at Westlake Regional Hospital, and the certificate of need process was crucial to the facility’s fiscal sustainability.
Ms. Darnell stated that Ephraim McDowell Health appreciated the Subcommittee’s finding of deficiency for this administrative regulation. Ephraim McDowell Health’s commitment was to providing patient access.
Co-Chair Marzian stated that the bottom line was providing access for Kentucky citizens.
A motion was made by Representative Butler, seconded by Representative Coursey, to find 900 KAR 5:020 deficient. A roll call vote was conducted, and with eight (8) votes to find the administrative regulation deficient, and zero votes not to find it deficient, the administrative regulation was found deficient.
Compiler's note: Pursuant to KRS 13A.335(4)(b), a new Section 3 was added to this administrative regulation to reflect the finding of deficiency.
Administrative Regulations Reviewed by the Subcommittee:
HIGHER EDUCATION ASSISTANCE AUTHORITY: Division of Student and Administrative Services: Kentucky Educational Excellence Scholarship Program
11 KAR 15:090. Kentucky Educational Excellence Scholarship (KEES) program. Becky Gilpatrick, director of student aid services, represented the authority.
In response to questions by Co-Chair Harris, Ms. Gilpatrick stated that the Cambridge Advanced International curriculum was a new program for Kentucky and the related examinations were similar to the advanced placement examinations. The addition of the Cambridge Advanced International curriculum courses was in response to a recent legislative update. Each school district determined the numerical range for each alphabetical grade, and the alphabetical grades were used in determining grade point averages (GPAs) for the KEES calculations. If a school district lowered the numerical ranges, that could result in elevated GPAs; however, based on a statistical study, the impact was not expected to seriously inflate GPAs for KEES award purposes.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add citations; and (2) to amend Sections 1 and 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.
11 KAR 15:100. Comprehensive transition and postsecondary programs.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 1 through 7 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Early Childhood Development Scholarship Program
11 KAR 16:060. Early Childhood Development Scholarship Program system of monetary incentives.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend 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.
SECRETARY OF STATE: Occupational License Fees
30 KAR 7:010. Standard form for occupational license fee return. Noel Caldwell, executive director, Kentucky Business One-Stop, represented the Secretary of State.
A motion was made and seconded to approve the following amendments: to amend the STATUTORY AUTHORITY and NECESSITY, FUNCTION, AND CONFORMITY paragraphs, as well as Section 2: (1) for clarity; and (2) to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
PERSONNEL CABINET: Personnel Cabinet, Classified
101 KAR 2:034. Classified compensation administrative regulations. Dinah Bevington, general counsel, represented the cabinet.
A motion was made and seconded to approve the following amendments: to amend Sections 2 through 5 and 10 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: Retirement Systems: General Rules
105 KAR 1:200. Retirement procedures and forms. Jennifer Jones, assistant general counsel, and Brian Thomas, general counsel, represented the systems.
Office of the Secretary: Purchasing
200 KAR 5:365 & E. Alternative project delivery methods for capital construction. Doug Hendrix, deputy general counsel, and Jennifer Linton, director, Contracting and Administration, represented the office.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 2, 7, 8, and 9 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
GENERAL GOVERNMENT CABINET: Board of Pharmacy: Board
201 KAR 2:370. Pharmacy services in long-term care facility (LTCF). Steve Hart, executive director, and Joel Thornbury, president, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add definitions for “immediate supervision,” “pharmacist-in-charge,” and “supervision;” and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 2 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
Board of Hairdressers and Cosmetologists: Board
201 KAR 12:110 & E. School license. Charles Lykins, executive director, represented the board.
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 4, 5, 7, 8, 9, 13, 14, and 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.
Board of Nursing: Board
201 KAR 20:056. Advanced practice registered nurse licensure and certification requirements. Nathan Goldman, general counsel, represented the board.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph to add a citation; and (2) to amend Sections 1, 2, 5, 6, and 12 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
201 KAR 20:062. Standards for advanced practice registered nurse (APRN) programs of nursing.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add a definition of “preceptor”; and (2) 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.
201 KAR 20:064. Repeal of 201 KAR 20:061.
201 KAR 20:070. Licensure by examination.
In response to a question by Co-Chair Harris, Mr. Goldman stated that recent legislation removed the requirement for HIV/AIDs education as part of the licensure and continuing competency processes established in this administrative regulation and in 201 KAR 20:110 and 20:215. HIV/AIDs education was still a component of the nursing school curriculum. The treatment for HIV/AIDs had remained static for many years; therefore, the need for treatment protocol updates was no longer necessary.
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; (3) to amend Section 1 to comply with the drafting and formatting requirements of KRS Chapter 13A; (4) to amend Section 4 to clarify that: (a) direct supervision shall be during work hours; and (b) privileged to practice shall be pursuant to KRS 314.470; and (5) to amend Section 5 to clarify that the provisions apply to an out-of-state applicant outside of the Nurse Licensure Compact.
201 KAR 20:110. Licensure by endorsement.
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; (3) to amend Section 1 to delete language relating to the HIV course required by KRS 214.615 because the statute was repealed in 2015 House Bill 248; (4) to amend Section 5 to clarify that the provisions apply to an out-of-state applicant outside of the Nurse Licensure Compact; and (5) to amend Sections 1, 2, 4, and 5 to comply with the drafting and formatting requirements of KRS Chapter 13A.
201 KAR 20:215. Continuing competency requirements.
A motion was made and seconded to approve the following amendments: (1) to amend Section 6 to clarify how the determination is made by the board as to if a continuing education offering shall be considered to be the same offering; and (2) to amend Sections 3, 5, and 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.
201 KAR 20:225. Reinstatement of license.
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 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 20:230. Renewal of licenses.
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; (3) to amend Section 1 to add a deadline for electronic applicants; and (4) 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.
201 KAR 20:370. Applications for licensure.
201 KAR 20:390. Nursing Incentive Scholarship Fund.
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 3 and 8 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: Department of Fish and Wildlife Resources: Fish
301 KAR 1:015. Boat and motor restrictions. Ron Brooks, fisheries director, and David Wicker, general counsel, represented the department.
In response to a question by Co-Chair Harris, Mr. Brooks stated that there was not a standard measurement for what constituted a small lake, but that a lake that was small for more than a trolling motor was determined on a case-by-case basis.
A motion was made and seconded to approve the following amendment: to amend Section 5(8) to make a technical correction. Without objection, and with agreement of the agency, the amendment was approved.
301 KAR 1:201. Taking of fish by traditional fishing methods.
In response to questions by Representative Turner, Mr. Brooks stated that size limits for walleye were different based on which body of water was fished. The department was trying to reestablish the Rockcastle strain of walleye, which had been overharvested. The requirements were less stringent for water bodies that contained only the Erie strain of walleye, since that strain was difficult to distinguish from the Rockcastle strain.
A motion was made and seconded to approve the following amendments: to amend Sections 2 and 3 to comply with the drafting and formatting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, the amendments were approved.
JUSTICE AND PUBLIC SAFETY CABINET: Department of Corrections: Office of the Secretary
501 KAR 6:241. Repeal of 501 KAR 6:240. Amy Barker, assistant general counsel, represented the department.
TRANSPORTATION CABINET: Department of Highways: Division of Maintenance: Traffic
603 KAR 5:155. Removal and pruning of vegetation. Nancy Albright, director of maintenance; Rebecca Goodman, executive director, Office of Legal Services; and Mike Hancock, secretary, represented the cabinet. Paul Bergmann, executive director, and Marlene Grissom, president, represented Scenic Kentucky and appeared in opposition to these administrative regulations. Leigh Ann Thacker appeared on behalf of Kentucky Outdoor Advertising Association.
Mr. Hancock stated that the Transportation Cabinet had been unable to regulate roadway billboards without these administrative regulations.
Ms. Goodman stated that the cabinet was mandated to enforce the Highway Beautification Act, which required control of highway signs. Kentucky had been found deficient in providing effective control related to the Highway Beautification Act. These administrative regulations established more effective enforcement capability and reduced the number of certain billboards by establishing a billboard exchange, which required that existing billboards be removed in exchange for an electronic billboard, new or converted from a traditional billboard. These administrative regulations addressed spacing and location requirements, so that local communities may determine whether to allow electronic billboards or not. The topic of vegetation removal established in 603 KAR 5:155 had been the subject of numerous failed bills in the legislature over the last fifteen (15) years. Vegetation removal was already taking place, and 603 KAR 5:155 established standards for removal, including guidance from a certified arborist to determine what types of vegetation were subject to removal.
In response to a question by Co-Chair Marzian, Ms. Goodman stated that these administrative regulations could not stop someone intent on breaking the law from doing so; however, these administrative regulations did provide specific criteria that could be used to support action against a violator. 603 KAR 5:155 supported replanting after vegetation removal in some areas.
Co-Chair Harris stated that these administrative regulations were similar to bills he sponsored in previous legislative sessions. In response to questions by Co-Chair Harris, Ms. Goodman stated that the Highway Beautification Act defined “protected area” as interstates, parkways, scenic highways, and similar areas. There were legal, nonconforming billboards still located in some protected areas.
In response to a request by Co-Chair Marzian, Subcommittee staff stated that the proposed amendment to 603 KAR 5:155 inserted a nonseverability clause, so that if a court found any portion of 603 KAR 5:155 invalid, the entire administrative regulation would be deemed invalid. The proposed subcommittee amendment to 603 KAR 10:021 raised from four (4) to six (6), the number of traditional billboards required in exchange for one (1) electronic billboard, and raised from three (3) to five (5), the number of traditional billboards required in exchange for one (1) conversion of a traditional billboard into an electronic billboard.
In response to questions by Senator Raque Adams, Ms. Goodman stated that the principal reason it was difficult without these administrative regulations to enforce billboard standards was that courts had rejected enforcement attempts based solely on statutory requirements. These administrative regulations clarified the intent of those authorizing statutes. For example, an electronic billboard that was erected without a permit would be subject to a penalty, and the penalty would be easier to defend based on the clarifications established in 603 KAR 10:021.
Senator Raque Adams stated that the corridor of Shelbyville Road and Hurstbourne Parkway was an extremely commercial area, and electronic billboards in this corridor would be distracting to drivers and unsightly. The proposed subcommittee amendments were an improvement to these administrative regulations, but still did not go far enough. Mr. Hancock stated that the cabinet had some of those same concerns, but that these administrative regulations provided enforcement capabilities that were currently lacking. These administrative regulations were an effort to improve concerns, such as those regarding distractions to drivers and unsightly roadway corridors.
In response to a question by Co-Chair Harris, Ms. Goodman stated the proposed nonseverability clause to 603 KAR 5:155 stated that if a court found any part of this administrative regulation invalid, the administrative regulation would be deemed invalid in its entirety. The cabinet was confident in the statutory authority of 603 KAR 5:155 and did not believe that this administrative regulation was vulnerable; therefore, the proposed subcommittee amendment was not seen as harmful by the cabinet.
Ms. Grissom stated that these administrative regulations would allow many more Kentucky billboards in more permitted locations and with closer proposed setbacks, all of which would be distracting to drivers, unsightly, and costly to enforce. Other states that provided an exchange of traditional billboards for an electronic billboard had higher ratios, such as eight (8), seven (7), or six (6) to one (1). Logo boards were sufficient for tourist needs. The cabinet would have to hire new employees to ensure compliance. The bright lights and changing messages of electronic billboards were designed to distract drivers into reading the advertising messages and were a nuisance to nearby homeowners. Billboards decreased property values and adversely affected tourism. Only the billboard industry benefited from these administrative regulations, including removal of vegetation for private gain. Electronic billboards were just as distracting and dangerous to drivers as texting while driving. These administrative regulations largely left the public out of the process compared with the representation afforded the billboard industry. The current proposal bypassed the legislative process after similar proposals failed in the legislature for at least fourteen (14) years. A pending national lawsuit would determine billboard regulations and would affect Kentucky. Scenic Kentucky requested that these administrative regulations not go forward until the release of the national lawsuit outcome, which was expected within a couple of weeks of this Subcommittee meeting.
Mr. Bergmann stated that Kentucky was a participant in the 1958 Bonus Act, which limited billboards. These administrative regulations dropped the Bonus Act. The closer setback requirements opened many new sites bypassed previously because of terrain impediments to viewing. 603 KAR 10:021, by allowing electronic billboards, conflicted with the Highway Beautification Act, which prohibited electronic billboards. That conflict was a subject of the current national lawsuit that was pending. The exchange rate for traditional billboards exchanged for an electronic billboard should be higher, should only include legal billboards, and should not include legal nonconforming or illegal billboards. Nonconforming billboards should ultimately be eliminated and should not be expanded, extended, or improved upon. The electronic lighting that is allowed may be three (3) times the brightness recommended by the Dark Sky Association. Billboards on ramps was a bad idea because those were already problem areas from a traffic safety perspective, and billboards would add another distraction. The purpose of the cabinet was to improve safety, but it was unclear how unsightly billboards improved safety. Billboards sometimes added to construction costs in cases of road improvements. For example, St. Paul, Minnesota, in the process of replacing the Lafayette Bridge, spent $7.3 million related to one (1) electronic billboard and four (4) traditional billboards. Those taxpayer funds could have been spent for other road construction projects. Some countries prohibited electronic billboards.
Ms. Thacker stated that Kentucky Outdoor Advertising Association represented many billboard owners, some of whom were very small businesses and did not have even four (4) existing traditional billboards to exchange for one (1) electronic billboard, much less six (6). The Kentucky Outdoor Advertising Association had worked very hard for years with the cabinet to help develop these administrative regulations.
Senator Raque Adams made a motion to find these administrative regulations deficient. Ms. Goodman stated that the cabinet would rather defer consideration of these administrative regulations to the October Subcommittee meeting before a vote was taken regarding the motion to find these administrative regulations deficient. Senator Raque Adams withdrew the motion to find these administrative regulations deficient.
Co-Chair Marzian stated that she did not agree with these administrative regulations and that her district was ninety-five (95) percent opposed to the proliferation of billboards.
A motion was made and seconded to approve the following amendments: (1) to amend Section 1 to add a definition for "specimen tree"; (2) to amend Sections 2, 3, 5, 7, and 8 to comply with the drafting requirements of KRS Chapter 13A; (3) to amend Section 7 to clarify that damage to vegetation included damage related to execution of the vegetation plan; and (4) to add a new section to insert a nonseverability clause so that if a court found any portion of this administrative regulation invalid, the entire administrative regulation would be deemed invalid. Without objection, and with agreement of the agency, the amendments were approved.
Compiler's Note: KRS 13A.300(1)(b) and (2) requires agreement by the administrative body and the subcommittee for a deferral to be made at the meeting. There were not any statements made by Subcommittee members indicating agreement to defer consideration of these administrative regulations. Therefore, they were not deferred.
Billboards
603 KAR 10:002. Definitions for 603 KAR Chapter 10.
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.
603 KAR 10:010. Static advertising devices.
A motion was made and seconded to approve the following amendments: to amend Sections 1 through 5 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.
603 KAR 10:021. Electronic advertising devices.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1, 2, 5, 6, and 7 to comply with the drafting and formatting requirements of KRS Chapter 13A; and (2) to amend Section 2 to: (a) raise from four (4) to six (6), the number of traditional billboards required in exchange for one (1) electronic billboard; and (b) raise from three (3) to five (5), the number of traditional billboards required in exchange for one (1) conversion of a traditional billboard into an electronic billboard.
EDUCATION AND WORKFORCE DEVELOPMENT CABINET: Department of Workforce Investment: Office of Employment and Training: Employment Services
787 KAR 2:040 & E. Local workforce development area governance. Beth Brinly, deputy secretary; Beth Kuhn, commissioner; and Clay Lamb, staff attorney, represented the department. David Adkisson, president, Kentucky Chamber of Commerce, appeared in support of this administrative regulation.
PUBLIC PROTECTION CABINET: Department of Alcoholic Beverage Control: Licensing
804 KAR 4:390. License renewals. Frederick Higdon, commissioner; Steve Humphress, general counsel; and Melissa McQueen, staff attorney, represented the department. Gene Harmon, city attorney; David Lyne, occupational license manager; and Bruce Wilkerson, mayor, represented the City of Bowling Green and appeared in support of these administrative regulations.
Representative Turner requested to be recorded as voting in opposition to these administrative regulations.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 10 and 14 to comply with the drafting requirements of KRS Chapter 13A; and (2) to amend Section 12 to include citations for the referenced forms. With agreement of the agency, the amendments were approved, with Representative Turner voting not to approve.
804 KAR 4:400 & E. ABC basic application and renewal form incorporated by reference.
804 KAR 4:410 & E. Special applications and registration forms incorporated by reference.
A motion was made and seconded to approve the following amendments: to amend Section 3 and the material incorporated by reference to: (1) clarify when the listed forms are to be used; and (2) correct a form title and form edition dates. With agreement of the agency, the amendments were approved, with Representative Turner voting not to approve.
Quotas
804 KAR 9:040. Quota retail package licenses.
In response to a question by Co-Chair Harris, Mayor Wilkerson stated that 804 KAR 9:040 and 9:050 restored some of the licenses, but not the full amount. Originally, Bowling Green had fifty-six (56) quota retail package licenses and forty-nine (49) quota retail drink licenses. After the amendments to 804 KAR 9:040 and 9:050, Bowling Green had forty-one (41) quota retail packages licenses and forty-one (41) quota retail drink licenses.
A motion was made and seconded to approve the following amendments: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Section 5 to comply with the drafting requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved, with Representative Turner voting not to approve.
804 KAR 9:050. Quota retail drink licenses.
A motion was made and seconded to approve the following amendments: (1) to amend Sections 1 and 2 to update references to city classifications; and (2) to amend Section 5 to comply with the drafting requirements of KRS Chapter 13A. With agreement of the agency, the amendments were approved, with Representative Turner voting not to approve.
Department of Financial Institutions: Division of Securities: Securities
808 KAR 10:500. Required forms, fees, filing procedures, and recordkeeping requirements for persons operating pursuant to KRS 292.411 and KRS 292.412, the Kentucky Intrastate Crowdfunding Exemption. Shonita Bossier, director; Jessica Sharpe, general counsel; and Charles Vice, commissioner, represented the division.
In response to a question by Co-Chair Harris, Mr. Vice stated that the Kentucky Intrastate Crowdfunding Exemption allowed companies located in Kentucky to offer small securities to residents who live in Kentucky. A company outside of Kentucky could not offer securities to a resident of Kentucky, nor could residents outside of Kentucky invest in those companies. This was a method for Kentucky companies to raise a small amount of capital from Kentucky residents.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to make a technical correction; and (2) to amend Section 5 to add a citation. Without objection, and with agreement of the agency, the amendments were approved.
Horse Racing Commission: Thoroughbred Racing
810 KAR 1:070. Kentucky thoroughbred breeders’ incentive fund. Jamie Eads, director; 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 there was an appeal process for a person who was detained from participating in an event due to a charge that had not yet resulted in a conviction. After that appeal process, there was also the process established in KRS Chapter 13B. The commission was confident that appropriate due process was provided. The reason for these provisions pertained to animal cruelty situations in which animal cruelty was not an expressed component of a charge, such as an amended charge, but did occur.
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 clarify what types of public auction may be approved by the department; (3) to amend Section 5 to clarify the criteria used to grant a residency exception; and (4) to amend Section 9 to comply with the drafting requirements of KRS Chapter 13A. Without objection, and with agreement of the agency, these amendments were approved.
Department of Housing, Buildings and Construction: Division of Plumbing: Plumbing
815 KAR 20:060. Quality and weight of materials. Michael Davis, general counsel; Gary Feck, commissioner; and David Moore, director, represented the division. Justin Brown, Marian Development Group, appeared in support of 815 KAR 20:060 and 20:130. Matt Hammond, executive director, Mechanical Contractors Association of Kentucky; Steven Milby, Shelby County master plumber; and Ricky Russ, business agent for Union Plumbers of Kentucky (Local 502) and representative for Kentucky Pipe Trades, appeared in opposition to 815 KAR 20:060 and 20:130.
In response to a question by Co-Chair Marzian, Mr. Feck stated that 815 KAR 20:060 and 20:130 were the result of a working group that studied PVC and ABS construction code issues. The working group met to develop these provisions over the last eight (8) to ten (10) years. The working group brought to the Plumbing Code Committee four (4) proposals to consider that would expand Kentucky’s limitations on the use of PVC and ABS. The Plumbing Code Committee considered the proposals and voted to approve the code change established in 815 KAR 20:060 and 20:130. Currently, PVC and ABS were restricted to use in approximately forty-five (45) percent of the buildings constructed in Kentucky. The code change allowed up to eighty-five (85) percent of buildings constructed to use PVC and ABS. After the Plumbing Code Committee approved the code change, the matter was brought to the Board of Housing for consideration. The Board of Housing also approved the code change.
Mr. Brown stated that Marian Development Group and some other development groups were in favor of this code change. This was an economic development issue because lower construction costs would allow for more development, which would lower housing costs such as rents. This code change would especially benefit cities like Pikeville, Bowling Green, Paducah, Owensboro, Hopkinsville, Covington, and Louisville.
In response to a question by Co-Chair Harris, Mr. Brown stated that being required to use cast iron, rather than PVC or ABS, may increase some construction costs as much as 100 to 120 percent.
Mr. Russ stated that, as a thirty (30) year licensed journeyman plumber and a former member of the Plumbing Code Committee, he was opposed to PVC and ABS being allowed in buildings over forty-five (45) feet tall. The code change proposal was based on anticipated economic savings to support affordable housing; however, while PVS and ABS were initially less expensive compared with cast iron, once fire stopping construction measures were used the cost savings was insignificant. Cast iron afforded occupants more time to vacate a burning structure because burning PVC and ABS produced incapacitating and deadly fumes. Some fire departments, such as Somerset, Benton, and Oldham County, may not have ladders tall enough for these taller structures. Charlotte Pipe and Foundry Company, which was one of the largest manufacturers of PVC, ABS, and cast iron pipes, published recommendations for value engineering considerations that did not support this code change. An additional concern with PVC and ABS piping was noise. This code change would allow PVC and ABS to be used in buildings with vulnerable populations, such as hospitals, nursing homes, and schools.
Mr. Hammond stated that the Mechanical Contractors Association of Kentucky agreed with the comments made by Mr. Russ. Introducing PVC and ABS to the elevations established in the code change was unsafe for occupants. Economic development claims were unsubstantiated.
Mr. Milby, who was a Shelby County master plumber and a former member of the Plumbing Code Committee, stated that the Plumbing Code Committee vote was very close on this issue. Thermal expansion of PVC and ABS during a fire event was a major concern that was not addressed in 815 KAR 20:060 and 20:130. PVC and ABS expanded at a greater rate than cast iron, and toxic fumes were a greater safety risk than fire itself. The plumbing code did not offer enough guidance regarding the safest installation practices for PVC and ABS. With public safety in mind, Mr. Milby requested that 815 KAR 20:060 and 20:130 be sent back to the Plumbing Code Committee for further consideration.
In response to a question by Representative Coursey, Mr. Hammond stated that there had not been input from the Kentucky Firefighters Association regarding the safety of the plumbing code change. The ground floors of buildings were to have the most minimal amounts of PVC and ABS because the fumes moved upward. The PVC and ABS was required to be installed in enclosures for safety. Mr. Davis stated that 815 KAR 20:060 and 20:130 did not mandate, but allowed, the use of PVC and ABS. Cast iron was still an option.
In response to a question by Representative Turner, Mr. Moore stated that the State Fire Marshal had been contacted and provided input in the development of the code change.
In response to questions by Representative Butler, Mr. Moore stated safety concerns were part of the discussions in the development of this code change and the requirements established in 815 KAR 20:060 and 20:130 were the best compromise possible under the circumstances. Many other states had similar plumbing codes pertaining to PVC and ABS. Co-Chair Marzian stated that approximately thirty-five (35) percent of states had similar plumbing codes pertaining to PVC and ABS.
In response to a question by Representative Butler, Mr. Feck stated that the division would agree to deferral of 815 KAR 20:060 and 20:130 until the State Fire Marshal could come testify before the Subcommittee; however, deferral was not necessary because the division had received sufficient input and met with the State Fire Marshal, the working group, the Plumbing Code Committee, and the Board of Housing. The matter had been fully considered.
A motion was made and seconded to approve the following amendment: to amend Section 9(6)(a) to make a technical correction for language consistency within this regulatory package. Without objection, and with agreement of the agency, the amendment was approved.
Representative Coursey stated that public safety was paramount and made a motion, seconded by Representative Turner, to find 815 KAR 20:060, as amended, and 20:130 deficient. A roll call vote was conducted, and with three (3) votes to find the administrative regulations deficient, and five (5) votes not to find them deficient, the administrative regulations were not found deficient. The motion to find 815 KAR 20:060 and 20:130 deficient failed. Co-Chair Marzian explained her vote. She stated that this issue was considered over a long period of time and the plumbing code change was a benefit to economic development, in that the change made housing more affordable and created jobs for plumbers. Senator Raque Adams also explained her vote. She stated that if firefighters were concerned with public safety pertaining to the plumbing code change, they would have appeared at the Subcommittee meeting in opposition.
815 KAR 20:100. Joints and connections.
815 KAR 20:130. House sewers and storm water piping; methods of installation.
Electrical Division: Electrical
815 KAR 35:020. Electrical inspections. Michael Davis, general counsel; Gary Feck, Commissioner; and Tina Quire, assistant director, represented the division.
A motion was made and seconded to approve the following amendment: to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph to clarify a cross-reference citation. Without objection, and with agreement of the agency, the amendment was approved.
CABINET FOR HEALTH AND FAMILY SERVICES: Office of the Health Benefit and Health Information Exchange: Health Benefit Exchange
900 KAR 10:010. Exchange participation requirements and certification of qualified health plans and qualified stand-alone dental plans. William Nold, policy advisor and former deputy executive director, and Chandra Venettozi, health data administrator, represented the office.
A motion was made and seconded to approve the following amendments: (1) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1 and 22 to reflect the agency’s recent name change; and (2) to amend Sections 1, 2, 5, 13, 14, 15, 16, and 19 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 Inspector General: Division of Health Care: Health Services and Facilities
902 KAR 20:420 & E. Pain management facilities. Stephanie Brammer-Barnes, regulation coordinator, and Maryellen Mynear, inspector general, represented the department.
In response to questions by Co-Chair Harris, Ms. Mynear stated that this administrative regulation was being amended in response to recent legislative changes, which allowed currently licensed pain management clinics to operate up to two (2) satellite facilities. Enforcement of these clinics was not otherwise changing.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO paragraph and Section 7 to add citations; and (2) to amend the NECESSITY, FUNCTION, AND CONFORMITY paragraph and Sections 1, 3, 7, 9, 11, 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.
Division of Public Health Protection and Safety: Food and Cosmetics
902 KAR 45:120. Inspection and permit fees: hotels, manufactured or mobile home communities, recreational vehicle communities, youth camps, and private water supplies. Laura Begin, regulation coordinator, and Justin Carrey, assistant director, represented the division.
In response to questions by Co-Chair Harris, Mr. Carrey stated that the agency proposed to increase fees and then lowered the proposed increase after public comments. This administrative regulation helped local health departments that provided funds to supplement what the fees did not cover.
A motion was made and seconded to approve the following amendment: to amend Section 2 to reduce the annual permit fee for hotels from sixty (60) to twenty-five (25) dollars to comply with KRS 219.021(2), which establishes the fee at that amount. Without objection, and with agreement of the agency, the amendment was approved.
Department for Medicaid Services: Division of Policy and Operations: Medicaid Services
907 KAR 1:055. Payments for primary care center, federally-qualified health center, federally-qualified health center look-alike, and rural health clinic services. Stuart Owen, regulation coordinator, represented the division.
In response to a question by Co-Chair Harris, Mr. Owen stated that rates were federally mandated to reflect first-year rates. Some facilities had very low initial rates. The federal program provided an alternative rate calculation, and this administrative regulation reflected that to give facilities a more accurate rate. The recalculation was optional.
A motion was made and seconded to approve the following amendments: to amend Sections 1, 7, 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 Behavioral Health, Developmental and Intellectual Disabilities: Division of Administration and Financial Management: Institutional Care
908 KAR 3:050. Per diem rates. Tonya Dickenson, regulation coordinator, and Stephanie Craycraft, director of administration and financial management, represented the division.
908 KAR 3:060. “Means test” for determining patient liability.
Department for Income Support: Child Support Enforcement: Family Support
921 KAR 1:400. Establishment, review, and modification of child support and medical support orders. Mary Sparrow, policy analyst, represented the department.
Department for Community Based Services: Division of Family Support: Supplemental Nutrition Assistance Program
921 KAR 3:060 & E. Administrative disqualification hearings and penalties. Virginia Carrington, director, and Elizabeth Caywood, internal policy analyst, represented the division.
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 and STATUTORY AUTHORITY paragraphs to correct citations; and (3) to amend Section 8 to make a technical correction. Without objection, and with agreement of the agency, the amendments were approved.
921 KAR 3:070 & E. Fair Hearings.
A motion was made and seconded to approve the following amendments: (1) to amend the RELATES TO 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 2 and 10 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 October 13, 2015, meeting of the Subcommittee:
GENERAL GOVERNMENT CABINET: Board of Medical Licensure: Board
201 KAR 9:305. Continued licensure of athletic trainers.
201 KAR 9:310. Continuing medical education.
Real Estate Commission: Commission
201 KAR 11:175 & E. Instructor approval procedures and guidelines.
201 KAR 11:195. Informal settlement procedures.
201 KAR 11:210. Licensing, education, and testing requirements.
201 KAR 11:460. Minimum rating requirements for instructors.
Board of Medical Imaging and Radiation Therapy: Board
201 KAR 46:010. Definitions for 201 KAR Chapter 46.
201 KAR 46:020. Fees.
201 KAR 46:030. Education for medical imaging technologists, advanced imaging professionals and radiation therapists.
201 KAR 46:040. Medical imaging technologist, advanced imaging processional and radiation therapist licenses.
201 KAR 46:045. Temporary license application for medical imaging technologists, advanced imaging professionals, and radiation therapists.
201 KAR 46:050. Provisional training license for medical imaging technologists and radiation therapists.
201 KAR 46:060. Continuing education requirements.
201 KAR 46:070. Violations and enforcement.
201 KAR 46:081. Limited x-ray machine operator.
JUSTICE AND PUBLIC SAFETY CABINET: Parole Board: Board
501 KAR 1:080. Parole Board policies and procedures. John Cummings, counsel, represented the board.
Mr. Cummings requested deferral of this administrative regulation to the October 13 meeting of the Subcommittee. Without objection, and with agreement of the agency, this administrative regulation was deferred to the October 13 meeting of the Subcommittee.
PUBLIC PROTECTION CABINET: Department of Charitable Gaming: Charitable Gaming
820 KAR 1:001. Definitions for 820 KAR Chapter 1.
820 KAR 1:032. Pulltab construction.
820 KAR 1:033. Electronic pulltab system, electronic pulltab device, and electronic pulltab construction.
CABINET FOR HEALTH AND FAMILY SERVICES: Department for Public Health: 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.
902 KAR 20:180. Psychiatric hospitals; operation and services.
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.
Division of Community Alternatives: Hospital Service Coverage and Reimbursement
907 KAR 10:020. Coverage provisions and requirement regarding outpatient psychiatric hospital services.
907 KAR 10:025. Reimbursement provisions and requirements regarding outpatient psychiatric hospital services.
Department for Community Based Services: Division of Family Support: K-TAP, Kentucky Works, Welfare to Work, State Supplementation
921 KAR 2:006. Technical requirements for the Kentucky Transitional Assistance Program (K-TAP).
921 KAR 2:016. Standards for need and amount for the Kentucky Transitional Assistance Program (K-TAP).
921 KAR 2:017. Kentucky Works Program (KWP) supportive services.
921 KAR 2:046. Adverse action; conditions.
921 KAR 2:050. Time and manner of payments.
921 KAR 2:370. Technical requirements for Kentucky Works Program (KWP).
921 KAR 2:500. Family Alternatives Diversion (FAD).
921 KAR 2:510. Relocation Assistance Program.
921 KAR 2:520. Work Incentive or “WIN”.
Supplemental Nutrition Assistance Program
921 KAR 3:035. Certification process.
921 KAR 3:042. Supplemental Nutrition Assistance Program Employment and Training Program.
921 KAR 3:050. Claims and additional administrative provisions.
921 KAR 3:090 & E. Simplified assistance for the elderly program or “SAFE”.
The Subcommittee adjourned at 3:30 p.m. until October 13, 2015.
Compiler's Note: In setting the date for the October members, the subcommittee stated that the meeting would be scheduled to begin at 1:00 p.m.; however, the start time might be moved to 10:00 a.m. depending on the size of the agenda.