Title XVII, Economic Security and Public Welfare

(1) Public health stakeholders can be expected to use the Kentucky Public Health Improvement Plan in the following ways: (a) As a guide for public health and local public health departments to plan their activities and budget their resources. (b) As a guide for public health to e…

As used in this chapter, unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; and (2) "Secretary" means the secretary for health and family services.

(1) The cabinet is the primary state agency for operating the public health, Medicaid, certificate of need and licensure, and mental health and intellectual disability programs in the Commonwealth. The function of the cabinet is to improve the health of all Kentuckians, including…

(1) The secretary for health and family services and the secretary's designated representatives in the discharge of the duties of the secretary may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesse…

The cabinet consists of the following major organizational units, which are hereby created: (1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office of Legal Services, an Office of Inspector General, an Office of Public Affairs, an Office of Human…

create positions -- Election of coverage under unemployment insurance. (1) The secretary shall, subject to the provisions of KRS Chapter 12, establish the internal organization of the offices and departments not established in 1974 Ky. Acts ch. 74, Art. VI, or 1998 Ky. Acts ch. 4…

-- Fees. (1) The secretary shall formulate, promote, establish, and execute policies, plans, and comprehensive programs and shall adopt, administer, and enforce throughout the Commonwealth all applicable state laws and all administrative regulations necessary under applicable sta…

on cabinet website -- Access to group email. (1) The cabinet and any of its departments, divisions, offices, boards, commissions, and any other organizational unit whether incorporated or attached that maintains a generally accessible website or for which a generally accessible w…

moneys -- Strategic plan for fund distribution -- Annual report and audit. There is established in the State Treasury a fund to be known as the "Kentucky Health Care Improvement Fund." This fund shall exist for the purpose of receipt and expenditure of moneys to improve health ca…

(1) There is hereby established in the State Treasury a restricted fund to be known as the out-of-home care program fund. (2) The fund shall consist of moneys received from donations, grants, gifts, state appropriations, and federal funds. (3) The fund shall be administered by th…

(1) The secretary shall develop and promulgate administrative regulations that protect the confidential nature of all records and reports of the cabinet that directly or indirectly identify a client or patient or former client or patient of the cabinet and that insure that these …

with access to or use of federal tax information and front-line staff. (1) Each employee of the cabinet, including contract staff, with access to or use of federal tax information shall submit to a criminal background investigation by means of a fingerprint check by the Departmen…

information system -- Definition of front-line staff. (1) For the purposes of this section, "front-line staff" means an employee of the Division of Service Regions of the Department for Community Based Services or the immediate supervisor of an employee whose professional duties …

The cabinet is authorized to utilize and promote available or potential community resources for the delivery of services and shall, when it deems appropriate, contract for services with local, community, and private agencies when services would not otherwise be available without …

The secretary shall arrange for the development of a cost allocation plan by the cabinet. The cost allocation shall be developed in accordance with generally recognized accounting practices and shall make provisions for the distribution of operational and administrative costs of …

Physical Activity -- Duties, rights, and responsibilities.

bequests. (1) There is created in the Cabinet for Health and Family Services a Division of Women's Health for the purpose of: (a) Serving as a repository for data and information affecting women's physical and mental health issues; (b) Analyzing and communicating trends in women'…

Administrative regulations. The Division of Family Resource and Youth Services Centers shall promulgate administrative regulations to: (1) Implement requirements for applications for continuation funding of a family resource or youth services center; and (2) Establish a continuin…

administer the Patient Protection and Affordable Care Act of 2010 -- Powers and duties -- Administrative regulations -- Office of Data Analytics not to establish procedures and rules that conflict with the Patient Protection and Affordable Care Act. Except as provided in KRS 304.…

and responsibilities -- Review of data requests -- Administrative regulations. (1) The Office of Data Analytics is hereby created in the Office of the Secretary. The office shall provide oversight and strategic direction and be responsible for coordinating the data analysis initi…

of Inspector General -- Division to provide leadership in the redesign of the health care delivery system -- Administrative regulations. (1) The Division of Kentucky Health Information Exchange is hereby created in the Office of Inspector General. The division shall provide leade…

-- Duties and responsibilities concerning delivery of care using telehealth. There is hereby created a Division of Telehealth Services within the Office of Inspector General to be headed by a director appointed by the secretary pursuant to KRS 12.050. The division shall: (1) Prov…

support purposes. The Advisory Council for Medical Assistance, established by KRS 205.540, and its associated bodies are attached to the Department for Medicaid Services for administrative and support purposes. The Advisory Council for Medical Assistance shall advise the secretar…

Research Commission. (1) If the Cabinet for Health and Family Services believes there to be any barrier to implementing a Medicaid-related bill or resolution under consideration by the General Assembly, the cabinet shall notify the Legislative Research Commission in writing of an…

(1) The Statewide Independent Living Council is hereby created and attached to the Cabinet for Health and Family Services in accordance with 42 U.S.C. sec. 3515e for administrative purposes to accomplish the purposes enumerated in 29 U.S.C. sec. 796d (Title VII, Part A, Section 7…

Transition-Age Youth attached to cabinet with authority to issue administrative regulations. The State Interagency Council for Services and Support to Children and Transition-Age Youth shall be the only statutory body attached to the cabinet that shall have the authority to issue…

No corporate body or instrumentality of the Commonwealth, advisory committee, interstate compact, or other statutory body, attached to or within the cabinet, shall expend funds, hire employees, issue grants, or otherwise engage in the normal administrative process of the cabinet.…

When federal programs require a particular citizens' council within or attached to the cabinet to include state officials as voting members, the secretary shall, for the specific purposes of those federal programs, be authorized to vote in those council meetings and shall further…

bodies. The secretary and other state officials with the approval of the secretary may designate alternatives or representatives to serve in their capacity as members of all boards, commissions, councils, institutes, and other similar bodies within or attached to the cabinet. The…

and other citizens' panels. The secretary is authorized to create special task forces, technical advisory committees, and other citizens' panels as may be necessary to support the operations of the cabinet. No other officials of the cabinet shall be authorized to create citizens'…

Advisory Council for Medical Assistance. All administrative regulations, acts, determinations, and decisions of and by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies, transferred in whole or in pa…

predecessor bodies of the Institute for Aging. All administrative regulations, acts, determinations, and decisions of or by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies transferred in whole or i…

The Advisory Council for Medical Assistance shall be empowered to accept gifts and grants, but all of these moneys shall be administered by the cabinet, which shall administer these funds through appropriate trust and agency accounts.

employed by cabinet. (1) The secretary of the cabinet is authorized to purchase liability insurance for the protection of physicians, hospital administrators, and directors employed by the cabinet to protect them from liability for acts, omissions, and claims of medical malpracti…

The Cabinet for Health and Family Services shall update its database within thirty (30) days of receipt of information. The update shall include information from the: (1) Offender records; (2) Institutional records; and (3) Administrative records.

The cabinet shall make an annual report to the Governor, the Legislative Research Commission, and the Chief Justice. The report shall be tendered not later than December 1 of each year and shall include information for the previous fiscal year. The report shall include, but not b…

The Cabinet for Health and Family Services shall provide professional development for staff employed by the cabinet or by local public agencies in child development, the dynamics of physical and sexual abuse, the impact of violence on child development, the treatment of offenders…

As used in KRS 194A.380 to 194A.383: (1) "Criminal offense against a minor" means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense: (a) Kidnapping, as in KRS 509.040, exc…

circumstances. KRS 194A.380 to 194A.383 shall not apply to: (1) Public school districts or programs sponsored by the school district; (2) Private schools; (3) Child-care centers, child-caring and child-placing agencies; family child-care homes; and foster care, relative caregiver…

day camp receiving public funds of a staff member who has been convicted of criminal offense against a minor or a sex crime, is a violent offender, or has been found to have abused or neglected a child. (1) A youth camp or camp or a local government youth day camp that receives p…

checks. (1) A local government youth day camp shall not be required: (a) To be licensed as a child care center as defined in KRS 199.894; or (b) To obtain a permit under KRS 211.180. (2) A local government youth day camp shall comply with background checks required under KRS 194A…

(1) Failure to comply with KRS 194A.382 will result in immediate suspension of the entity's permit until compliance is obtained. (2) If any employee, contractor, or volunteer who is a staff member is discovered to be a violent offender or has been convicted of a sex crime or a cr…

As used in this section and KRS 194A.387: (1) "Community crisis response team" means the statewide team of trained volunteers who provide behavioral health-related crisis response services in accordance with protocols and procedures established by the department; (2) "Crisis resp…

Responsibilities of Department for Behavioral Health, Developmental and Intellectual Disabilities. (1) The department shall coordinate behavioral health-related community crisis and disaster response. The department shall have primary responsibility and authority for planning and…

As used in this section and KRS 194A.410: (1) "Bioterrorism" means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following: (a) Microorganism; (b) Virus; (c) Infectious substance; or (d) Bio…

(1) The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza…

As used in KRS 194A.505: (1) "Assistance program" means any program administered by the cabinet; (2) "Benefit" means receipt of money, goods, or anything of pecuniary value from an assistance program; (3) "False statement or misrepresentation" means a statement or representation …

(1) No person shall, with intent to defraud, knowingly make a false statement or misrepresentation or by other means fail to disclose a material fact used in determining the person's qualification to receive benefits under any assistance program. (2) No person shall, with intent …

In any prosecution for the violation of KRS 194A.505, it shall be a defense if the person relied on the advice of an employee or agent of the cabinet.

For the purpose of enforcing the provisions of KRS 194A.505 and KRS 205.8451 to 205.8483 and of investigating any assistance program administered by the cabinet, the designated agents of the cabinet shall have the same access as peace officers to records maintained under KRS 17.1…