Kentucky Revised Statutes

Kentucky Revised Statutes

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Statutes Last Updated July 18, 2008

Includes Enactments through the 2008 Extraordinary Session
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KRS Chapter 205.00

Public Assistance Program

.010 Definitions for chapter.

.020 Repealed, 1950.

.030 Repealed, 1950.

.040 Repealed, 1950.

.045 Renumbered as 45.235, effective 1948.

.050 Repealed, 1950.

.060 Repealed, 1942.

.065 Repealed, 1950.

.070 Repealed, 1950.

.080 Repealed, 1950.

.090 Repealed, 1966.

.100 Repealed, 1966.

.110 Repealed, 1966.

.120 Repealed, 1966.

.130 Repealed, 1966.

.140 Repealed, 1966.

.150 Repealed, 1966.

.160 Repealed,1974.

.170 Powers of secretary.

.175 Confidential treatment of information and records -- Persons to whom furnished.

.177 Information may be shared by state and local governmental agencies -- Conditions.

.179 Annual review of sites where residents receive state supplemental benefits to determine registration status of boarding home.

.180 Destruction of records.

.190 Repealed, 1974.

.200 Eligibility for public assistance.

.2001 "Public assistance under Title IV-A of the Federal Social Security Act standard of need" defined.

.2002 Repealed, 1998.

.2003 Administrative regulations for work program for public assistance recipients.

.2005 Food stamp eligibility for certain public assistance recipients convicted of drug offenses.

.201 Duties of cabinet as to the aging and the minority elderly.

.202 Acceptance and disposition of gifts and grants.

.203 Authorization to provide in-home services to the aging -- Collection of fees.

.204 Cabinet to administer Older Americans Act -- Regulatory authority.

.210 Amount of assistance -- Proration in case of deficiency -- Resources defined.

.211 Secretary to correct any underpayment or overpayment of public assistance benefits.

.215 Repealed, 1998.

.217 Long-term care case management demonstration.

.220 Payments, to whom made -- Accounting -- Exemption from assignment, levy or execution.

.222 Repealed, 1978.

.223 Repealed, 1978.

.225 Repealed, 1979.

.227 Action by secretary against persons legally liable for support.

.230 Repealed, 1964.

.231 Appeals -- Hearing officers -- Appeal board -- Procedure.

.234 Repealed, 1996.

.237 Public assistance claimant may have counsel -- Fees.

.240 Public assistance funds -- Availability to secretary.

.245 Supplementary payments.

.250 Repealed, 1972.

.260 Repealed, 1956.

.270 Repealed, 1956.

.280 Repealed, 1956.

.290 Revolving fund -- Disbursement -- Balance not to lapse.

.300 Repealed, 1960.

.310 Liability of stepparent for support furnished child.

.320 Repealed, 1956.

.325 Repealed, 1966.

.330 Repealed, 1972.

.335 Repealed, 1972.

.340 Repealed, 1972.

.350 Repealed, 1972.

Energy Assistance Program

.400 Energy Cost Assistance Program established -- Eligibility requirements -- Allocation of funds -- Payments.

.410 Repealed, 1976.

.420 Repealed, 1976.

.430 Repealed, 1976.

.440 Repealed, 1976.

.450 Repealed, 1976.

Services for Elderly Persons

.455 Definitions for KRS 205.460 and 205.465.

.460 Essential services -- Funding -- Collection of fees and contributions.

.465 Report by cabinet.

.470 Centralized resource and referral center for aging caregivers of individuals with mental retardation or other developmental disability.

Medical Assistance

.510 Definitions for medical assistance law.

.512 Repealed, 1972.

.514 Repealed, 1972.

.516 Repealed, 1972.

.518 Repealed, 1972.

.520 Title and purpose of KRS 205.510 to 205.630 -- Recovery from third parties for services rendered.

.525 Application by cabinet for waiver, waiver amendment, or request for plan amendment -- Cabinet to provide interim joint committees with copy and updates.

.530 Repealed, 1974.

.531 Administrative hearings.

.540 Advisory Council for Medical Assistance -- Membership -- Expenses -- Meetings -- Qualifications of members.

.550 Subjects on which council advises.

.558 Prescreening and admissions review system.

.559 Requirements for Medicaid reimbursement to participating providers for telehealth consultations -- Report of impact on health care delivery system required -- Administrative regulations.

.560 Scope of care to be designated by administrative regulations -- Reimbursements mandated or prohibited -- Assessment of health care provider credentials -- Guidelines for dentists' participation.

Kentucky Independence Plus Through Consumer-Directed Services Program

.5605 Definitions for KRS 205.5605 to 205.5607.

.5606 Kentucky Independence Plus Through Consumer-Directed Services Program -- Consumer participation -- Responsibilities of cabinet and fiscal intermediary -- Background screening -- Regulations.

.5607 Applicability of KRS Chapter 342.

.561 Report on the dispensing of prescription medications.

Kentucky Pharmaceutical Assistance Program

.5621 Definitions for KRS 205.5621 to 205.5625.

.5622 Kentucky Pharmaceutical Assistance Program -- Contingency for establishment -- Purpose -- Eligibility -- Enrollment priority.

.5623 Department's powers in providing program benefits.

.5624 Payment of benefits -- Limitations -- Qualification for coverage.

.5625 Residency standards.

.5631 Definitions for KRS 205.5631 to 205.5639.

.5632 Prior authorization requirements -- Administrative regulations.

.5634 Coordination of use of utilization data -- Identification of appropriate use of pharmaceuticals -- Determination of need for educational intervention.

.5636 Drug Management Review Advisory Board -- Membership -- Officers -- Meetings.

.5638 Duties and responsibilities of board.

.5639 Effect of board recommendations -- Written exceptions -- Final decision -- Appeal.

.564 Pharmacy and Therapeutics Advisory Committee --Membership -- Duties -- Information posted on Web site -- Recommendations -- Presentations by interested parties -- Appeals -- Administrative regulations.

.565 Cabinet to recognize unique costs of pediatric teaching hospital.

.566 Electronic medical record database.

.570 Repealed, 1974.

.575 Repealed, 1993.

.576 Repealed, 1993.

.577 Repealed, 1993.

.578 Repealed, 1993.

.580 Repealed, 1974.

.590 Technical advisory committees.

.592 Eligibility of pregnant women and children up to age 1 to participate in Kentucky Medical Assistance Program.

.593 Prohibition against health insurer's considering individual's eligibility for or receipt of medical assistance in enrollment or payment of benefits -- Application of claims payment requirements to Medicaid services.

.594 Health coverage for child under medical child support order -- Duties of health insurers.

.595 Health coverage for child under medical child support order -- Duties of employers.

.596 Prohibition against health insurer's imposing requirements on state agency assigned rights of individual eligible for medical assistance that are different from those applicable to agent or assignee of other covered individual.

.597 Health coverage through insurer of noncustodial parent of child under medical child support order.

.598 Withholding of income and state tax refund of person required by court to provide cost of child's health service -- Priority of claims for child support over costs of reimbursement of child medical support.

.600 Repealed, 1982.

.604 Repealed, 1972.

.610 Repealed, 1972.

.615 Use of allowable Medicaid funding for trauma care costs.

.617 Expansion of Medicaid coverage for screening and treatment of breast or cervical cancer or precancerous conditions -- Short title.

.619 Medicaid plan amendment to permit establishing of Kentucky Long-Term Care Partnership Insurance Program.

.620 Repealed, 1966.

.621 Increased reimbursement for Medicaid.

.622 Billing of third party by vendor for medical services.

.623 Information on claims paid for insurance policyholders and dependents -- Use of data -- Confidentiality of information -- Prohibited fees.

.624 Assignment to cabinet by recipient of rights to third-party payments -- Right of recovery by cabinet.

.626 Time assignment becomes enforceable -- Payment to cabinet -- Attorney's fees.

.627 Repealed, 1996.

.628 Liability of recipient.

.629 Notification of cabinet in actions seeking recovery for recipient.

.630 Prohibited activity by cabinet -- Injunctive relief.

.6310 Cabinet to establish system to reduce unnecessary hospital emergency room utilization and costs.

.6312 Medical recipients to pay allowable nominal copayments -- Administrative regulations.

.6314 Review of reimbursement rates for emergency transportation providers -- Promulgation of administrative regulations relating to emergency transportation providers.

.6315 Requirements when private peer review organization is contracted with to conduct reviews of levels of care.

.6316 Review of procedures for medical assistance reimbursement of pharmacists to reduce fraud and abuse -- Dispensing fee.

.6317 Department for Medicaid Services to develop strategies for reimbursing and paying persons participating in the Supports for Community Living Waiver Program -- Allocation of slots -- Administrative regulations -- Funding.

.63171 Short title for KRS 205.6317.

.6318 Cabinet to establish integrated system to enhance program integrity of Medical Assistance Program.

.6320 Cabinet to strengthen managed care component of KenPAC Program and to establish standards for access and quality for organizations serving Medicaid recipients.

.6322 Cabinet to seek to prohibit sheltering of assets in long-term-care cases.

.6324 Cabinet to enhance third-party resource collection capacity.

.6326 Review of Medicaid reimbursement systems -- Implementation of a standardized patient assessment tool and consistent quality-of-care mandates.

.6328 Quarterly reports to General Assembly regarding Medicaid program changes -- Expiration provision.

.6330 Repealed, 1996.

.6332 System for monitoring use of covered services using appropriate technology and identification card.

.6334 Request for necessary waivers of federal law.

.6336 Certification to Interim Joint Committee on Appropriations and Revenue of general fund savings realized from procedures adopted to control health-care costs -- Transfer of savings to trust fund.

.6338 Implementation of pilot projects to provide health care to frail elderly Medicaid-eligible individuals.

.634 Payments prohibited to out-of-state health facility providing services without required certificate of need -- Nonreimbursement of out-of-state providers of residential care for children -- Exception -- Administrative regulations.

.635 Skilled nursing services provided to Medicaid recipients by adult day health care programs.

.637 Enhanced Medicaid payments to county-owned or operated hospitals -- Payments to other hospitals.

.638 Portion of hospital provider tax collections to fund enhancements to inpatient payments to hospitals.

.639 Definitions for KRS 205.639 to 205.641.

.640 "Medical Assistance Revolving Trust Fund" (MART) -- Distribution of disproportionate share funds -- Authority for administrative regulations -- Duties of hospitals receiving funds from MART.

.641 Disproportionate share funds paid to acute care hospitals and private psychiatric hospitals.

.642 Pervasive developmental disorders -- Definition for KRS 200.654, 200.660, 347.020, and 387.510 -- Waiver application -- Report.

.645 Recognition of varying overhead costs.

Kentucky Children's Health Insurance Program

.6481 Legislative findings.

.6483 Kentucky Children's Health Insurance Program -- Purposes.

.6485 State child health plan -- Eligibility criteria -- Schedule of benefits -- Premium contributions -- Access.

.6487 Establishment of trust fund -- Maintenance.

.6489 Administration -- Outreach -- Data collection.

.6491 Advisory council.

.6495 Short title for KRS 205.6481 to 205.6495 and KRS 304.17A-340.

.6497 Required provisions in plans.

Community Work Experience Programs

.650 Repealed, 1998.

.660 Repealed, 1998.

.670 Repealed, 1998.

.680 Repealed, 1998.

.690 Reports to General Assembly.

.700 Repealed, 1998.

Educational and Vocational Programs for Parents

.702 Educational and vocational programs for parents receiving public assistance -- Reports by cabinet.

.703 Educational and vocational programs eligible for supportive services -- Prohibition against discontinuance of service to low income parents except under certain circumstances.

.704 Preparation and submission of strategic plan to further education of low income parents -- Parties included in planning process.

.705 Legislative intent regarding child support statutes.

Child Support Recovery

.710 Definitions for KRS 205.712 to 205.800.

.712 Division of Child Support -- Duties -- Cabinet to process child support payments -- State disbursement unit -- Cabinet's cooperation with courts and officials -- Reporting of obligors -- Denial, suspension, and revocation of licenses -- Data match system -- Subpoenas -- Distribution of child support program information.

.713 Standardized forms for entry of state case registry information.

.715 Debt due and owing to state by parents.

.720 Assignment -- Subrogation -- Distribution of child support payments -- Effect of termination of Title IV-D services.

.721 Title IV-A services available to individuals not receiving public assistance benefits -- Continuation of IV-D services -- Fee for services -- Exemption -- Annual fee.

.725 Action when application received by cabinet -- Definition.

.730 Cabinet's duty to locate custodial and noncustodial parents -- Enforcement of child support obligations -- Registry of information relating to parents -- Assistance from governmental agencies -- Limits on availability of information.

.732 Employment assistance program for low-income noncustodial parents.

.735 Information to be supplied by employer.

.740 Repealed, 1988.

.741 Repealed, 1990.

.743 Repealed, 1990.

.744 Repealed, 1990.

.745 Child support lien or levy in favor of cabinet -- Filing of notice -- Foreclosure actions -- Immobilization of vehicles of child support obligors.

.750 Payments to be made through the state agency or the agency's designee.

.752 Penalty imposed upon payor for tender of dishonored check.

.755 Manner for receipt and distribution of payments.

.760 Repealed, 1988.

.765 Judicial proceeding to secure support.

.766 Concurrent jurisdiction of Circuit and District Courts in certain child support cases.

.767 Surety to guarantee payment of overdue support.

.768 Release of information to consumer reporting agencies -- Notice -- Charge for information.

.7685 Credit report from consumer reporting agency.

.769 Federal and state income tax refund offsets.

.7695 Sharing of state tax information for child support collection.

.770 Child custody and visitation rights.

.772 Data match agreements between cabinet and financial institutions -- Surrender of assets when parent is subject to lien -- Fee -- Financial institutions not liable.

.774 Wage reporting and financial institution match systems -- Agreements.

.775 Repealed, 1988.

.776 Disclosure of information about data match system to depositors -- Penalty -- Liability of financial institution -- Fee.

.778 Lien against account of noncustodial parent owing child support -- Notice -- Account activity fees -- Priority of lien.

.7785 Interstate lien to enforce Kentucky child support obligation -- Lien to enforce obligation credited in another state -- Priority of out-of-state lien -- Certification of authority.

.780 Legal action for reimbursement.

.782 Service of process by constable in county containing city of the first class.

.785 Identity of parent -- Information concealment.

.790 Procedures -- Actions -- Remedies.

.792 Use of administrative process to determine and enforce support obligations.

.793 Administrative subpoena for information relating to child support -- Financial institution may deduct funds from account -- Action to enforce subpoena.

.795 Regulations.

.796 Divulging of information by employees or agents of the Commonwealth -- Penalties for unauthorized disclosure.

.7965 Release of data to government agencies.

.798 Cabinet may coordinate with other agencies.

.800 Referral to local officials -- Cooperative arrangements for administering.

.802 Standardized forms for entry into state case registry.

Crisis Assistance

.810 Repealed, 1998.

.830 Legislative intent.

.835 Disclosure of financial data pertinent to applicants for or recipients of benefits -- Fee -- Written consent.

.845 Repealed, 1994.

Control of Fraud and Abuse

.8451 Definitions for KRS 205.8451 to 205.8483.

.8453 Responsibility for control of fraud and abuse.

.8455 Recipient Utilization Review Committee -- Authority.

.8457 Responsibility of managed care primary physician.

.8459 Emergency service.

.8461 Unlawful referral practices of provider -- Penalties.

.8463 Fraudulent acts -- Penalties.

.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliation.

.8467 Liability of violators -- Payment of penalties to Medicaid trust fund.

.8469 Enforcement proceedings by Attorney General.

.8471 Lien on property of provider or recipient defrauding Medicaid program.

.8473 Reliance on written governmental advice as defense.

.8475 Forfeiture of provider's license.

.8477 Ownership reporting requirements for health facilities and health services.

.8479 Report of license or certificate suspension, revocation, or limitation.

.8481 Prohibition against representation of provider by staff of Attorney General in private practice.

.8483 Toll-free hotline for receiving reports of fraud and abuse -- Annual report.

.850 Repealed, 1994.

.855 Repealed, 1994.

Personal Care Assistance

.900 Definitions for KRS 205.905 to 205.920.

.905 Subsidy for personal care assistance.

.910 Eligibility standard -- Subsidy not income for federal law purposes -- Supplements other programs.