STATEMENT OF EMERGENCY

907 KAR 1:056E

 

      This emergency administrative regulation is being promulgated to repeal two (2) obsolete administrative regulations - 907 KAR 1:418, Incorporation by reference of the Rural Health Clinic Services Manual, and 907 KAR 1:427, Incorporation by reference of the Primary Care Services Manual - and is being promulgated concurrently with another emergency administrative regulation – 907 KAR 1:055E, Payments for primary care center, federally-qualified health center, and rural health clinic services. 907 KAR 1:055E is being promulgated to eliminate Medicaid payments to primary care centers in amounts that exceed those approved by the Centers for Medicare and Medicaid Services (CMS) and for which CMS will not provide federal matching funds. 907 KAR 1:418 and 907 KAR 1:427 contain archaic policies on subjects that are now addressed in 907 KAR 1:054, Primary care center and federally-qualified health center services, and 907 KAR 1:055. As 907 KAR 1:055E must be promulgated on an emergency basis to prevent a loss of federal funds, this administrative regulation must be promulgated on an emergency basis to support 907 KAR 1:055E by eliminating any contradiction between 907 KAR 1:055E and the two (2) administrative regulations that are being repealed. This action must be implemented on an emergency basis to eliminate the presence of contradictory policies and requirements among Kentucky Medicaid regulations and to prevent a loss of federal funds. This emergency administrative regulation shall not be replaced by an ordinary administrative regulation as this emergency administrative regulation repeals 907 KAR 1:418 and 907 KAR 1:427 leaving nothing to be repealed by an ordinary administrative regulation. No ordinary administrative regulation is being promulgated.

 

STEVEN L. BESHEAR, Governor

AUDREY TAYSE HAYNES, Secretary

 

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Medicaid Services

Commissioner’s Office

(Emergency Repealer)

 

      907 KAR 1:056E. Repeal of 907 KAR 1:418 and 907 KAR 1:427.

 

      RELATES TO: 42 U.S.C. 1396a

      STATUTORY AUTHORITY: KRS 194A.030(2), 194A.050(1), 205.520(3)

      EFFECTIVE: March 1, 2013

      NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services, Department for Medicaid Services has responsibility to administer the Kentucky Medicaid Program. KRS 205.520(3) authorizes the cabinet, by administrative regulation, to comply with any requirement that may be imposed, or opportunity presented, by federal law to qualify for federal Medicaid funds. This administrative regulation, in accordance with KRS 13A.310(3)(c), repeals 907 KAR 1:418 and 907 KAR 1:427. 907 KAR 1:418 and 907 KAR 1:427 are being repealed because they contain archaic policies on subjects now addressed in 907 KAR 1:054 and 907 KAR 1:055. 907 KAR 1:055E is being concurrently promulgated to prevent a loss of federal funds by eliminating payments to primary care centers that exceed those approved by the Centers for Medicare and Medicaid Services (CMS) and for which CMS will not provide federal matching funds. As 907 KAR 1:055E must be promulgated on an emergency basis to prevent a loss of federal funds, this administrative regulation must be promulgated on an emergency basis to support 907 KAR 1:055E by eliminating any contradiction between 907 KAR 1:055E and the two (2) administrative regulations that are being repealed.

 

      Section 1. The following administrative regulations are hereby repealed:

      (1) 907 KAR 1:418, Incorporation by reference of the Rural Health Clinic Services Manual; and

      (2) 907 KAR 1:427, Incorporation by reference of the Primary Care Services Manual.

 

LAWRENCE KISSNER, Commissioner

AUDREY TAYSE HAYNES, Secretary

      APPROVED BY AGENCY: March 1, 2013

      FILED WITH LRC: March 1, 2013 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on April 22, 2013 at 9:00 a.m. in the Cabinet for Health and Family Services, Office of the Ombudsman‘s Conference Room Located on the First Floor at 1E-B; 275 East Main Street; Frankfort, Kentucky; 40621. Individuals interested in attending this hearing shall notify this agency in writing by April 15, 2013, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until close of business April 30, 2013. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Jill Brown, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone (502) 564-7905, fax (502) 564-7573, email jill.brown@ky.gov.

 

REGULATORY IMPACT ANALYSIS And Tiering Statement

 

Contact Person: Stuart Owen

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation, in accordance with KRS 13A.310(3)(c), repeals 907 KAR 1:418 and 907 KAR 1:427.

      (b) The necessity of this administrative regulation: The administrative regulation is necessary to repeal 907 KAR 1:418 and 907 KAR 1:427. 907 KAR 1:418 and 907 KAR 1:427 are being repealed because they contain archaic policies on subjects now addressed in 907 KAR 1:054 and 907 KAR 1:055. 907 KAR 1:055E is being concurrently promulgated to prevent a loss of federal funds by eliminating payments to primary care centers that exceed those approved by the Centers for Medicare and Medicaid Services (CMS) and for which CMS will not provide federal matching funds. As 907 KAR 1:055E must be promulgated on an emergency basis to prevent a loss of federal funds, this administrative regulation must be promulgated on an emergency basis to support 907 KAR 1:055E by eliminating any contradiction between 907 KAR 1:055E and the two (2) administrative regulations that are being repealed.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of the authorizing statutes by repealing obsolete or duplicate Medicaid program regulatory material as authorized by KRS 194A.030(2).

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation will assist in the effective administration of the authorizing statues by repealing obsolete or duplicate Medicaid program regulatory material as authorized by KRS 194A.030(2).

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This is not an amendment to an existing administrative regulation.

      (b) The necessity of the amendment to this administrative regulation: This is not an amendment to an existing administrative regulation.

      (c) How the amendment conforms to the content of the authorizing statutes: This is not an amendment to an existing administrative regulation.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This is not an amendment to an existing administrative regulation.

      (3) List the type and number of individuals, businesses, organizations, or state and local government affected by this administrative regulation: This repealer administrative regulation is not expected to affect individuals, businesses, organizations, or local government.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment. No action is required of regulated entities.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3). No cost is imposed on regulated entities.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3). No benefit, other than the elimination of potentially confusing archaic administrative regulation material, is expected for regulated entities.

      (5) Provide an estimate of how much it will cost to implement this administrative regulation:

      (a) Initially: The administrative regulation imposes no cost on the Department for Medicaid Services.

      (b) On a continuing basis: The administrative regulation imposes no cost on the Department for Medicaid Services.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding is necessary to implement the administrative regulation.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No fee nor funding increase is necessary to implement the administrative regulation.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: The administrative regulation neither establishes nor increases any fee.

      (9) Tiering: Is tiering applied? Tiering is not applied as this is a repealer administrative regulation.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Department for Medicaid Services will be affected by this administrative regulation.

      2. Identify each state or federal regulation that requires or authorizes the action taken by the administrative regulation. Not applicable, this administrative regulation is being repealed. KRS 194A.030(2), 194A.050(1), 205.520(3) and 42 U.S.C. 1396a authorize the action taken by this administrative regulation.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This administrative regulation will generate no revenue for state or local government.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation will generate no revenue for state or local government.

      (c) How much will it cost to administer this program for the first year? This administrative regulation imposes no administrative cost on the Department for Medicaid Services.

      (d) How much will it cost to administer this program for subsequent years? This administrative regulation imposes no administrative cost on the Department for Medicaid Services.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: