STATEMENT OF EMERGENCY

908 KAR 2:240E

 

††††† This emergency administrative regulation is being promulgated to: Assure that Youth Peer Support Specialists working within the behavioral health system are appropriately trained and supervised. Establish the minimum requirement for a youth peer support specialist position, specifying qualifications, training, and supervision requirements to behavioral health system providers who may employ peer specialists. This action must be implemented on an emergency basis to ensure: Medicaid is expanding the provider network and billable services to be effective January 1, 2014. This administrative regulation must be implemented as an emergency, so that the Youth Peer Support Specialist will be able to be trained and eligible to provide these services. 42 U.S.C. 1396a (a)(10)(B) requires the Medicaid Program to ensure that services are available to Medicaid recipients in the same amount, duration, and scope. Expanding the provider base will help ensure Medicaid recipient access to services statewide and reduce or prevent the lack of availability of services due to demand exceeding supply in any given area. This emergency administrative regulation shall be replaced by an ordinary administrative regulation filed with the Regulations Compiler. The ordinary administrative regulation is identical to this emergency administrative regulation.

 

STEVEN L. BESHEAR, Governor

AUDREY TAYSE HAYNES, Secretary

 

CABINET FOR HEALTH AND FAMILY SERVICES

Department for Behavioral Health, Developmental and Intellectual Disabilities

Division for Behavioral Health

(New Emergency Administrative Regulation)

 

††††† 908 KAR 2:240E. Kentucky Youth Peer Support Specialist.

 

††††† RELATES TO: KRS 210.010, 210.040, 210.370-485

††††† STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 210.450, 12.455

††††† EFFECTIVE: February 6, 2014

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 210.450 authorizes the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations governing qualifications of personnel, standards for personnel management operations and consultation in ascertaining local needs for community behavioral health and developmental disabilities and other child and family serving programs. This administrative regulation establishes the minimum eligibility and training requirements for a Kentucky youth peer support specialist.

 

††††† Section 1. Definitions. (1) "Applicant" means an individual seeking to complete the Kentucky Youth Peer Support Specialist training.

††††† (2) "Application" means completing the Kentucky Youth Peer Support Specialist Training Application form and submitting it to the department.

††††† (3) "Client" means a child with an emotional disability as defined by KRS 200.503(1) or who is at risk of developing an emotional disability.

††††† (4) "Core Competency" means the established knowledge and skill that all applicants must demonstrate in order to successfully complete the Kentucky youth peer support specialist training.

††††† (5) "Department" means the Department for Behavioral Health, Developmental and Intellectual Disabilities.

††††† (6) "Kentucky Family Leadership Academy" or "KFLA" means a prerequisite training designed for parents, caregivers, and youth leaders that fosters initial leadership development.

††††† (7) "Kentucky youth peer support specialistí or "KYPSS" means an eligible youth who has completed the requirements of this administrative regulation.

††††† (8) "Lived Experience" means an experience of a child or youth with an emotional, social, behavioral and/or substance use disability; and who has received at least one (1) state-funded service for children with an emotional disability.

††††† (9) "Professional Equivalent" means an individual who has a:

††††† (a) Bachelorís degree in psychology, sociology, social work, or a human services-related field and three (3) years of full-time supervised experience;

††††† (b) Masterís degree in psychology, sociology, social work, pastoral counseling, or a human services-related field and six (6) months of full-time supervised experience; or

††††† (c) Doctoral degree in psychology, sociology, social work, pastoral counseling, or a human services-related field.

††††† (10) "State family organization" means an organization with whom the department contracts to carry out the activities associated with statewide advocacy and support for children and youth with severe emotional disabilities.

††††† (11) "State Interagency Council" is defined by KRS 200.505

††††† (12) "Youth Peer Support 101" means a training designed for KYPSS and their supervisors that provides an orientation to the position.

 

††††† Section 2. Eligibility Criteria. An applicant shall:

††††† (1) Be a youth between the ages of eighteen (18) and thirty-five (35) years;

††††† (2) Have lived experience;

††††† (3) Be receiving or have received services from at least one (1) of the child-serving agencies represented by the State Interagency Council;

††††† (4) Have a high school diploma or general education development (GED) certificate; and

††††† (5) Have successfully completed the KFLA training approved by the department.

 

††††† Section 3. Departmentís Responsibilities. The Department shall:

††††† (1) Assure that the KYPSS Core Competency Training Application shall be available to eligible applicants through:

††††† (a) A written or verbal request to the department;

††††† (b) The department Web site;

††††† (c) Member agencies of the State Interagency Council; and

††††† (d) The statewide family organization;

††††† (2) Provide state level KFLA training;

††††† (3) Provide notification of KYPSS training to include:

††††† (a) Date;

††††† (b) Time;

††††† (c) Location of the training; and

††††† (d) Prerequisites for training participants;

††††† (4) Provide KYPSS training from a standard curriculum with the following core competencies:

††††† (a) System of Care Philosophy;

††††† (b) Wraparound Process;

††††† (c) Youth Support;

††††† (d) Group Process;

††††† (e) Cultural and Linguistic Competence;

††††† (f) Communication;

††††† (g) Organization;

††††† (h) Self-Care;

††††† (i) Leadership; and

††††† (j) Ethics and Value.

††††† (5) Receipt of documentation of successful completion of the KYPSS training;

††††† (6) Maintenance of the following documents:

††††† (a) Application;

††††† b) Completion of the KFLA;

††††† (c) Competency examinations; and

††††† (d) Examination results; and

††††† (7) Maintain a database with the names of Kentucky youth peer support specialists.

 

††††† Section 4. Kentucky Youth Peer Support Specialist Duties and Responsibilities. A Kentucky youth peer support specialist shall:

††††† (1) Use personal stories to teach through experience;

††††† (2) Serve as a role model for clients;

††††† (3) Ensure and empower client voice and choice during plan development and implementation;

††††† (4) Support clients by attending team meetings, upon request;

††††† (5) Support clients by improving their confidence to be a self-advocate;

††††† (6) Help individuals working with youth to understand youth culture; and

††††† (7) Help clients enhance their relationships with community partners.

 

††††† Section 5. Training Requirements. An applicant seeking to provide youth peer support specialist services shall:

††††† (1) Complete and submit the KYPSS Core Competency Training Application to the department;

††††† (2) Complete a department approved Kentucky youth peer support specialist training;

††††† (3) Successfully complete the examination following the training; and

††††† (4) Complete and maintain documentation of a minimum of six (6) hours of related training or education in each subsequent year.

 

††††† Section 6. Request to Waive the Kentucky Youth Peer Support Specialist Training Requirements.

††††† (1) An applicant may request to waive the Kentucky youth peer support specialist training requirements under the following conditions:

††††† (a) Completion of the KYPSS Core Competency Training Application;

††††† (b) Documentation of completion of a youth peer support specialist training sponsored by a federal entity or by another state with core competencies consistent with that of the KYPSS; and

††††† (c) Documentation to show that the training has occurred within five (5) years of the application date.

††††† (2) The department shall review all requests to waive the training requirement and may:

††††† (a) Approve the request in writing based on the documentation provided by the applicant;

††††† (b) Approve in writing pending successful completion of the KYPSS Core Competency Training exam; or

††††† (c) Deny the request in writing should the applicant fail to demonstrate compliance with any provision of this administrative regulation.

††††† (3) If an applicant is denied a training waiver, he or she may apply to complete the KYPSS training in accordance with the requirements in Section 5 of this administrative regulation.

 

††††† Section 7. Kentucky Youth Peer Support Specialist Supervision.

††††† (1) Kentucky youth peer support services shall be provided under the supervision of the following professionals who shall complete the department approved Youth Peer Support 101:

††††† (a) Physician;

††††† (b) Psychiatrist;

††††† (c) Licensed psychologist or LP;

††††† (d) Licensed psychological practitioner or LPP;

††††† (e) Licensed psychological associate or LPA working under the supervision of a licensed psychologist;

††††† (f) Licensed clinical social worker or LCSW;

††††† (g) Certified social worker or CSW with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency, or a company engaged in the provision of mental health services, or a regional community mental health center;

††††† (h) Licensed marriage and family therapist or LMFT with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, or a psychiatric unit of a general or private agency, or company engaged in providing mental health services, or a regional community mental health center.

††††† (2) An individual supervision meeting shall be conducted face to face and shall occur no less than once a week for the first year and monthly thereafter.

 

††††† Section 8. Employment. A Kentucky Youth Peer Support Specialist may be employed by a:

††††† (1) Member agency of the State Interagency Council;

††††† (2) State operated facility; or

††††† (3) State-contracted provider.

 

††††† Section 9. Incorporation by Reference. (1) "Kentucky Youth Peer Support Specialist Core Competency Training Application", 2014, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Behavioral Health, Developmental and Intellectual Disabilities, 100 Fair Oaks Lane, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.

 

MARY REINLE BEGLEY, Commissioner

AUDREY TAYSE HAYNES, Secretary

††††† APPROVED BY AGENCY: January 29, 2014

††††† FILED WITH LRC: February 6, 2014 at noon

††††† CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone (502) 564-7905, fax (502) 564-7573, email tricia.orme@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Natalie Kelly or Ijeoma Eneje

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation establishes the minimum requirement for a youth peer support specialist position, specifying qualifications, training, and supervision requirements to behavioral health system providers who may employ peer specialists.

††††† (b) The necessity of this administrative regulation: This administrative regulation is necessary in order to assure that youth peer support specialists working within the behavioral health system are appropriately trained and supervised. This administrative regulation is also necessary to comply with a federal mandate and to enhance recipient access to services.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of KRS 210.450, in that it establishes qualifications and standards for personnel who participate in meeting behavioral health needs of the citizens of the Commonwealth.

††††† (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 statute by establishing criteria whereby youth peer support specialists can be trained and supervised to meet the behavioral health needs of children and families of the Commonwealth.

††††† (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 a new regulation.

††††† (b) The necessity of the amendment to this administrative regulation: This is a new regulation.

††††† (c) How the amendment conforms to the content of the authorizing statutes: This is a new regulation.

††††† (d) How the amendment will assist in the effective administration of the statutes: This is a new regulation.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:

††††† KDBHDID operated and contracted Regional Community Board for Mental Health or/and Individuals with an Intellectual Disability. (Community Mental Health Centers), (fourteen (14) Boards which serve all 120 counties of the Commonwealth).

††††† Additional behavioral health providers approved by the Department for Medicaid Services.

††††† Individuals seeking to become youth peer support specialists (estimated twenty (20) per year).

††††† Individuals who may receive services from youth peer support specialists (estimated 2,000 per year).

††††† (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:

††††† The KDBHDID will be required to implement a system to train youth peer support specialists and maintain a database of approved providers.

††††† The Regional CMHC Boards and additional behavioral health providers will be required to establish systems for recruiting, hiring and supervising youth peer support specialists.

††††† Individuals seeking to become youth peer support specialists will be required to complete the KDBHDID application process and training.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):

††††† It will cost the KDBHDID $30,000 in the first year and $20,000 during each subsequent year to establish and implement the training and certification requirements.

††††† Regional CMHC Boards and other behavioral health providers will incur the expense necessary to pay salaries and associated costs if they choose to hire a youth peer support specialist.

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3):

††††† KDBHDID will obtain benefit by increasing the availability of qualified individuals who can provide services and supports to youth who have behavioral health issues and their families in the Commonwealth.

††††† Regional CMHC Boards and other behavioral health providers will benefit by having additional human resources to fulfill their mission to serve individuals with behavioral health issues in their regions.

††††† Individuals who become youth peer support specialists will benefit from new employment opportunities.

††††† Individuals receiving services from youth peer support specialists will benefit through having access to individuals who may have similar experiences and background.

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

††††† (a) Initially: It will cost approximately $30,000 for the first year to establish and implement the training and certification process.

††††† (b) On a continuing basis: It will cost approximately $20,000 for each subsequent year to provide the training and certification.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The source of funding is the Federal Mental Health Block Grant, other federal grant funding, and state general funds.

††††† (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: None

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees and does not directly or indirectly increase fees.

††††† (9) TIERING: Is tiering applied? Tiering will not be applied since every qualified applicant has an equal chance of applying to become a Department approved Kentucky Youth Peer Support Specialist.

 

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? This administrative regulation will impact individuals seeking training as Kentucky youth peer support specialist, the Regional CMHC Boards (Community Mental Health Centers), and additional Behavioral Health Providers.

††††† 2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The following statutes authorize the actions taken by this administrative regulation: KRS 200.503(2), 202A.011 (12), 210.005(2) & (3), 210.010, 210.040, 210.370-485.

††††† 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 not generate new revenues for state or local government in the first year.

††††† (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 not generate new revenues for state or local government in subsequent years.

††††† (c) How much will it cost to administer this program for the first year? It will cost $30,000 in Federal Mental Health Block Grant funds to provide the curriculum training and maintain the database.

††††† (d) How much will it cost to administer this program for subsequent years? It will cost $20,000 in Federal Mental Health Block Grant funds to provide the curriculum training and maintain the database.

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

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: