CHAPTER 205. PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE  


Public Assistance Program
010. Definitions for chapter.
020. Repealed, 1950. [Repealed]
030. Repealed, 1950. [Repealed]
040. Repealed, 1950. [Repealed]
045. Renumbered as 45.235, effective 1948. [Renumbered]
050. Repealed, 1950. [Repealed]
060. Repealed, 1942. [Repealed]
065. Repealed, 1950. [Repealed]
070. Repealed, 1950. [Repealed]
080. Repealed, 1950. [Repealed]
090. Repealed, 1966. [Repealed]
100. Repealed, 1966. [Repealed]
110. Repealed, 1966. [Repealed]
120. Repealed, 1966. [Repealed]
130. Repealed, 1966. [Repealed]
140. Repealed, 1966. [Repealed]
150. Repealed, 1966. [Repealed]
160. Repealed,1974. [Repealed]
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 Repealed, 1974. [Repealed]
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 Repealed, 1998. [Repealed]
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 Repealed, 1998. [Repealed]
217. Long-term care case management demonstration.
220. Payments, to whom made -- Accounting -- Exemption from assignment, levy or execution.
222. Repealed, 1978. [Repealed]
223. Repealed, 1978. [Repealed]
225. Repealed, 1979. [Repealed]
227. Action by secretary against persons legally liable for support.
230. Repealed, 1964. [Repealed]
231. Appeals -- Hearing officers -- Appeal board -- Procedure.
234. Repealed, 1996. [Repealed]
237. Public assistance claimant may have counsel -- Fees.
240. Public assistance funds -- Availability to secretary.
245. Supplementary payments.
250. Repealed, 1972. [Repealed]
260. Repealed, 1956. [Repealed]
270. Repealed, 1956. [Repealed]
280. Repealed, 1956. [Repealed]
290. Revolving fund -- Disbursement -- Balance not to lapse.
300. Repealed, 1960. [Repealed]
310. Liability of stepparent for support furnished child.
320. Repealed, 1956. [Repealed]
325. Repealed, 1966. [Repealed]
330. Repealed, 1972. [Repealed]
335. Repealed, 1972. [Repealed]
340. Repealed, 1972. [Repealed]
350. Repealed, 1972. [Repealed]
Energy Assistance Program
400. Energy Cost Assistance Program established -- Eligibility requirements -- Allocation of funds -- Payments.
410. Repealed, 1976. [Repealed]
420. Repealed, 1976. [Repealed]
430. Repealed, 1976. [Repealed]
440. Repealed, 1976. [Repealed]
450. Repealed, 1976. [Repealed]
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 an intellectual disability or other developmental disability.
Medical Assistance (State Medicaid Program)
510. Definitions for medical assistance law.
512. Repealed, 1972. [Repealed]
514. Repealed, 1972. [Repealed]
516. Repealed, 1972. [Repealed]
518. Repealed, 1972. [Repealed]
520. Title and purpose of KRS 205.510 to 205.630 -- Recovery from third parties for services rendered.
522. Medicaid managed care organization to comply with KRS 304.17A-740 to 304.17A-743.
525. Application by cabinet for waiver, waiver amendment, or request for plan amendment -- Cabinet to provide interim joint committees with copy and updates.
527. Managing of IMPACT Plus program by Medicaid managed care organization -- Continuation of services for eligible children -- Billing -- Gaps in service and lack of access.
530. Repealed, 1974. [Repealed]
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.
Pharmaceutical Utilization Review
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.
Miscellaneous Health Coverage Provisions
565. Cabinet to recognize unique costs of pediatric teaching hospital.
566. Electronic medical record database.
570. Repealed, 1974. [Repealed]
575. Repealed, 1993. [Repealed]
576. Repealed, 1993. [Repealed]
577. Repealed, 1993. [Repealed]
578. Repealed, 1993. [Repealed]
580. Repealed, 1974. [Repealed]
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. [Repealed]
604. Repealed, 1972. [Repealed]
610. Repealed, 1972. [Repealed]
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. [Repealed]
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. [Repealed]
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. [Repealed]
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.
643. IMPACT Plus Program -- Provider to receive copy of criteria used in audit, evaluation, or review.
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. [Repealed]
660. Repealed, 1998. [Repealed]
670. Repealed, 1998. [Repealed]
680. Repealed, 1998. [Repealed]
690. Reports to General Assembly.
700. Repealed, 1998. [Repealed]
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. Department for Income 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. [Repealed]
741. Repealed, 1990. [Repealed]
743. Repealed, 1990. [Repealed]
744. Repealed, 1990. [Repealed]
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. [Repealed]
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. [Repealed]
776. Disclosure of information about data match system to depositors -- Penalty -- Liability of financial institution -- Fee.
778. Lien against account of 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. [Repealed]
830. Legislative intent.
835. Disclosure of financial data pertinent to applicants for or recipients of benefits -- Fee -- Written consent.
845. Repealed, 1994. [Repealed]
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. [Repealed]
855. Repealed, 1994. [Repealed]
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.
915. Appeal of decision by aggrieved party.
920. Regulations.
925. Implementation of KRS 205.900 to 205.920 by cabinet.
Representative Payee Services
935. Definitions for KRS 205.940.
940. Representative payee fund.
950. Certification of adult day care centers.
955. Unannounced inspection of adult day care centers.
Penalties
990. Penalties.
991. Repealed, 1979. [Repealed]
992. Penalties for child support recovery offenses.