Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XVII. ECONOMIC SECURITY AND PUBLIC WELFARE |
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 Repealed, 1950. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1942. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1950. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed, 1966. [Repealed] |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 Repealed,1974. [Repealed] |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 Repealed, 1974. [Repealed] |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 Repealed, 1998. [Repealed] |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 Repealed, 1998. [Repealed] |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 Repealed, 1978. [Repealed] |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 Repealed, 1978. [Repealed] |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 Repealed, 1979. [Repealed] |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 Repealed, 1964. [Repealed] |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. |
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. |
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. |
597. Health coverage through insurer of noncustodial parent of child under medical child support order. |
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. |
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. |
6338. Implementation of pilot projects to provide health care to frail elderly Medicaid-eligible individuals. |
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. |
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. |
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. |