KRS § 210.370 — KY Code / Title XVIII / Chapter 210 / Section 210.370
210.370 Service areas for regional community services programs -- Cities or counties may join in providing programs for mental health or individuals with an intellectual disability -- Operating as behavioral health services organization when outside regional service area -- Expansion of out-of-region services -- Assistance from other service areas -- Collaborative request -- Reimbursement for services outside area
Status: in_force

210.370 Service areas for regional community services programs -- Cities or

counties may join in providing programs for mental health or individuals with

an intellectual disability -- Operating as behavioral health services

organization when outside regional service area -- Expansion of out-of-region

services -- Assistance from other service areas -- Collaborative request --

Reimbursement for services outside area.

(1) The following fifteen (15) regional service areas for regional community services

programs are hereby created and established:

(a) Regional service area one (1), which shall include the counties of Ballard,

Carlisle, Hickman, Fulton, McCracken, Graves, Marshall, Livingston, and

Calloway;

(b) Regional service area two (2), which shall include the counties of Crittenden,

Lyon, Caldwell, Hopkins, Muhlenberg, Trigg, Christian, and Todd;

(c) Regional service area three (3), which shall include the counties of Union,

Henderson, Webster, McLean, Daviess, Ohio, and Hancock;

(d) Regional service area four (4), which shall include the counties of Logan,

Simpson, Butler, Warren, Edmonson, Hart, Barren, Allen, Metcalfe, and

Monroe;

(e) Regional service area five (5), which shall include the counties of

Breckinridge, Meade, Grayson, Hardin, Larue, Nelson, Washington, and

Marion;

(f) Regional service area six (6), which shall include the counties of Bullitt,

Henry, Jefferson, Oldham, Shelby, Spencer, and Trimble;

(g) Regional service area seven (7), which shall include the counties of Boone,

Kenton, Campbell, Carroll, Gallatin, Owen, Grant, and Pendleton;

(h) Regional service area eight (8), which shall include the counties of Bracken,

Mason, Robertson, Fleming, and Lewis;

(i) Regional service area nine (9), which shall include the counties of Rowan,

Bath, Montgomery, Menifee, and Morgan;

(j) Regional service area ten (10), which shall include the counties of Greenup,

Boyd, Carter, Elliott, and Lawrence;

(k) Regional service area eleven (11), which shall include the counties of

Johnson, Magoffin, Martin, Floyd, and Pike;

(l) Regional service area twelve (12), which shall include the counties of Wolfe,

Owsley, Lee, Breathitt, Leslie, Perry, Knott, and Letcher;

(m) Regional service area thirteen (13), which shall include the counties of

Jackson, Rockcastle, Laurel, Clay, Knox, Whitley, Bell, and Harlan;

(n) Regional service area fourteen (14), which shall include the counties of

Taylor, Adair, Green, Casey, Russell, Pulaski, Clinton, Cumberland, Wayne,

and McCreary; and

(o) Regional service area fifteen (15), which shall include the counties of

Anderson, Franklin, Woodford, Mercer, Boyle, Lincoln, Garrard, Jessamine,

Fayette, Scott, Harrison, Bourbon, Nicholas, Clark, Madison, Powell, and

Estill.

(2) Notwithstanding subsection (1) of this section, any combination of cities or counties

of over fifty thousand (50,000) population, and upon the consent of the secretary of

the cabinet any combination of cities or counties with less than fifty thousand

(50,000) population, may establish a regional community services program and

staff same with persons specially trained in psychiatry and related fields. Such

programs and clinics may be administered by a community board for mental health

or individuals with an intellectual disability established pursuant to KRS 210.370 to

210.460, or by a nonprofit corporation.

(3) Notwithstanding any provision of law to the contrary and except as provided for in

subsections (4) and (5) of this section:

(a) A regional community services program may provide services outside of its

regional service area as established in subsection (1) of this section, but when

doing so, the regional community services program shall be considered,

including by the cabinet, to be operating as a behavioral health services

organization and not a regional community services program.

(b) A regional community services program shall not be required to obtain

licensure or any other form of authorization from the cabinet to operate as a

behavioral health services organization outside of its regional service area as

established in subsection (1) of this section.

(c) When a regional community services program chooses to provide services as

a behavioral health services organization outside of its regional service area as

established in subsection (1) of this section, the regional community services

program shall:

1. Comply with all administrative regulations related to behavioral health

services organizations promulgated by the cabinet; and

2. Be reimbursed by the Department for Medicaid Services or a managed

care organization with whom the department has contracted for the

delivery of Medicaid services in accordance with KRS 205.560(8)(b).

(4) (a) For any services being provided by a regional community services program

outside of its regional service area as established in subsection (1) of this

section prior to June 29, 2023, the provisions of subsection (3) of this section

apply on or after January 1, 2025.

(b) Beginning on June 29, 2023, the provisions of this subsection shall apply to

any expansion of current out-of-region services, including the provision of

additional services in an out-of-region county in which the regional

community services program is providing services on June 29, 2023, and any

expansion of services into an out-of-region county in which the regional

community services program is not providing services on June 29, 2023.

(5) (a) If a regional community services program notifies the secretary in writing that

the regional community services program is unable to provide a service that is

included in its respective plan and budget for the current fiscal year:

1. The secretary shall contact the regional community services programs in

the regional service areas contiguous to the region that has notified the

secretary to assess their interest in and ability to provide the service that

the regional community service program indicated it is unable to

provide. If a regional community services program in a contiguous

regional service area is interested in and able to provide the service, the

secretary shall approve it to provide that service in the regional service

area of the regional community services program that made notice to the

secretary; and

2. If a regional community services program in a contiguous region is not

interested in or is unable to provide the service, the secretary shall

contact all other regional community services programs to assess their

interest in and ability to provide the service that the regional community

services program indicated it is unable to provide. If another regional

community services program in a noncontiguous regional service area is

interested in and able to provide the service, the secretary shall approve

it to provide that service in the regional service area of the regional

community services program that made notice to the secretary.

(b) If the secretary receives joint notification from a regional community services

program assigned to serve a specific county pursuant to subsection (1) of this

section and a regional community services program whose region as

established in subsection (1) of this section is contiguous to the region in

which the county lies requesting that the regional community services

program from the contiguous region be permitted to continue to provide an

array of services that it was providing in the county in question on June 29,

2023, the secretary shall approve and recognize the collaborative request.

(c) If a regional community services program is approved by the secretary

pursuant to this subsection to provide services outside of its regional service

area as established in subsection (1) of this section, the regional community

services program shall be considered, including by the cabinet, to be operating

as a regional community services program and shall be reimbursed by the

Department for Medicaid Services or a managed care organization with whom

the department has contracted for the delivery of Medicaid services

accordingly.