KRS § 194A.030 — KY Code / Title XVII / Chapter 194A / Section 194A.030
194A.030 Major organizational units of cabinet
Status: in_force

194A.030 Major organizational units of cabinet.

The cabinet consists of the following major organizational units, which are hereby

created:

(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office

of Legal Services, an Office of Inspector General, an Office of Public Affairs, an

Office of Human Resource Management, an Office of Finance and Budget, an

Office of Legislative and Regulatory Affairs, an Office of Administrative Services,

an Office of Application Technology Services, an Office of Data Analytics, and an

Office of Medical Cannabis as follows:

(a) The Office of Legal Services shall provide legal advice and assistance to all

units of the cabinet in any legal action in which it may be involved. The

Office of Legal Services shall employ all attorneys of the cabinet who serve

the cabinet in the capacity of attorney, giving legal advice and opinions

concerning the operation of all programs in the cabinet. The Office of Legal

Services shall be headed by a general counsel who shall be appointed by the

secretary with the approval of the Governor under KRS 12.050 and 12.210.

The general counsel shall be the chief legal advisor to the secretary and shall

be directly responsible to the secretary. The Attorney General, on the request

of the secretary, may designate the general counsel as an assistant attorney

general under the provisions of KRS 15.105;

(b) The Office of Inspector General shall be headed by an inspector general who

shall be appointed by the secretary with the approval of the Governor. The

inspector general shall be directly responsible to the secretary. The Office of

Inspector General shall be responsible for:

1. The conduct of audits and investigations for detecting the perpetration of

fraud or abuse of any program by any client, or by any vendor of

services with whom the cabinet has contracted; and the conduct of

special investigations requested by the secretary, commissioners, or

office heads of the cabinet into matters related to the cabinet or its

programs;

2. Licensing and regulatory functions as the secretary may delegate;

3. Review of health facilities participating in transplant programs, as

determined by the secretary, for the purpose of determining any

violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963;

4. The duties, responsibilities, and authority pertaining to the certificate of

need functions and the licensure appeals functions, pursuant to KRS

Chapter 216B;

5. The notification and forwarding of any information relevant to possible

criminal violations to the appropriate prosecuting authority;

6. The oversight of the operations of the Kentucky Health Information

Exchange; and

7. The support and guidance to health care providers related to telehealth

services, including the development of policy, standards, resources, and

education to expand telehealth services across the Commonwealth;

(c) The Office of Public Affairs shall be headed by an executive director

appointed by the secretary with the approval of the Governor in accordance

with KRS 12.050. The office shall provide information to the public and news

media about the programs, services, and initiatives of the cabinet;

(d) The Office of Human Resource Management shall be headed by an executive

director appointed by the secretary with the approval of the Governor in

accordance with KRS 12.050. The office shall coordinate, oversee, and

execute all personnel, training, and management functions of the cabinet. The

office shall focus on the oversight, development, and implementation of

quality improvement services; curriculum development and delivery of

instruction to staff; the administration, management, and oversight of training

operations; health, safety, and compliance training; and equal employment

opportunity compliance functions;

(e) The Office of Finance and Budget shall be headed by an executive director

appointed by the secretary with the approval of the Governor in accordance

with KRS 12.050. The office shall provide central review and oversight of

budget, contract, and cabinet finances. The office shall provide coordination,

assistance, and support to program departments and independent review and

analysis on behalf of the secretary;

(f) The Office of Legislative and Regulatory Affairs shall be headed by an

executive director appointed by the secretary with the approval of the

Governor in accordance with KRS 12.050. The office shall provide central

review and oversight of legislation, policy, and administrative regulations.

The office shall provide coordination, assistance, and support to program

departments and independent review and analysis on behalf of the secretary;

(g) The Office of Administrative Services shall be headed by an executive

director appointed by the secretary with the approval of the Governor in

accordance with KRS 12.050. The office shall provide central review and

oversight of procurement, general accounting including grant monitoring, and

facility management. The office shall provide coordination, assistance, and

support to program departments and independent review and analysis on

behalf of the secretary;

(h) The Office of Application Technology Services shall be headed by an

executive director appointed by the secretary with the approval of the

Governor in accordance with KRS 12.050. The office shall provide

application technology services including central review and oversight. The

office shall provide coordination, assistance, and support to program

departments and independent review and analysis on behalf of the secretary;

(i) The Office of Data Analytics shall be headed by an executive director who

shall be appointed by the secretary with the approval of the Governor under

KRS 12.050 and shall identify and innovate strategic initiatives to inform

public policy initiatives and provide opportunities for improved health

outcomes for all Kentuckians though data analytics. The office shall provide

leadership in the redesign of the health care delivery system using electronic

information technology to improve patient care and reduce medical errors and

duplicative services; and

(j) The Office of Medical Cannabis shall be headed by an executive director

appointed by the Governor in accordance with KRS 12.040 and shall

implement, operate, oversee, and regulate the medicinal cannabis program.

The office shall be composed of the Division of Enforcement and Compliance

and the Division of Licensure and Access. Each division in the office shall be

headed by a director appointed by the secretary with the approval of the

Governor in accordance with KRS 12.050.

(2) Department for Medicaid Services. The Department for Medicaid Services shall

serve as the single state agency in the Commonwealth to administer Title XIX of

the Federal Social Security Act. The Department for Medicaid Services shall be

headed by a commissioner for Medicaid services, who shall be appointed by the

secretary with the approval of the Governor under KRS 12.050. The commissioner

for Medicaid services shall be a person who by experience and training in

administration and management is qualified to perform the duties of this office. The

commissioner for Medicaid services shall exercise authority over the Department

for Medicaid Services under the direction of the secretary and shall only fulfill

those responsibilities as delegated by the secretary;

(3) Department for Public Health. The Department for Public Health shall develop and

operate all programs of the cabinet that provide health services and all programs for

assessing the health status of the population for the promotion of health and the

prevention of disease, injury, disability, and premature death. This shall include but

not be limited to oversight of the Division of Women's Health and the Office for

Children with Special Health Care Needs. The duties, responsibilities, and authority

set out in KRS 200.460 to 200.490 shall be performed by the Department for Public

Health. The Department for Public Health shall advocate for the rights of children

with disabilities and, to the extent that funds are available, shall ensure the

administration of services for children with disabilities as are deemed appropriate

by this office pursuant to Title V of the Social Security Act. The Department for

Public Health may promulgate administrative regulations under KRS Chapter 13A

as may be necessary to implement and administer its responsibilities. The Office for

Children with Special Health Care Needs may be headed by an executive director

appointed by the secretary with the approval of the Governor in accordance with

KRS 12.050. The Department for Public Health shall be headed by a commissioner

for public health who shall be appointed by the secretary with the approval of the

Governor under KRS 12.050. The commissioner for public health shall be a duly

licensed physician who by experience and training in administration and

management is qualified to perform the duties of this office. The commissioner

shall advise the head of each major organizational unit enumerated in this section

on policies, plans, and programs relating to all matters of public health, including

any actions necessary to safeguard the health of the citizens of the Commonwealth.

The commissioner shall serve as chief medical officer of the Commonwealth. The

commissioner for public health shall exercise authority over the Department for

Public Health under the direction of the secretary and shall only fulfill those

responsibilities as delegated by the secretary;

(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The

Department for Behavioral Health, Developmental and Intellectual Disabilities shall

develop and administer programs for the prevention of mental illness, intellectual

disabilities, brain injury, developmental disabilities, and substance use disorders

and shall develop and administer an array of services and support for the treatment,

habilitation, and rehabilitation of persons who have a mental illness or emotional

disability, or who have an intellectual disability, brain injury, developmental

disability, or a substance use disorder. The Department for Behavioral Health,

Developmental and Intellectual Disabilities shall be headed by a commissioner for

behavioral health, developmental and intellectual disabilities who shall be

appointed by the secretary with the approval of the Governor under KRS 12.050.

The commissioner for behavioral health, developmental and intellectual disabilities

shall be by training and experience in administration and management qualified to

perform the duties of the office. The commissioner for behavioral health,

developmental and intellectual disabilities shall exercise authority over the

department under the direction of the secretary, and shall only fulfill those

responsibilities as delegated by the secretary;

(5) Department for Family Resource Centers and Volunteer Services. The Department

for Family Resource Centers and Volunteer Services shall streamline the various

responsibilities associated with the human services programs for which the cabinet

is responsible. This shall include, but not be limited to, oversight of the Division of

Family Resource and Youth Services Centers and Serve Kentucky. The Department

for Family Resource Centers and Volunteer Services shall be headed by a

commissioner who shall be appointed by the secretary with the approval of the

Governor under KRS 12.050. The commissioner for family resource centers and

volunteer services shall be by training and experience in administration and

management qualified to perform the duties of the office, shall exercise authority

over the department under the direction of the secretary, and shall only fulfill those

responsibilities as delegated by the secretary;

(6) Department for Community Based Services. The Department for Community Based

Services shall administer and be responsible for child and adult protection,

guardianship services, violence prevention resources, foster care and adoption,

permanency, and services to enhance family self-sufficiency, including child care,

social services, public assistance, and family support. The department shall be

headed by a commissioner appointed by the secretary with the approval of the

Governor in accordance with KRS 12.050; and

(7) Department for Aging and Independent Living. The Department for Aging and

Independent Living shall serve as the state unit as designated by the Administration

on Aging Services under the Older Americans Act and shall have responsibility for

administration of the federal community support services, in-home services, meals,

family and caregiver support services, elder rights and legal assistance, senior

community services employment program, the state health insurance assistance

program, state home and community based services including home care,

Alzheimer's respite services and the personal care attendant program, certifications

of assisted living facilities, and the state Council on Alzheimer's Disease and other

related disorders. The department shall also administer the Long-Term Care

Ombudsman Program and the Medicaid Home and Community Based Waivers

Participant Directed Services Option (PDS) Program. The department shall serve as

the information and assistance center for aging and disability services and

administer multiple federal grants and other state initiatives. The department shall

be headed by a commissioner appointed by the secretary with the approval of the

Governor in accordance with KRS 12.050.