reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:137 - Therapeutic systems above one (1) MeV

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.842-211.850,
				211.990(4)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human
				Resources is authorized by
				KRS
				211.844 to provide by regulation for the
				registration and licensing of the possession or use of sources of ionizing or
				electronic product radiation and the handling and disposal of radioactive
				waste. The purpose of this administrative regulation is to provide special
				requirements for the possession, use and operation of therapeutic x-ray and
				electron systems which operate at energies of one (1) MeV and above.
Section 1. Applicability. This administrative
			 regulation shall apply to therapeutic x-ray and electron systems which operate
			 at energies of one (1) MeV and above and to persons, equipment and materials
			 used in connection with the possession, use or operation of these
			 systems.
Section 2. Leakage
			 Radiation to the Patient Area.
(1) Systems
			 registered after March 2, 1977 shall meet the following requirements:
(a) For operating conditions producing
			 maximum leakages the absorbed dose in rads due to leakage radiation (including
			 electrons, x-rays and neutrons) at a point in a circular plane of radius two
			 (2) meters centered on and perpendicular to the central axis of the beam at the
			 isocenter or normal treatment distance and outside the maximum useful beam
			 shall not exceed one-tenth (0.1) percent of the maximum absorbed dose in rads
			 of the unattenuated useful beam measured at the point of intersection of the
			 central axis of the beam and the plane surface. Measurements, excluding those
			 for neutrons, shall be averaged over an area up to but not exceeding 100 square
			 centimeters at the position specified. Measurements of the portion of the
			 leakage radiation dose contributed by neutrons shall be averaged over an area
			 up to but not exceeding 200 square centimeters; and
(b) The registrant shall determine or obtain
			 from the manufacturer, for each system, the leakage radiation existing at the
			 points specified in paragraph (a) of this subsection for specified operating
			 conditions. Records of radiation leakage shall be maintained at the
			 installation.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:140 - Veterinarians

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.842-211.852,
				211.990(4)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human
				Resources is authorized by
				KRS
				211.844 to provide by administrative
				regulation for the registration and licensing of the possession or use of
				sources of ionizing or electronic product radiation and the handling and
				disposal of radioactive waste. The purpose of this administrative regulation is
				to provide special requirements for the possession, use, and operation of
				radiographic x-ray systems for veterinary medicine purposes.
Section 1. Applicability. This administrative
			 regulation shall apply to radiographic x-ray systems for veterinary medicine
			 and to persons, equipment, and materials used in connection with the
			 possession, use or operation of these systems.
Section 2. Equipment. Veterinary radiographic
			 x-ray systems shall meet the following requirements:
(1) The protective tube housing assembly
			 shall be of the diagnostic type;
(2) The primary beam shall be restricted by
			 cones, shutters, diaphragms, or adjustable collimators. No dimension of the
			 x-ray field, measured in the plane of the image receptor, shall exceed the
			 corresponding dimension of the image receptor by more than two (2) percent of
			 the source to image receptor distance (SID) measured if the plane of the image
			 receptor is perpendicular to the primary ray of the x-ray field. This paragraph
			 shall not be construed to require enlarging the x-ray field size if the x-ray
			 field size is less than the size of the image receptor.
(3) A means shall be provided to align the
			 center of the x-ray field with the center of the image receptor to within two
			 (2) percent of the source to image receptor distance;
(4) A device shall be provided to terminate
			 the exposure after a preset time or exposure; and
(5) A dead man type of exposure switch shall
			 be provided, together with an electrical cord of sufficient length, so that the
			 operator can conveniently stand at least one and eight-tenths (1.8) meters from
			 the tube housing assembly, the animal, and the useful beam during x-ray
			 exposures if the exposure to the operator is within the limits provided by 902
			 KAR 100:020, Section 20.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:142 - Licenses and radiation safety requirements for well logging

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.005(1),
				211.180(1),
				211.842-211.852,
				211.990(4),
				10 C.F.R. Part 39,
				42 U.S.C.
				2021
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.844 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations for the registration
				and licensing of the possession or use of sources of ionizing or electronic
				product radiation and the handling and disposal of radioactive waste. This
				administrative regulation provides the requirements for the issuance of a
				license authorizing the use of licensed materials including sealed sources,
				radioactive tracers, radioactive markers, and uranium sinker bars in well
				logging in a single well..
Section 1.
			 Definitions.
(1) "Agreement state" means a
			 state with which the United States Nuclear Regulatory Commission (NRC) or the
			 United States Atomic Energy Commission has entered into an effective agreement
			 under subsection 274 b. of the Atomic Energy Act of 1954, as amended
			 (42 U.S.C.
			 2021(b) et seq.).
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(3) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
			 pursuant to
			 902 KAR
			 100:040 and this administrative regulation;
(b) A specific license issued by the U.S.
			 Nuclear Regulatory Commission or an agreement state; or
(c) A general license pursuant to
			 902 KAR 100:050
			 or equivalent regulations of the U.S. Nuclear Regulatory Commission or an
			 agreement state.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:160 - Plan review

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.842-211.852,
				211.990(4)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human
				Resources is authorized by
				KRS
				211.844 to provide by administrative
				regulation for the registration and licensing of the possession or use of
				sources of ionizing or electronic product radiation and to regulate the
				handling and disposal of radioactive waste. The purpose of this administrative
				regulation is to provide requirements for the review by the cabinet of
				radiation producing machine installation, construction and modification
				plans.
Section 1. Applicability. This
			 administrative regulation shall apply to persons who construct or modify
			 radiation producing machine installations.
Section 2. Plan Review. Prior to construction
			 or modification of an x-ray facility, the plans and specifications for
			 construction or modification shall be evaluated by a qualified expert. A report
			 of his evaluation shall be submitted to the cabinet for review and approval.
			 This evaluation report shall become a part of the registrant's permanent record
			 with the cabinet. The plans shall show, as a minimum, the following:
(1) The normal location of the radiation-
			 producing equipment's radiation port; the port's travel and traverse limits;
			 general direction(s) of the radiation beam; locations of any windows and doors;
			 the location of the operator's booth; and the location of the equipment's
			 control console.
(2) Structural
			 composition and thickness or lead equivalent of walls, doors, partitions,
			 floor, and ceiling of the room(s) concerned.
(3) The dimensions of the room(s)
			 concerned.
(4) The type of
			 occupancy of adjacent areas inclusive of space above and below the room(s)
			 concerned. If there is an exterior wall, the distance to the closest area(s)
			 where it is likely that individuals may be present.
(5) The make and model of the radiation-
			 producing equipment including the maximum energy output.
(6) The type of examination(s) or
			 treatment(s) to be performed with the equipment (e.g., dental, orthodontal,
			 chest, gastrointestinal, fluoroscopic, podiatry, fixed therapy, rotational
			 therapy, or other).
(7) Information
			 on the anticipated workload.
(8)
			 The facility preregistration or registration number.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:165 - Notices, reports, and instructions to employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.842 - 211.852, 211.990(4), 10 C.F.R. Part
				19
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.844 requires the Cabinet for Health and
				Family Services to provide by administrative regulation for the registration
				and licensing of the possession or use of sources of ionizing or electronic
				product radiation and the handling and disposal of radioactive waste. This
				administrative regulation establishes notices, instructions, and reports for
				the protection of workers who may be exposed to radiation in their
				employment.
Section 1. Posting of
			 Notices to Workers.
(1) A licensee or
			 registrant shall post current copies of the following documents relating to
			 standards for protection against radiation:
(a)
1. This
			 administrative regulation;
2.
											902 KAR 100:019, as applicable
			 for users other than radioactive materials users; and
3.
											902 KAR 100:185 as applicable for
			 radioactive material users;
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:170 - Proceedings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 211.842-211.852,
				211.990(4)
NECESSITY, FUNCTION, AND CONFORMITY: Executive Order 96-862,
				effective July 2, 1996, reorganizes the Cabinet for Human Resources and places
				the Department for Public Health and its programs under the Cabinet for Health
				Services. The Cabinet for Health Services is authorized by
				KRS
				211.844 to provide by administrative
				regulation for the registration and licensing of the possession or use of
				sources of ionizing or electronic product radiation and the handling and
				disposal of radioactive waste. The purpose of this administrative regulation is
				to provide for the conduct of proceedings before the cabinet involving the
				possession, use, and transfer of radioactive materials and radiation producing
				machines.
Section 1. Applicability.
			 The provisions of this administrative regulation shall apply to administrative
			 proceedings involving the use, possession or transfer of radioactive materials
			 or radiation producing machines within Kentucky.
Section 2. Administrative Examination of
			 License Applications. Applications for the issuance of a license, amendment of
			 a license at the request of the holder, transfer of a license and renewal of a
			 license shall be reviewed by the cabinet. The applicant may be required to
			 submit additional information and may be requested to confer informally
			 regarding the application. The cabinet shall give to others notice of the
			 filing of applications as is required under the applicable provisions of these
			 administrative regulations and additional notices as it deems
			 appropriate.
Section 3. Action on
			 License Applications, Hearings.
(1) The
			 cabinet shall, upon request of the applicant or intervenor, and may upon its
			 own initiative, direct the holding of a formal hearing prior to taking action
			 on the application. If no prior formal hearing has been held and no notice of
			 proposed action has been served as provided in subsection (2) of this section,
			 the cabinet shall direct the holding of a formal hearing upon receipt of a
			 request therefor from the applicant or intervenor within thirty (30) days after
			 the issuance of a license or other approval or a notice of denial.
(2) In cases it deems appropriate, the
			 cabinet may cause to be served upon the applicant a notice of proposed action
			 upon his application and shall cause copies thereof to be serviced upon
			 intervenors or others entitled to or requesting notification. The notice shall
			 state the terms of the proposed action. If a formal hearing has not been held
			 prior to the issuance of the notice, the cabinet shall direct the holding of a
			 formal hearing upon the request of the applicant or an intervenor received
			 within fifteen (15) days following the service of the notice.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:180 - Technologically Enhanced Naturally Occurring Radioactive Material related to oil and gas development

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189.150, 211.842-211.990,
				216B.050(22),
				Chapters 224 and 353, 40 C.F.R. Parts 144 - 147, 42 U.S.C. 1421 -
				1443
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to protect, develop, and maintain the
				health, personal dignity, integrity, and sufficiency of Kentucky citizens and
				to operate programs and fulfill the responsibilities vested in the cabinet.
				KRS
				211.893(2) authorizes the
				cabinet to exercise its regulatory authority to ensure the proper management of
				oil- and gas-related wastes containing technologically enhanced naturally
				occurring radioactive material (TENORM). This administrative regulation
				establishes radiation protection standards for the possession, use, transport,
				transfer, and disposal of TENORM related to oil and gas development.
Section 1. Definitions.
(1) "Activity concentration" means the rate
			 of disintegration (transformation) or decay of radioactive material per unit of
			 dry mass.
(2) "Oil and gas
			 development":
(a) Means the drilling,
			 operation, and closure of a well permitted and regulated pursuant to KRS
			 Chapter 353, including:
1. A stratigraphic
			 test well;
2. An oil or gas
			 production well;
3. A well drilled
			 or used for enhanced recovery or for disposal of oil or gas-related wastes;
			 or
4. A related production and
			 storage facility; and
(b) Includes gathering lines, but does not
			 include subsequent transmission or processing of produced oil or gas not
			 permitted or regulated pursuant to KRS Chapter 353.
(3) "Technologically Enhanced Naturally
			 Occurring Radioactive Material" or "TENORM" is defined by
			 KRS
			 211.862(13).
(4) "Well operator" is defined by
			 KRS
			 353.010(20).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:185 - Standards for protection against radiation from radioactive materials

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.005(1),
				211.180(1),
				211.842-211.852,
				211.990(4),
				216B.015(22),
				10 C.F.R. Part 20, 42 U.S.C.
				2021(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate, administrative regulations necessary to implement
				programs mandated by federal law, to qualify for the receipt of federal funds,
				and to cooperate with other state and federal agencies.
				KRS
				211.844(1) requires cabinet
				to provide by administrative regulation for the licensing of the possession or
				use of sources of ionizing and the handling and disposal of radioactive waste.
				This administrative regulation establishes the standards for protection of the
				user and general public against radiation exposure, the standards for
				protection against ionizing radiation resulting from activities conducted by
				persons issued licenses or registrations by the cabinet, and the standards to
				control the receipt, possession, use, transfer, and disposal of sources of
				radiation by a person, or licensee.
Section
			 1. Definitions.
(1) "Agreement
			 state" means a state with which the United States Nuclear Regulatory Commission
			 (NRC) or the United States Atomic Energy Commission has entered into an
			 effective agreement under subsection 274 b. of the Atomic Energy Act of 1954,
			 as amended (42 U.S.C.
			 2021(b) et seq.).
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(3) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
			 pursuant to
			 902 KAR 100:040 and this
			 administrative regulation;
(b) A
			 specific license issued by the U.S. Nuclear Regulatory Commission or an
			 agreement state; or
(c) A general
			 license pursuant to
			 902 KAR 100:050 or equivalent
			 regulations of the U.S. Nuclear Regulatory Commission or an agreement
			 state.
(4) "Person" is
			 defined by KRS
			 216B.015(22).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:195 - Licensing of special nuclear material

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.005(1),
				211.180(1),
				211.842-211.852,
				211.990(4), 10
				C.F.R. Part 70, 42 U.S.C.
				2021(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.844(1) requires the
				Cabinet for Health and Family Services to provide by administrative regulation
				for the registration and licensing of the possession or use of sources of
				ionizing or electronic product radiation and the handling and disposal of
				radioactive waste. This administrative regulation establishes procedures,
				criteria, terms, and conditions upon which the cabinet issues licenses for
				special nuclear material.
Section 1.
			 Definitions.
(1) "Agreement state" means a
			 state that the United States Nuclear Regulatory Commission (NRC) or the United
			 States Atomic Energy Commission has entered into an effective agreement under
			 subsection 274 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C.
			 2021(b) et seq.).
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(3) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
			 pursuant to
			 902 KAR 100:040 and this
			 administrative regulation;
(b) A
			 specific license issued by the U.S. Nuclear Regulatory Commission or an
			 agreement state; or
(c) A general
			 license pursuant to
			 902 KAR 100:050 or equivalent
			 regulations of the U.S. Nuclear Regulatory Commission or an agreement
			 state.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 100 - Radiology › Section 902 KAR 100:200 - Licenses and radiation safety requirements for irradiators

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.005(1),
				211.180(1),
				211.842-211.852,
				211.990(4), 10
				C.F.R. Part 36, 42 U.S.C.
				2021(b)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.844(1) requires the
				cabinet to provide by administrative regulation for the registration and
				licensing of the possession or use of sources of ionizing or electronic product
				radiation and the handling and disposal of radioactive waste. This
				administrative regulation establishes procedures, criteria, terms, and
				conditions upon which the cabinet issues licenses for special nuclear
				material.
Section 1. Definitions.
(1) "Agreement state" means a state that the
			 United States Nuclear Regulatory Commission (NRC) or the United States Atomic
			 Energy Commission has entered into an effective agreement under subsection 274
			 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C.
			 2021(b) et seq.)
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1)
(3) "Licensee" means a person who holds:
(a) A specific license issued by the cabinet
			 pursuant to
			 902 KAR 100:040 and this
			 administrative regulation;
(b) A
			 specific license issued by the U.S. Nuclear Regulatory Commission or an
			 agreement state; or
(c) A general
			 license pursuant to
			 902 KAR 100:050 or equivalent
			 regulations of the U.S. Nuclear Regulatory Commission or an agreement
			 state.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 115 - Water Fluoridation › Section 902 KAR 115:010 - Water fluoridation for the protection of dental health

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 211
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.190(11) requires the
				Cabinet for Health and Family Services to provide public health services that
				include water fluoridation programs for the protection of dental health. This
				administrative regulation establishes the requirements for the programs.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(2) "Consecutive supply" means a supply that
			 purchases its water from another water system.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 115 - Water Fluoridation › Section 902 KAR 115:020 - Enforcement of Water Fluoridation Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.190(11)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194.050(1) and
				211.090(3)
				authorize the cabinet to promulgate administrative regulations to protect the
				health and welfare of the citizens. This administrative regulation establishes
				the procedures for the enforcement of the Cabinet for Health Services Water
				Fluoridation Programs as directed by
				KRS
				211.190(11). Executive Order
				96-862, effective July 2, 1996, reorganizes the Cabinet for Human Resources and
				places the Department for Public Health and the Dental Health Program under the
				Cabinet for Health Services.
Section
			 1. Notice of Violation.
(1) If
			 the Cabinet for Health Services has reasonable grounds to believe that a
			 violation of
			 902
			 KAR 115:010 has occurred, it shall serve the alleged
			 violator with a "Notice of Violation" (DH-36).
(2) The "Notice of Violation" shall state:
(a) The violation;
(b) Measures required to be taken to correct
			 the violation;
(c) The date by
			 which the corrective measures shall be completed;
(d) That the alleged violator has the right
			 to request a hearing which shall be conducted in accordance with
			 902 KAR
			 1:400; and
(e) That the alleged violator may file an
			 appeal in accordance with
			 902 KAR
			 1:400.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:040 - Blood establishment inspection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216B.010-216B.055, 333.120, 21 C.F.R. Chapter
				1, Part 601
NECESSITY, FUNCTION, AND CONFORMITY: KRS 214.452 mandates that
				the Cabinet for Health Services promulgate administrative regulations to
				establish fees for the cost of regular inspections of all blood establishments
				to determine their compliance with KRS 214.450 to 214.464 and 214.468. KRS 214.452(1) requires blood establishments to be licensed by the United States
				Food and Drug Administration. Federal regulation  21 CFR Chapter 1, Part 601 ,
				does not require Kentucky to conduct the federal inspection required for
				licensure. This administrative regulation does not conflict with those federal
				requirements because its purpose is to establish fees for the cost of
				inspections necessary to determine compliance with KRS 214.450 to 214.464 and
				214.468. Executive Order 96-862, effective July 2, 1996, reorganizes the
				Cabinet for Human Resources and places the Office of Inspector General and its
				Programs under the Cabinet for Health Services.
Section 1. Definitions. "Blood establishment"
			 is defined in KRS 214.450(2).
Section
			 2. Annual Inspection. The Office of Inspector General shall
			 conduct an annual inspection of all blood establishments to determine their
			 compliance with KRS 214.450 to 214.464 and 214.468.
Section 3. Fees for Inspections. For
			 inspections conducted by the Office of Inspector General to determine
			 compliance with KRS 214.450 to 214.464 and 214.468, blood establishments shall
			 pay an annual inspection fee in the amount of $100.
Section 4. Payment of Fees. The annual
			 inspection fee shall be due and payable on January 1, 1997, and on January 1 of
			 each succeeding year thereafter. A check for the amount of the fee shall be
			 made payable to the Kentucky State Treasurer and sent to the Division of
			 Licensing and Regulation, Office of Inspector General, Cabinet for Health
			 Services, 275 East Main Street, Frankfort, Kentucky 40621.
Section 5. Enforcement Notification. If the
			 Office of Inspector General (OIG) ascertains that a blood establishment is not
			 meeting the requirements of this administrative regulation, the OIG shall
			 inform the Office of the Attorney General of a potential violation of KRS 214.452 to 214.464.
STATUTORY AUTHORITY: KRS 214.020, 214.450-214.464, 214.468,
				  214.990(7), EO 96-862
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:110 - Critical access hospital services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.639(3),
				211.842-211.852,
				216.378,
				216.379,
				216.380,
				216B.015(6),
				216B.040(1)(c),
				(2)(b),
				216B.105,
				216B.153,
				216B.165,
				216B.990, Chapter 311, 315.035,
				333.030, 42 C.F.R.
				485.601-42 C.F.R. 485.647,
				45 C.F.R. Part 160, Part
				164,
				42 U.S.C.
				1320d-2-1320 d-8,
				42 U.S.C.
				1395i-4(c)(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216.380(14) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to implement a program for the licensure of critical access
				hospitals. KRS
				216B.042(1)(a) and (c)
				require the cabinet to promulgate administrative regulations necessary for the
				proper administration of the licensure function and to establish licensure
				standards and procedures to ensure safe, adequate, and efficient health
				facilities and health services. This administrative regulation establishes
				quality of care and licensure standards for critical access hospitals.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(2) "Licensee" means the entity that has been
			 issued and holds a valid critical access hospital license from the
			 cabinet.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:120 - Informal dispute resolution

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:  42 C.F.R. 488.301, 488.331
NECESSITY, FUNCTION, AND CONFORMITY:  42 C.F.R. 488.331  requires
				the cabinet to establish an informal dispute resolution process to be used by a
				provider to informally dispute a finding of deficiency at a nursing facility or
				skilled nursing facility. This administrative regulation establishes the
				informal dispute resolution process and expands the process to all long-term
				care facilities.
Section 1.
			 Definitions.
(1) "CMS" means the Centers for
			 Medicare and Medicaid Services.
(2)
			 "Deficiency" means a failure to meet either a state licensure requirement or a
			 federal requirement for participation in the Medicare or Medicaid
			 Program.
(3) "Enforcement action"
			 means a remedy applied to effect prompt compliance by a provider with program
			 requirements.
(4) "IDR" means
			 informal dispute resolution.
(5)
			 "IDR coordinator" means a CMS-certified surveyor employed by the Office of
			 Inspector General, Division of Long-term Care, designated by the Director of
			 the Division of Long-term Care to serve as the IDR coordinator.
(6) "Immediate jeopardy" is defined in  42 C.F.R. 488.301.
(7) "Inspector
			 general" means the inspector general or his designee.
(8) "Plan of correction" means a description
			 of actions by a provider to correct a deficiency.
(9) "Provider" means a "long-term care
			 facility" as defined in KRS 216.510.
(10) "Scope and severity assessment" means
			 the letter designation assigned to a federal deficiency to represent the level
			 of:
(a) Actual or potential impact to resident
			 outcome; and
(b) Number of
			 residents affected.
(11)
			 "Statement of deficiencies" means the written notification to the provider
			 describing how the provider fails to meet regulatory requirements.
(12) "Substandard quality of care" is defined
			 in  42 C.F.R. 488.301.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:140 - Validation and complaint investigation procedures for deemed hospitals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216.2925, 216.530, 216B.010, 216B.015,
				216B.040, 216B.042, 216B.045-216B.055, 216B.075, 216B.105-216B.131,
				216B.990
NECESSITY, FUNCTION AND CONFORMITY: KRS 216B.185 requires that
				the cabinet promulgate the necessary administrative regulations to implement
				the licensing validation process for hospitals deemed in compliance with
				licensure requirements. This administrative regulation implements the licensing
				validation process and establishes a procedure for investigating complaints at
				deemed hospitals.
Section 1.
			 Definitions.
(1) "CMS" means the Centers for
			 Medicare and Medicaid Services.
(2)
			 "Deemed hospital" means a hospital that is deemed to be in compliance with
			 licensure requirements pursuant to the provisions of KRS 216B.185.
(3) "Inspecting agency" means the Cabinet for
			 Health Services, Office of the Inspector General.
(4) "State licensure standard" means an
			 individual requirement contained within the operations and services regulation
			 of a deemed hospital.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:170 - Administrative subpoenas

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 194A.025, 194A.030, 205.8453
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) directs
				the Secretary of the Cabinet for Health and Family Services to promulgate,
				administer, and enforce administrative regulations relating to the operation of
				programs within the cabinet. KRS 194A.030(1) provides that the Office of the
				Inspector General shall be responsible for 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. KRS 205.8453(4) allows the Cabinet for Health
				and Family Services to institute necessary or useful measures in controlling
				fraud and abuse. KRS 205.170(1) allows the Secretary of the Cabinet for Health
				and Family Services or the Secretary's authorized representative to issue
				subpoenas to compel the attendance of witnesses and production of books,
				papers, correspondence, memoranda and other records considered necessary and
				relevant as evidence in connection with the administration of the cabinet. This
				administrative regulation provides for the delegation of the Secretary's
				subpoena power to the Inspector General and prescribes the conditions of that
				delegation of power. The Inspector General may issue subpoenas to compel the
				production of documents, records, or other physical evidence relevant to
				reviews, audits, or investigations conducted by the Office of Inspector
				General.
Section 1. Definitions.
(1) "Documents" means information in any form
			 or format that is relevant to a review, audit, or investigation conducted by
			 the Office of Inspector General and may include:
(a) Medical records;
(b) Written documents;
(c) Computer files;
(d) Photographs;
(e) Audio and video recordings;
(f) Employment or wage data;
(g) Pension payment or insurance payment
			 data;
(h)Account information from
			 financial institutions; or
(i)
			 Applications or other documents that establish eligibility for public
			 assistance programs.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:190 - Kentucky National Background Check Program (NBCP)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 209.020, Chapter 216B,  42 U.S.C. 1320a-7I,  34 U.S.C. 40102, 40104
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
				the secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.  42 U.S.C. 1320a-7I  directs the
				secretary of the United States Department of Health and Human Services to
				establish a program to identify efficient, effective, and economical procedures
				for long-term care facilities or providers to conduct background checks on
				prospective direct patient access employees on a nationwide basis. The Cabinet
				for Health and Family Services, Office of Inspector General, is charged with
				responsibility to oversee and coordinate Kentucky's fingerprint-supported NBCP
				initiative. This administrative regulation establishes procedures for the
				implementation of Kentucky's NBCP as a voluntary program. The conditions set
				forth in this administrative regulation for voluntary KARES system participants
				are in addition to the name-based, state only background check requirements of
				KRS 216.533, 216.712(2), 216.787, and 216.789.
Section 1. Definitions.
(1) "Applicant" means an individual who:
(a) Applies for employment with an employer
			 identified in subsection (6) of this section; or
(b) Is subject to background screening by a
			 professional licensing board that enrolls contingent upon approval by the
			 Federal Bureau of Investigation and Department of Kentucky State Police in the
			 Kentucky NBCP.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:200 - Use of Civil Money Penalty Funds collected from certified Long-term Care facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 194A.050(1),  42 C.F.R. 488.433
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
				the Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.  42 U.S.C. 1395i-3(h)(2)(B)(ii)(IV)(ff) and 42 U.S.C. 1396r(h)(3)(C)(ii)(IV)(ff)  pertain
				to the collection and use of civil money penalties (CMP) imposed by the Centers
				for Medicare and Medicaid Services (CMS) on certified long-term care facilities
				(serving Medicare and Medicaid beneficiaries) that do not comply with
				applicable federal health and safety laws and regulations. Except for temporary
				use in the case of sudden nursing facility relocations, natural disasters, or
				similar emergencies, states are required to obtain prior approval from CMS for
				any new project, new grantee, or new use of federally imposed CMP funds. Upon
				approval by CMS, states may direct collected CMP funds to a variety of
				organizations if the funds are used in accordance with  42 U.S.C. 1395i-3(h)(2)(B)(ii)(IV)(ff) and 42 U.S.C. 1396r(h)(3)(C)(ii)(IV)(ff). This
				administrative regulation establishes a competitive grant program to provide
				funding to organizations which offer programs or services approved by CMS for
				the use of CMP funds, thereby establishing the CMP Fund Grant Program.
Section 1. Definitions.
(1) "Cabinet" means the Cabinet for Health
			 and Family Services.
(2) "CMP"
			 means civil money penalties imposed by CMS on certified long-term care
			 facilities (serving Medicare and Medicaid beneficiaries) that do not comply
			 with applicable federal health and safety laws and regulations.
(3) "CMS" means the Centers for Medicare and
			 Medicaid Services.
(4) "Funding"
			 means a grant from collected CMP funds distributed by the cabinet upon approval
			 by CMS.
Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:210 - Health care services agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216.718 - 216.728, 216.785 - 216.793
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216.720(2) requires
				the cabinet to promulgate administrative regulations in accordance with KRS
				Chapter 13A to establish the application process for registration of health
				care services agencies. KRS 216.728(2) requires the cabinet to promulgate
				administrative regulations in accordance with KRS Chapter 13A to establish
				requirements for health care services agencies to submit quarterly reports.
				This administrative regulation establishes requirements for health care
				services agency registration and quarterly reporting.
Section 1. Definitions.
(1) "Assisted-living community" is defined by
			 KRS 216.718(1).
(2) "Cabinet" is
			 defined by KRS 216.718(2).
(3)
			 "Controlling person" is defined by KRS 216.718(3).
(4) "Direct care service" is defined by KRS 216.718(4).
(5) "Permanent direct
			 care staff" is defined by KRS 216.718(8).
(6) "Health care services agency" is defined
			 by KRS 216.718(5).
(7) "Hospital"
			 is defined by KRS 216.718(6).
(8)
			 "Long-term care facilities" is defined by KRS 216.718(7).
(9) "Temporary direct care staff" is defined
			 by KRS 216.718(9).
Kentucky Administrative Regulations › Title 907 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR MEDICAID SERVICES › Chapter 1 - Medicaid Services › Section 907 KAR 1:005 - Nonduplication of payments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.624,
				205.6312,
				42 U.S.C.
				1396a, 42 U.S.C. 1396k, 42 C.F.R. Parts 431,
				433, 447
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services, Department for Medicaid Services, has responsibility to
				administer the Medicaid program.
				KRS
				205.520(3) empowers the
				cabinet, by administrative regulation, to comply with any requirement that may
				be imposed, or opportunity presented, by federal law for the provision of
				medical assistance to Kentucky's indigent citizenry. This administrative
				regulation establishes the Medicaid program policies relating to nonduplication
				of payment and treatment of third-party liability.
Section 1. Nonduplication of Payment.
(1) In accordance with
			 42 C.F.R.
			 447.15, a payment to a provider for a service
			 provided to a recipient shall be payment in full to the provider for the
			 service.
(2)
(a) A provider shall not seek payment from a
			 recipient for a covered service provided to the recipient.
(b) A recipient shall not be financially
			 liable to a provider for a covered service provided by the provider to the
			 recipient.
Kentucky Administrative Regulations › Title 907 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR MEDICAID SERVICES › Chapter 1 - Medicaid Services › Section 907 KAR 1:006 - Coverage of and payment for services for persons eligible for benefits under both Title XIX and Title XVIII

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.520,
				42 U.S.C.
				1396a,
				1396a(n)
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health Services and placed the
				Department for Medicaid Services and the Medicaid Program under the Cabinet for
				Health and Family Services. The Cabinet for Health and Family Services,
				Department for Medicaid Services has responsibility to administer the Medicaid
				Program in accordance with Title XIX of the Social Security Act.
				KRS
				205.520(3) authorizes the
				cabinet, by administrative regulation, to comply with any requirement that may
				be imposed or opportunity presented by federal law for the provision of medical
				assistance to Kentucky's indigent citizenry. This administrative regulation
				establishes the provisions for coverage of and payment for services for
				categorically needy and medically needy individuals eligible for benefits under
				both Title XIX (42 U.S.C.
				1396 to
				1396v)
				and Title XVIII (42 U.S.C.
				1395 to
				1395gg
				g).
Section 1. Definitions.
(1) "Coinsurance" means that portion of each
			 bill a Medicare-eligible person pays for a covered benefit, including
			 copayments.
(2) "Deductible" means
			 an amount paid by a Medicare-eligible person before Medicare begins paying its
			 portion of a medical bill.
(3)
			 "Department" means the Department for Medicaid Services or its
			 designee.
(4) "Medicare Part A"
			 means federal health insurance that covers:
(a) Inpatient hospital or skilled nursing
			 facility services, including blood;
(b) Hospice services; and
(c) Home health services.
(5) "Medicare Part B" means
			 federal health insurance that covers:
(a)
			 Physician services;
(b) Outpatient
			 hospital services;
(c) Durable
			 medical equipment; and
(d) Other
			 services not covered under Medicare Part A.
(6) "Premium" means a monthly amount paid for
			 coverage of Medicare Part A or Part B.
(7) "Qualified disabled and working
			 individual" or "QDWI" means an individual who meets the requirements in
			 42
			 U.S.C. 1396d(s).
(8) "Qualified individual one" or "QI-1"
			 means an individual who meets the requirements in
			 42 U.S.C.
			 1396a(a)(10)(E)(iv)(II).
(9) "Qualified Medicare beneficiary" or "QMB"
			 means an individual who meets the requirements in
			 42
			 U.S.C.
			 1396d(p)(1).
(10) "Specified low-income Medicare
			 beneficiary" or "SLMB" means an individual who meets the requirements in
			 42 U.S.C.
			 1396a(a)(10)(E)(iii).
Kentucky Administrative Regulations › Title 907 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR MEDICAID SERVICES › Chapter 1 - Medicaid Services › Section 907 KAR 1:008 - Ambulatory surgical center services and reimbursement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.520(3),
				205.560(2),
				42 C.F.R.
				416.164,
				416.166,
				416.172,
				416.173, Part
				441 Subpart E, F, 447.271
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and
				Family Services has responsibility to administer the Medicaid Program pursuant
				to KRS
				194A.030(2).
				KRS
				205.520(3) authorizes the
				cabinet, by administrative regulation, to comply with a requirement that may be
				imposed or opportunity presented by federal law for the provision of medical
				assistance to Kentucky's indigent citizenry. This administrative regulation
				establishes the coverage provisions and method for establishing payment for an
				ambulatory surgical center.
Section 1.
			 Scope of Coverage. The Medicaid Program shall cover medically necessary,
			 medically appropriate services rendered by a participating ambulatory surgical
			 center (ASC) licensed by its respective state and certified for Medicare
			 participation.
Section 2. Basis for
			 Reimbursement.
(1) Beginning with the
			 effective date of this administrative regulation, the Department for Medicaid
			 Services shall determine the ASC rates by:
(a)
			 Utilizing the most recent January 1 ASC Fee Schedule as published by the
			 Centers for Medicare and Medicaid Services (CMS) at
https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/ASCPayment/11_Addenda_Updates.html
in accordance with 42 C.F.R.
			 416.173; and
(b) Adjusting them as follows:
1. Reimbursement for a procedure shall be the
			 rate specific to that procedure as assigned by CMS, adjusted by the wage index
			 utilized by CMS for the Cincinnati, OH, Core-Based Statistical Area, or its
			 equivalent, in accordance with
			 42 C.F.R.
			 416.172(c).
2. Procedure codes that are considered a
			 packaged service by CMS with a Medicare rate of $0 shall be reimbursed at a
			 rate of $0.
3. Medicaid covered
			 procedures not included on the Medicare fee schedule shall be reimbursed at
			 forty-five (45) percent of billed charges.
4. Bilateral procedures shall be reimbursed
			 at one hundred and fifty (150) percent of the rate established in subparagraphs
			 1 and 2 of this paragraph.
5.
a. Reimbursement shall follow applicable
			 Medicare rules for multiple endoscopy discounting and multiple procedure
			 discounting as established in:
(i) 42 C.F.R.
			 Part 416 ; and
(ii) The Medicare
			 Claims Processing Manual, Chapter 14, as published by the Centers for Medicare
			 and Medicaid Services (CMS) at
https://www.cms.gov/Regulations-and-Guidance/Guidance/Manuals/Internet-Only-Manuals-IOMs
in accordance with 42 C.F.R.
			 416.173.
b. If both discounts apply to a single claim,
			 the multiple endoscopy discount shall be applied first.