reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:300 - Emergency child care approval

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 199.011(3),
				(4),
				199.894,
				199.895,
				199.896(2),
				42
				U.S.C. 5122,
				42 U.S.C.
				9858c(c)(2)(U)
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.
				KRS
				199.896(2) authorizes the
				Cabinet for Health and Family Services to promulgate administrative regulations
				to establish license fees and standards for a child-care center.
				45 C.F.R.
				98.16(aa) requires a state
				to demonstrate how it will address the needs of children during a state of
				emergency. This administrative regulation establishes approval standards and
				requirements for emergency child care.
Section
			 1. Definitions.
(1) "Applicant"
			 means an individual or entity applying to become an Emergency Child Care (ECC)
			 program.
(2) "Cabinet" is defined
			 by
			 KRS
			 199.011(3) and
			 199.894(1).
(3) "Child" is defined by
			 KRS
			 199.011(4).
(4) "Child care" means care of a child in a
			 center or home that regularly provides full or part-time care, day or night,
			 and includes developmentally appropriate play and learning
			 activities.
(5) "Child-care center"
			 is defined by
			 KRS
			 199.894(3).
(6) "Emergency Child Care" or "ECC" means a
			 child-care program temporarily established as a result of a localized emergency
			 or declared state of emergency.
(7)
			 "Family child-care home" is defined by
			 KRS
			 199.894(5).
(8) "Infant" means a child who is less than
			 twelve (12) months of age.
(9)
			 "Premises" means the building and contiguous property in which emergency child
			 care is provided.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:020 - Batterer intervention provider certification standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 202A.011(12)(d), 202A.400,
				209.030, Chapter 209A, 222.005, 309.080-309.089, 309.130-309.1399, Chapters
				311, 319, 335.080, 335.100, 335.300-335.399, 335.500-335.599, 403.715-403.785,
				421.570, Chapters 456, 506, 507, 507A, 508, 509, 510, 511.020-511.040, 511.085,
				512.020, Chapters 513, 515, 517.050, Chapter 529, 530.020, 530.060, 530.064,
				530.065, 530.070, 531.030, 531.040, 531.300-531.370, 620.030, and 45 C.F.R.
				Part 46
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				403.7505 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations establishing
				certification standards for mental health professionals providing court-ordered
				treatment services for domestic violence offenders. This administrative
				regulation establishes certification requirements, standards for services, and
				reporting requirements for a domestic and dating violence and abuse batterer
				intervention provider.
Section 1.
			 Definitions.
(1) "Appellant" means an
			 applicant or a provider who requests:
(a) An
			 informal resolution meeting in accordance with Section 13 of this
			 administrative regulation; or
(b)
			 An administrative hearing in accordance with Section 14 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:040 - Standards for state-funded domestic violence shelters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 45.313,
				61.870-61.884,
				194A.060,
				194A.550,
				198B.050,
				205.455(4),
				209.020(2),
				209.030(2),
				(7),
				209.140,
				Chapter 209A, 211.350-211.380, 403.720(1), 620.050, 45 C.F.R. 74, 92,
				42 U.S.C.
				10401-10420
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary under applicable state laws to protect,
				develop, and maintain the health, personal dignity, integrity, and sufficiency
				of the individual citizens of the commonwealth.
				KRS
				209.030(1) authorizes the
				secretary to promulgate administrative regulations to effect the purposes of
				KRS Chapter 209 governing protective services to adults.
				KRS
				209A.045(2) requires the
				cabinet to designate one (1) nonprofit corporation in each area development
				district to serve as the primary service provider and regional planning
				authority for domestic violence shelter, crisis, and advocacy services in the
				district in which the designated provider is located. This administrative
				regulation establishes performance standards for qualifying applicants for
				state funds related to domestic violence shelters.
Section 1. Definitions.
(1) "Agency" means a private or public
			 nonprofit incorporated organization, or organization in the process of
			 obtaining nonprofit status:
(a) That has the
			 capacity to provide domestic violence shelter and related services to a client;
			 and
(b) With whom the cabinet or
			 its designee contracts for services.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:050 - Funding requirements for domestic violence shelters

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.455(4),
				209.020(2),
				209.030(9),
				209.160(1),
				(2), 209A.010-080, 45 C.F.R. 74, 92
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to formulate all
				administrative regulations necessary under applicable state laws to protect,
				develop, and maintain the health, personal dignity, integrity, and sufficiency
				of the individual citizens of the commonwealth and necessary to operate the
				programs and fulfill the responsibilities vested in the cabinet.
				KRS
				209.030(1) and
				209A.030(1)
				authorize the cabinet to promulgate administrative regulations to effect the
				purposes of KRS Chapters 209, governing protective services to adults, and
				209A, governing the protective services to victims of domestic violence. This
				administrative regulation establishes the requirements necessary for domestic
				violence shelters to receive funding.
Section
			 1. Definitions.
(1) "Agency"
			 means a private or public nonprofit incorporated organization, or organization
			 in the process of obtaining nonprofit status:
(a) That has the capacity to provide domestic
			 violence shelter and related services to a client; and
(b) With whom the cabinet or its designee
			 contracts for services.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:070 - Adult protective services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 61.872, 194A.010, 202A.051,
				202B.100, Chapter 209, 387.540(1),
				42 U.S.C.
				1397
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to adopt all administrative regulations necessary under applicable
				state laws to protect, develop, and maintain the health, personal dignity,
				integrity, and sufficiency of the individual citizens of the commonwealth and
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet. KRS
				209.030(1) authorizes the
				secretary to promulgate administrative regulations necessary for the
				implementation of adult protective services. This administrative regulation
				establishes the procedures for investigation and protection of adults who are
				suffering or at risk of abuse, neglect, or exploitation.
Section 1. Definitions.
(1) "Abuse" is defined by
			 KRS
			 209.020(8).
(2) "Adult" is defined by
			 KRS
			 209.020(4).
(3) "Authorized agency" is defined by
			 KRS
			 209.020(17).
(4) "Caretaker" is defined by
			 KRS
			 209.020(6).
(5) "Emergency" is defined by
			 KRS
			 209.020(11).
(6) "Employee" is defined by
			 KRS
			 209.032(1)(a).
(7) "Exploitation" is defined by
			 KRS
			 209.020(9).
(8) "Investigation" is defined by
			 KRS
			 209.020(10).
(9) "Mental injury" means a negative impact
			 on the emotional or psychological state of the adult that is inconsistent with
			 an individual's medical care and:
(a) Requires
			 medical or therapeutic treatment;
(b) Is manifested by a behavioral change;
			 or
(c) Caused the person to feel
			 fear, distress, humiliation, or ridicule.
(10) "Neglect" is defined by
			 KRS
			 209.020(16).
(11) "Protective services" is defined by
			 KRS
			 209.020(5).
(12) "Records" is defined by
			 KRS
			 209.020(15).
(13) "Unreasonable confinement" means the
			 unnecessary restriction of an adult's movement through physical or chemical
			 restraints or the unnecessary isolation of an individual.
(14) "Validated substantiated finding of
			 adult abuse, neglect, or exploitation" is defined by
			 KRS
			 209.032(1)(b).
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:090 - General adult services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 209, 209A.020(6), 403.720(2),
				42 U.S.C.
				1397
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to adopt all
				administrative regulations necessary under applicable state laws to protect,
				develop, and maintain the health, personal dignity, integrity, and sufficiency
				of the individual citizens of the Commonwealth and necessary to operate the
				programs and fulfill the responsibilities vested in the cabinet.
				KRS
				209.035 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations to establish criteria
				for general adult services. This administrative regulation establishes general
				adult services to the extent funds are available.
Section 1. Definitions.
(1) "Abuse" is defined by
			 KRS
			 209.020(8).
(2) "Adult" is defined by
			 KRS
			 209.020(4).
(3) "Alternate care" means a level of care
			 licensed by the cabinet as follows:
(a)
			 Family care home in accordance with
			 902 KAR
			 20:041;
(b) Intermediate care facility in accordance
			 with
			 902 KAR
			 20:051;
(c) Intermediate care facility for
			 individuals with an intellectual disability as defined by
			 907
			 KAR 1:022;
(d) Nursing facility as defined by
			 907
			 KAR 1:022;
(e) Personal care home as defined by
			 KRS
			 216.750(2); and
(f) Skilled nursing facility as defined by
			 907
			 KAR 1:022 as "high intensity nursing care
			 service".
(4) "Cabinet"
			 is defined by
			 KRS
			 209.020(2).
(5) "Caretaker" is defined by
			 KRS
			 209.020(6).
(6) "Exploitation" is defined by
			 KRS
			 209.020(9).
(7) "Family member" is defined by
			 KRS
			 403.720(2).
(8) "General adult services" means a
			 voluntary preventive service aimed at:
(a)
			 Assisting an adult to attain and function at the adult's highest level of
			 self-sufficiency and autonomy; and
(b) Maintaining the adult in the
			 community.
(9) "Neglect"
			 is defined by
			 KRS
			 209.020(16).
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 5 - Adult Services › Section 922 KAR 5:120 - Caregiver misconduct registry and appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 194A.060, 205.140, 209,
				42 U.S.C.
				1320d-1320d-9,
				42 U.S.C.
				1397-1397e,
				1397m-1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to adopt all administrative regulations necessary under applicable
				state laws to protect, develop, and maintain the health, personal dignity,
				integrity, and sufficiency of the individual citizens of the Commonwealth and
				necessary to operate the programs and fulfill the responsibilities vested in
				the cabinet. KRS
				209.032(5) requires the
				cabinet to promulgate administrative regulations necessary to implement a
				central registry of substantiated findings. This administrative regulation
				establishes the caregiver misconduct registry, due process prior to the
				addition of an individual to the registry, and error resolution for correction
				of the cabinet's records.
Section 1.
			 Definitions.
(1) "Abuse" is defined by
			 KRS
			 209.020(8).
(2) "Adult" is defined by
			 KRS
			 209.020(4).
(3) "Cabinet" means the Cabinet for Health
			 and Family Services.
(4) "Employee"
			 is defined by KRS
			 209.032(1)(a).
(5) "Exploitation" is defined by
			 KRS
			 209.020(9).
(6) "Good cause" means justification for
			 failure to carry forward with a legal obligation related to an appeal,
			 including:
(a) An appellant's inability to
			 comprehend the cabinet's written statement describing appeal rights;
			 or
(b) A cabinet-sanctioned
			 determination that the appellant or the appellant's legal representative is not
			 at fault for failure to:
1. Submit a written
			 request for appeal; or
2.
			 Participate in a proceeding related to an administrative
			 hearing.
(7)
			 "Investigation" is defined by
			 KRS
			 209.020(10).
(8) "Near fatality" means an injury or
			 condition, as certified by a physician, that places an adult in serious or
			 critical condition.
(9) "Neglect"
			 is defined by KRS
			 209.020(16).
(10) "Records" is defined by
			 KRS
			 209.020(15).
(11) "Secure methodology" means the
			 deployment of technology to protect the application's authenticity and to keep
			 user communications, browsing, and identity private in accordance with
			 KRS
			 209.032.
(12) "Validated substantiated finding of
			 adult abuse, neglect, or exploitation" is defined by
			 KRS
			 209.032(1)(b).
(13) "Vulnerable adult services provider" is
			 defined by KRS
			 209.032(1)(c).
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 6 - Community Action Agencies › Section 922 KAR 6:010 - Standards for community action agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				45.357,
				45A.455,
				61.800-61.850, 61.870-884,
				194A.060,
				273.405-273.453, Chapter 344, 45 C.F.R. 96,
				42 U.S.C.
				9901-9926
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				273.448(1)(a) requires the
				state administering agency to establish in accordance with applicable state and
				federal laws and regulations, standards for community action agencies by which
				the administrative, fiscal and programmatic effectiveness of the federal act
				shall be measured. This administrative regulation establishes the requirements
				for the operation and oversight of the community action agencies relative to
				the community services block grant funding, intended to provide services for
				residents meeting poverty income guidelines issued by the U.S. Department of
				Health and Human Services. This administrative regulation imposes a stricter
				requirement than the federal mandate because additional reporting requirements
				are necessary to comply with
				KRS
				45.357, and the Kentucky Civil Rights Laws,
				KRS Chapter 344, are more inclusive than those required under
				42 U.S.C.
				9918(c)(1). The imposition
				of additional requirements and responsibilities is to ensure necessary
				compliance with applicable state laws.
Section
			 1. Definitions.
(1)
			 "Commissioner" means the Commissioner for the Department for Community Based
			 Services, Cabinet for Health and Family Services.
(2) "Community action agency" is defined by
			 KRS
			 273.410(2).
(3) "Community action board" means the board
			 of directors of a community action agency that is a political
			 subdivision.
(4) "Community
			 Services Block Grant" or "CSBG" means Community Services Block Grant funds made
			 available by
			 42 U.S.C.
			 9901-9926.
(5) "Designating official" means the chief
			 elected official of the eligible political subdivision or subdivisions if the
			 political subdivision is a community action agency.
(6) "Governing board" means the board of
			 directors of a private nonprofit community action agency.
(7) "Public community action agency" means a
			 community action agency that is established as a division of local
			 government.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 6 - Community Action Agencies › Section 922 KAR 6:040 - Termination of funding and hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				273.451
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation establishes the conditions by which the cabinet may terminate
				Community Services Block Grant (CSBG) funding to a grantee. This administrative
				regulation also addresses the grantee's right to request and receive a hearing
				before a qualified hearing officer.
Section
			 1. Grantee Termination. For the purpose of this part,
			 administrative requirements specified in
			 42 U.S.C.
			 9901-9912
			 and
			 KRS
			 273.451 are applicable.
(1) A community action agency (CAA), either
			 established with local designation or state recognition under the Community
			 Services Block Grant Act (the Act) or under the Kentucky CSBG program in
			 accordance with the Act and the Community Action Law in KRS Chapter 273 shall
			 be awarded continuing CSBG program administering responsibilities in its
			 established jurisdiction unless the following shall occur:
(a) The CAA submits written communication to
			 the Department for Community-Based Services stating its desire to discontinue
			 operation of the program;
(b)
			 Material failure by the CAA to comply with
			 42 U.S.C.
			 9901-9912,
			 or
			 45 C.F.R.
			 96.30,
			 96.51,
			 96.90, or
			 96.91; the
			 provisions of the state CSBG plan or provisions of KRS 273.405-273.453; or 922
			 KAR 6:010. Material failure includes:
1.
			 Fraud;
2. Disallowance of costs
			 which could render a CAA insolvent; or
3. Denial of access to records of
			 grant-related transactions.
(c) The CAA lacks the authority or capability
			 to receive, administer, and account for funds in a manner that conforms with
			 applicable federal or state requirements or with generally accepted accounting
			 principles;
(d) The CAA is not
			 capable of effectively planning, conducting, administering, or evaluating CSBG
			 funded programs or projects;
(e)
			 The CAA fails to conform in one (1) or more ways to the assurances relating to
			 the structure and operation of CSBG program contractors that the Commonwealth
			 of Kentucky has provided the United Stated Department of Health and Human
			 Services, including prohibitions regarding partisan political activities, voter
			 registration, and transportation of voters to the polls; or
(f) The CAA is structured and functions in a
			 manner inconsistent with state or federal laws or administrative
			 regulations.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 6 - Community Action Agencies › Section 922 KAR 6:045 - Allocation formula

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				273.446,
				42
				U.S.C. 9907
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs. This administrative regulation
				establishes the formula for allocation of community service block grant or
				"CSBG" funds to applicant agencies as required by
				KRS
				273.446(2). In addition, 42
				U.S.C. 9921no te mandates that each community action agency currently in good
				standing in the CSBG Program shall receive a proportionate share of the federal
				fiscal year 2002 CSBG funding increase.
Section
			 1. Definitions.
(1)
			 "Proportionate share" means the proportion, or percentage, of the state's CSBG
			 funding that the entity received in the prior fiscal year.
(2) "Service area" means the land lying
			 within the geographic boundary of the community action agency submitting an
			 application.
Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 8 - Rape Crisis Centers › Section 922 KAR 8:010 - Standards for rape crisis centers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 17.165, 147A.050, 194A.060,
				209.030, 210.370, 211.600-211.608, 214.185, 214.625, 421.500-421.575, 620.030,
				34 U.S.C.
				12291-12512
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 implement programs mandated by federal
				law or to qualify for the receipt of federal funds and necessary to cooperate
				with other state and federal agencies for the proper administration of the
				cabinet and its programs.
				KRS
				211.602(2) requires that a
				rape crisis center operate in accordance with administrative regulations
				promulgated by the Cabinet for Health and Family Services to be eligible to
				receive state funds and other allocations by the cabinet.
				KRS
				211.608 requires the cabinet to promulgate an
				administrative regulation that specifies procedures for assuring the
				confidentiality of rape crisis center clients. This administrative regulation
				establishes the requirements for rape crisis centers designated by the
				cabinet.
Section 1. Definitions.
(1) "Cabinet" means the Cabinet for Health
			 and Family Services.
(2) "Governing
			 board" or "board" means a board that meets the requirements of
			 KRS
			 211.604.
(3) "Mental health discipline" means the
			 practice of:
(a) Psychology;
(b) Social work;
(c) Psychiatric nursing;
(d) Marriage and family therapy;
(e) Professional counseling; and
(f) Art therapy.
(4) "Rape crisis center", or "center", means
			 an organization designated by the cabinet in accordance with
			 KRS
			 211.600(1).
(5) "Region" means an area development
			 district established by
			 KRS
			 147A.050.
(6) "Secretary" means the secretary of the
			 Cabinet for Health and Family Services.
(7) "Victim" means:
(a) A person of any age who has experienced:
1. Sexual violence;
2. Unwanted sexual contact; or
3. Sexual harassment;
(b) A family member of a person who has
			 experienced:
1. Sexual violence;
2. Unwanted sexual contact; or
3. Sexual harassment; or
(c) A friend of, or other person associated
			 with, a person who has experienced:
1. Sexual
			 violence;
2. Unwanted sexual
			 contact; or
3. Sexual
			 harassment.
Kentucky Administrative Regulations › Title 923 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT OF DISABILITY DETERMINATION SERVICES › Chapter 2 - Disability Determination › Section 923 KAR 2:470 - Disability Determinations Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 205.245, 20 C. F. R. 401.5-401.200, Subparts A,
				B, C, 404.900-404.999d, Subpart J, 416.1400 - 416.1499, Subpart N, 416.1701 -
				416.1725, Subpart Q, 422.401 - 422.445, Subpart E
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.030(9) requires
				the Cabinet for Health and Family Services, Department for Income Support to
				serve as the state unit, as required by Title II and Title XVI of the Social
				Security Act, and shall have responsibility for determining eligibility for
				disability for those citizens of the Commonwealth who file applications for
				disability with the Social Security Administration. KRS 194A.050(1) requires
				that the Secretary shall promulgate, administer, and enforce those
				administrative regulations necessary to implement programs mandated by federal
				law.  20 C.F.R. 404.1501-404.1599  provides that in order for a person to be
				entitled to any benefits based upon disability or blindness or to have a period
				of disability established, they must be disabled or blind as defined in Title
				II of the Social Security Act.  20 C.F.R. 404.1601-404.1694  provides the
				standards of performance and administrative requirements and procedures for
				states making determinations of disability under Title II of the Social
				Security Act.  20 C.F.R. 416.1001-416.1094  provides the standards of performance
				and administrative requirements and procedures for states making determinations
				of disability under title XVI of the Social Security Act. This administrative
				regulation establishes procedures and requirements for making disability
				determinations.
Section 1. The
			 following C.F.R. sections govern disability determinations made by the Cabinet
			 for Health and Family Services, Department for Income Support, Division of
			 Disability Determination Services:
(1)
									20 C.F.R. 401.5- 401.200, Subparts A, B, and C;
(2)
									20 C.F.R. 404.900- 404.999d, Subpart
			 J;
(3)
									20 C.F.R. 404.1501- 404.1599, Appendix 1 & 2, Subpart P;
(4)
									20 C.F.R. 404.1601- 404.1694, Subpart
			 Q;
(5)
									20 C.F.R. 416.901- 416.999d, Subpart I;
(6)
									20 C.F.R. 416.1001- 416.1094, Subpart J;
(7)
									20 C.F.R. 416.1400- 416.1499, Subpart N;
(8)
									20 C.F.R. 416.1701- 416.1725, Subpart Q;
			 and
(9)
									20 C.F.R. 422.401- 422.445, Subpart E.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-101 - Title of Official Legal Codification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The official legal codification published
				pursuant to
				R.S.
				49:954.1 shall be known as the
Louisiana
Administrative Code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-103 - Citation of the Louisiana Administrative Code

Current through Register Vol. 50, No. 6, June 20, 2024
A. Without prejudice to any other mode of
				citation, the
Louisiana Administrative Code
may be cited by
				Title, Part and Section number. The preferred short form of citation of the
Louisiana Administrative Code
is "LAC." Thus, "LAC 35:XI.315"
				refers to Section 315 of Part XI
				of Title 35 of the
Louisiana
Administrative
				Code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-105 - Arrangement of the Louisiana Administrative Code

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
Louisiana Administrative
				Code
is arranged as follows.
1. The
Louisiana Administrative Code
is divided into titles which are
				subdivided as follows:
a. Parts, identified
				by Roman numerals, with a new sequence of numerals beginning in each
				Title;
b. Subparts, identified by
				Arabic numerals, with a new sequence of numerals beginning in each
				Part;
c. Chapters, identified by
				Arabic numerals, with a new sequence of numerals beginning in each
				Part;
d. Subchapters, identified by
				capital letters, with a new sequence of the alphabet beginning in each
				Chapter;
e. Sections, identified by
				Arabic numerals, with a new sequence of numerals beginning in each
				Title.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-107 - Headings Not to be Used in Construing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Titles, Parts, Chapters, Subchapters and
				Sections will have a heading. This heading will not govern, limit, modify, or
				in any manner affect the scope, meaning, or intent of the provisions of the
Louisiana Administrative Code
. These headings are merely an
				explanation of what is in that unit of the
Louisiana Administrative
				Code
and should be stated in as few words as possible.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-109 - Tenses, Gender, and Number

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Except as otherwise stated in any Title, Part, Chapter, Subchapter, or Section
				of the
Louisiana Administrative Code,
the present tense
				includes the past tense and future tense, and the future, the present tense;
				the masculine gender includes the feminine and neuter, the feminine includes
				the masculine and neuter, and the neuter includes the masculine and feminine;
				and the singular includes the plural, and the plural, the singular.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-111 - Submission of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
				R.S. 49:953(C)(1), any interested person may petition an agency to adopt a new
				rule, or to amend or repeal an existing rule.
B. To petition an agency within the Division
				of Administration for changes to the agencys current rules, or for the adoption
				of new rules within the agencys purview, an interested person shall submit a
				written petition to the Division of Administration, Office of the Commissioner.
				The petition shall include:
1. the
				petitioner's name and address;
2.
				the name of the promulgating agency for the rule in question;
3. specific text or a description of the
				proposed language desired for the adoption or amendment of a rule, or the
				specific rule and language identified for repeal;
4. justification for the proposed action;
				and
5. the petitioner's
				signature.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 1 - Preliminary Provisions › Section I-113 - Consideration of a Rulemaking Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt, a
				rulemaking petition shall be forwarded to the promulgating agency for
				review.
B. Within 90 days of
				receipt of the rulemaking petition, the agency shall either:
1. initiate rulemaking procedures to adopt a
				new rule, or to amend or repeal an existing rule; or
2. notify the petitioner in writing of the
				denial to proceed with rulemaking, stating the reason(s)
				therefore.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter A - Louisiana Administrative Code › Section I-301 - Contents of the Louisiana Administrative Code

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
Louisiana Administrative
				  Code
shall contain all effective rules adopted by each agency subject
				  to the Louisiana Administrative Procedure Act and all boards, commissions,
				  agencies, and departments of the executive branch. The
Louisiana
				  Administrative Code
will also contain effective Executive Orders. Any
				  rules which would be unduly cumbersome, expensive, or otherwise inexpedient to
				  publish may be excepted and a notice stating the general subject matter and how
				  a copy may be obtained substituted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter A - Louisiana Administrative Code › Section I-303 - Periodic Supplementation of the Louisiana Administrative Code; Index

Current through Register Vol. 50, No. 6, June 20, 2024
A. At least once
				  each year all rules and Executive Orders required to be codified in the
Louisiana Administrative Code
by
				  §301 of this Title
				  which have been filed with the Office of the State Register will be published
				  and distributed as an integral part of this Code, or the affected Title or Part
				  thereof may be reissued. The index and any tables shall be similarly
				  supplemented.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter B - Louisiana Register › Section I-305 - Citation of the Louisiana Register

Current through Register Vol. 50, No. 6, June 20, 2024
A. Without prejudice to any other mode of
				  citation, the
Louisiana Register
may be cited by volume and
				  page number. The approved short form of citation to the
Louisiana
				  Register
is "LR." Thus, "LR 3:801" refers to material beginning on
				  page 801 of Volume 3 of the
Louisiana Register
.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter B - Louisiana Register › Section I-307 - Contents of the Louisiana Register

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each issue of the
Louisiana
				  Register
will contain a table of contents arranged alphabetically by
				  agency within the following categories: Committee Reports, Emergency Rules,
				  Executive Orders, Notices of Intent, Potpourri, and Rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter B - Louisiana Register › Section I-309 - Federal Rules, Standards or Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. If an agency proposes or adopts federal
				  rules or portions thereof, the requirement that the full text thereof be filed
				  with the Office of the State Register and published in the
Louisiana
				  Register
shall be satisfied by including in the text of the proposed
				  or adopted rules a statement that the agency proposes to adopt or is adopting
				  such federal rules with a specific citation to the
Federal
				  Register
or
Code of Federal Regulations
where the
				  text appears.
B. If an agency
				  proposes or adopts as rules the standards or guidelines, or portions thereof,
				  of any professional, trade or other association or entity, the requirement that
				  the full text be filed with the Office of the State Register and published in
				  the
Louisiana Register
shall be satisfied by including in the
				  text of the proposed or adopted rules a specific citation to the standards or
				  guidelines and filing with the Office of the State Register a copy of such
				  standards or guidelines.
C. In
				  accordance with the Louisiana Administrative Procedure Act, the agency shall be
				  required to file the full text of adopted rules, including federal rules,
				  standards and guidelines in the agency's principal office.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter B - Louisiana Register › Section I-311 - Frequency of Publication of the Louisiana Register

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
Louisiana Register
shall be published at least once a month and shall contain all previously
				  unpublished items required to be published and which are duly filed by the
				  department prior to the closing date of each issue.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter B - Louisiana Register › Section I-313 - Table of Sections Affected

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each issue of the
Louisiana
				  Register
will contain a numerical list of the Sections of the
Louisiana Administrative Code
expressly affected by the
				  documents published in the issue. Beginning with the second issue of each
				  quarter, each issue will also carry a cumulative list of the Sections of the
Louisiana Administrative Code
affected by the documents
				  published during that quarter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter C - Copies and Reproductions › Section I-315 - Copyright

Current through Register Vol. 50, No. 6, June 20, 2024
A. All information
				  published in the
Louisiana Administrative Code
or the
Louisiana Register
which includes, but is not limited to,
				  cross references, tables of cases, notes of decisions, tables of contents,
				  indices, source notes, authority notes, numerical lists, and codification
				  guides, other than the actual text of rules or regulations may be reproduced
				  only with the written consent of the Office of the State Register. Any such
				  information which appears on the same leaf with the text of any rule or
				  regulation, however, may be incidentally reproduced in the connection with the
				  reproduction of such rule or regulation, if such reproduction is for the
				  private use and not for resale. There shall be no other restrictions on the
				  reproduction of information published pursuant to this Part, and the state
				  hereby consents to any such reproduction.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 3 - Publication of the Louisiana Administrative Code and the Louisiana Register › Subchapter C - Copies and Reproductions › Section I-317 - Photocopies and Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
				  of the State Register or an agency shall provide a copy of any rule to the
				  public upon request in writing or in person. The public will be charged
				  statutory or other reasonable fees for photocopies of rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 5 - Effect of Publication › Section I-501 - Official Text of Published Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Asterisks
1. Where more than one Section of rules is
				being amended in a single document, and the Sections are not consecutive, then
				the omitted Sections are indicated by a row of three asterisks.
2. Where multiple Sections are being amended
				and the Sections are not consecutive but there are no omitted Sections of the
				text, do not insert asterisks. Example:
				§103 both being
				amended in a single amendment package would not have asterisks between them if
				no §104 exists.
3. Amending
				Entire Section. Asterisks may not be used in place of any material not needing
				revision when an entire Chapter or other body of the rule subdivision is being
				amended. All language intended to be part of the new Chapter must be
				included.
4. Amending Parts of a
				Section. When a designated subdivision of a Section is being amended, a row of
				three asterisks is inserted to indicate any omitted subdivisions of the
				Section, both before and after the amended portion. Any introductory language
				to a designated subdivision must be included in the text.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 5 - Effect of Publication › Section I-503 - Constructive Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Unless otherwise specifically provided by statute the publication under this
				Title of any document required or authorized by this Title to be so published
				shall, except in cases where notice by publication is insufficient in law, be
				sufficient to give notice of the contents of such document to any person
				subject thereto or affected thereby.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part I - Office of the State Register › Chapter 5 - Effect of Publication › Section I-505 - Judicial Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				contents of the
Louisiana Administrative Code
, the supplements
				thereto, and the
Louisiana Register
shall be given judicial
				notice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  49:954.1.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Adjudications conducted by the Division of
				Administrative Law (DAL) are governed by Chapters 13 and 13-B of the
				Administrative Procedure Act (APA), R.S. 49:950 et seq., and R.S. 49:991, et
				seq. These rules are not intended to be a comprehensive guide for hearings
				conducted by DAL, but are intended only as a supplement to the APA and R.S.
				49:991, et seq. Adjudications conducted pursuant to federal law or R.S.
				49:999.1 may be governed by other rules.
B. Except as otherwise required by law, this
				Chapter governs procedures used in DAL adjudications.
C. If any provision of these rules, or the
				application thereof, is held to be invalid, the remaining provisions shall not
				be affected, so long as they can be given effect without the invalid
				provision.
D. Procedural issues
				that are not addressed by the APA are governed by the Louisiana Code of Civil
				Procedure.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 49:991 et
				  seq.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-105 - Computation of Time (formerly Section 109)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				computing a period of time allowed or prescribed by law, the date of the act,
				event, or default is not included in the computation. The last day of the
				period is to be included, unless it is a legal holiday as defined in R.S. 1:55,
				in which case the period runs until the end of the next day which is not a
				legal holiday
B. A half-holiday is
				considered a legal holiday. A legal holiday is to be included in the
				computation of a period of time allowed or prescribed, except when:
1. it is expressly excluded;
2. it would otherwise be the last day of the
				period; or
3. the period is less
				than seven days.
Louisiana Administrative Code › Title 1 - ADMINISTRATIVE LAW › Part III - Division of Administrative Law › Chapter 1 - General Rules › Section III-107 - Petitions for Adoption, Amendment, or Repeal of Rules; Form and Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. Petitions for the adoption, amendment, or
				repeal of rules or regulations promulgated by DAL shall be submitted to:
				Division of Administrative Law, Attn: Directors Office, Post Office Box 44033,
				Baton Rouge, LA 70804-4033.
B.
				Petitions shall be in writing and shall state the name and address of an
				individual who may be contacted relative to the contents of the
				petition.
C. A request that does
				not comply with the Paragraphs in this Subsection shall be returned to the
				requesting party with an attached statement explaining why the request is
				incomplete. Petitions shall include the following information:
1. a statement of whether the requested rule
				change involves the adoption, amendment, or repeal of a rule, or any
				combination thereof;
2. a citation
				to the existing rule for which an amendment or repeal is being requested or a
				statement that the rule will be a new rule, if proposed for adoption;
3. a draft of the proposed wording of the
				requested rule change or a statement detailing the content of the requested
				rule change;
4. a statement of why
				the request is being made;
5. a
				simple, concise and direct statement of the material facts that the requesting
				party believes support the requested rule change;
6. if not already included in any of the
				previously required statements, a statement of who would benefit from the
				requested rule change and how they would benefit;
7. if known, the citation to any statute(s)
				that specifically relates to the content of the requested rule
				change;
8. the name, address,
				telephone number and, if available, a fax number and e-mail address of the
				person making the request; and
9.
				the expected financial impact that the proposed adoption, amendment, or repeal
				would have.