CABINET FOR HEALTH AND FAMILY SERVICES

Department for Community Based Services

Division of Protection and Permanency

(Repealer)

 

      922 KAR 5:111. Repeal of 922 KAR 5:100 and 922 KAR 5:102.

 

      RELATES TO: KRS Chapter 194A, 209, 209A

      STATUTORY AUTHORITY: KRS 194A.050(1), 209.030, 209.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate 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 and 209.035 authorize the cabinet to promulgate administrative regulations to effect the purposes of KRS Chapter 209 and general adult services. This administrative regulation repeals 922 KAR 5:100 and 922 KAR 5:102, which are outdated and no longer necessary as a result of the 2017 Ky. Acts ch. 191 and the concurrent amendment to 922 KAR 5:090.

 

      Section 1. The following administrative regulations are hereby repealed:

      (1) 922 KAR 5:100, Alternate care for adults; and

      (2) 922 KAR 5:102, Domestic violence protective services.

 

ADRIA JOHNSON, Commissioner

VICKIE YATES BROWN GLISSON, Secretary

      APPROVED BY AGENCY: August 30, 2017

      FILED WITH LRC: September 7, 2017 at 3 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on October 23, 2017, at 9:00 a.m. in the Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky 40621. Individuals interested in attending this hearing shall notify this agency in writing by October 16, 2017, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on this proposed administrative regulation until October 31, 2017. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Laura Begin, Legislative and Regulatory Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-B, Frankfort, Kentucky 40621, phone 502-564-6746, fax 502-564-2767, email Laura.Begin@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Persons: Elizabeth Caywood, phone (502) 564-3703, email Elizabeth.Caywood@ky.gov.; and Laura Begin

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 922 KAR 5:100 and 922 KAR 5:102.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary as a result of 922 KAR 5:100 and 922 KAR 5:102 being outdated and no longer necessary due to recently enacted legislation and a concurrent amendment to an existing administrative regulation.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This administrative regulation is not an amendment.

      (b) The necessity of the amendment to this administrative regulation: This administrative regulation is not an amendment.

      (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation is not an amendment.

      (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation is not an amendment.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102. The repealer conforms to service provision changes ushered by 2017 Ky. Acts ch. 191 and Red Tape Reduction comments.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102. 922 KAR 5:102 is no longer necessary due to KRS Chapter 209A, as amended by the 2017 Ky. Acts ch. 191. Content that remains relevant in 922 KAR 5:100 has been proposed for incorporation within 922 KAR 5:090, which is subject to concurrent amendment; otherwise, 922 KAR 5:100 is duplicative of licensure processes implemented by the cabinet. The general public and vulnerable adults will benefit from the clarity provided through this repealer and concurrent amendment to 922 KAR 5:090.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There is no cost associated with the repeal of 922 KAR 5:100 and 922 KAR 5:102.

      (b) On a continuing basis: There is no ongoing cost associated with the repeal of 922 KAR 5:100 and 922 KAR 5:102.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no source of funding associated with the repeal of 922 KAR 5:100 and 922 KAR 5:102.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: There is no fee associated with the repeal of 922 KAR 5:100 and 922 KAR 5:102.

      (9) TIERING: Is tiering applied? There is no tiering applied in the repeal of 922 KAR 5:100 and 922 KAR 5:102.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services, Department for Community Based Services will no longer have these obsolete administrative regulations under its purview.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The only purpose of this administrative regulation is to repeal 922 KAR 5:100 and 922 KAR 5:102. This repealer will generate no new revenue in its first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This repealer creates no new revenue in subsequent years.

      (c) How much will it cost to administer this program for the first year? This repealer will create no new costs in the first year.

      (d) How much will it cost to administer this program for subsequent years? This repealer will create no new costs in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: