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AN ACT relating to reorganization. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 12.020 is amended to read as follows: 3
Departments, program cabinets and their departments, and the respective major 4
administrative bodies that they include are enumerated in this section. It is not intended 5
that this enumeration of administrative bodies be all-inclusive. Every authority, board, 6
bureau, interstate compact, commission, committee, conference, council, office, or any 7
other form of organization shall be included in or attached to the department or program 8
cabinet in which they are included or to which they are attached by statute or statutorily 9
authorized executive order; except in the case of the Personnel Board and where the 10
attached department or administrative body is headed by a constitutionally elected officer, 11
the attachment shall be solely for the purpose of dissemination of information and 12
coordination of activities and shall not include any authority over the functions, 13
personnel, funds, equipment, facilities, or records of the department or administrative 14
body. 15
I. Cabinet for General Government - Departments headed by elected officers: 16
(1) The Governor. 17
(2) Lieutenant Governor. 18
(3) Department of State. 19
(a) Secretary of State. 20
(b) Board of Elections. 21
(c) Registry of Election Finance. 22
(4) Department of Law. 23
(a) Attorney General. 24
(5) Department of the Treasury. 25
(a) Treasurer. 26
(6) Department of Agriculture. 27 UNOFFICIAL COPY 22 RS BR 1649
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(a) Commissioner of Agriculture. 1
(b) Agricultural Development Board. 2
(c) Kentucky Agricultural Finance Corporation. 3
(7) Auditor of Public Accounts. 4
II. Program cabinets headed by appointed officers: 5
(1) Justice and Public Safety Cabinet: 6
(a) Department of Kentucky State Police. 7
1. Office of Administrative Services. 8
a. Division of Operational Support. 9
b. Division of Management Services. 10
2. Office of Operations. 11
a. Division of West Troops. 12
b. Division of East Troops. 13
c. Division of Special Enforcement. 14
d. Division of Commercial Vehicle Enforcement. 15
3. Office of Technical Services. 16
a. Division of Forensic Sciences. 17
b. Division of Information Technology. 18
(b) Department of Criminal Justice Training. 19
(c) Department of Corrections. 20
(d) Department of Juvenile Justice. 21
(e) Office of the Secretary. 22
(f) Office of Drug Control Policy. 23
(g) Office of Legal Services. 24
(h) Office of the Kentucky State Medical Examiner. 25
(i) Parole Board. 26
(j) Kentucky State Corrections Commission. 27 UNOFFICIAL COPY 22 RS BR 1649
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(k) Office of Legislative and Intergovernmental Services. 1
(l) Office of Human Resource Management. 2
1. Division of Human Resource Administration. 3
2. Division of Employee Management. 4
(m) Department of Public Advocacy. 5
(n) Office of Communications. 6
1. Information Technology Services Division. 7
(o) Office of Financial Management Services. 8
1. Division of Financial Management. 9
(p) Grants Management Division. 10
(2) Education and Workforce Development Cabinet: 11
(a) Office of the Secretary. 12
1. Governor's Scholars Program. 13
2. Governor's School for Entrepreneurs Program. 14
3. Office of the Kentucky Workforce Innovation Board. 15
4. Foundation for Adult Education. 16
5. Early Childhood Advisory Council. 17
(b) Office of Legal and Legislative Services. 18
1. Client Assistance Program. 19
(c) Office of Communication. 20
(d) Office of Administrative Services. 21
1. Division of Human Resources. 22
2. Division of Operations and Support Services. 23
3. Division of Fiscal Management. 24
(e) Office of Technology Services. 25
(f) Office of Educational Programs. 26
(g) Office of the Kentucky Center for Statistics. 27 UNOFFICIAL COPY 22 RS BR 1649
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(h) Board of the Kentucky Center for Statistics. 1
(i) Board of Directors for the Center for School Safety. 2
(j) Department of Education. 3
1. Kentucky Board of Education. 4
2. Kentucky Technical Education Personnel Board. 5
3. Education Professional Standards Board. 6
(k) Department for Libraries and Archives. 7
(l) Department of Workforce Investment. 8
1. Office of Vocational Rehabilitation. 9
a. Division of Kentucky Business Enterprise. 10
b. Division of the Carl D. Perkins Vocational Training Center. 11
c. Division of Blind Services. 12
d. Division of Field Services. 13
e. Statewide Council for Vocational Rehabilitation. 14
2. Office of Unemployment Insurance. 15
3. Office of Employer and Apprenticeship Services. 16
a. Division of Apprenticeship. 17
4. Career Development Office. 18
5. Office of Adult Education. 19
6. Unemployment Insurance Commission. 20
7. Kentucky Apprenticeship Council. 21
8. Division of Technical Assistance. 22
(m) Foundation for Workforce Development. 23
(n) Kentucky Workforce Investment Board. 24
(o) Kentucky Commission on the Deaf and Hard of Hearing. 25
(p) Kentucky Educational Television. 26
(q) Kentucky Environmental Education Council. 27 UNOFFICIAL COPY 22 RS BR 1649
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(3) Energy and Environment Cabinet: 1
(a) Office of the Secretary. 2
1. Office of Legislative and Intergovernmental Affairs. 3
2. Office of Legal Services. 4
a. Legal Division I. 5
b. Legal Division II. 6
3. Office of Administrative Hearings. 7
4. Office of Communication. 8
5. Mine Safety Review Commission. 9
6. Office of Kentucky Nature Preserves. 10
7. Kentucky Public Service Commission. 11
(b) Department for Environmental Protection. 12
1. Office of the Commissioner. 13
2. Division for Air Quality. 14
3. Division of Water. 15
4. Division of Environmental Program Support. 16
5. Division of Waste Management. 17
6. Division of Enforcement. 18
7. Division of Compliance Assistance. 19
(c) Department for Natural Resources. 20
1. Office of the Commissioner. 21
2. Division of Mine Permits. 22
3. Division of Mine Reclamation and Enforcement. 23
4. Division of Abandoned Mine Lands. 24
5. Division of Oil and Gas. 25
6. Division of Mine Safety. 26
7. Division of Forestry. 27 UNOFFICIAL COPY 22 RS BR 1649
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8. Division of Conservation. 1
9. Office of the Reclamation Guaranty Fund. 2
(d) Office of Energy Policy. 3
1. Division of Energy Assistance. 4
(e) Office of Administrative Services. 5
1. Division of Human Resources Management. 6
2. Division of Financial Management. 7
3. Division of Information Services. 8
(4) Public Protection Cabinet. 9
(a) Office of the Secretary. 10
1. Office of Communications and Public Outreach. 11
2. Office of Legal Services. 12
a. Insurance Legal Division. 13
b. Charitable Gaming Legal Division. 14
c. Alcoholic Beverage Control Legal Division. 15
d. Housing, Buildings and Construction Legal Division. 16
e. Financial Institutions Legal Division. 17
f. Professional Licensing Legal Division. 18
3. Office of Administrative Hearings. 19
4. Office of Administrative Services. 20
a. Division of Human Resources. 21
b. Division of Fiscal Responsibility. 22
(b) Office of Claims and Appeals. 23
1. Board of Tax Appeals. 24
2. Board of Claims. 25
3. Crime Victims Compensation Board. 26
(c) Kentucky Boxing and Wrestling Commission. 27 UNOFFICIAL COPY 22 RS BR 1649
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(d) Kentucky Horse Racing Commission. 1
1. Office of Executive Director. 2
a. Division of Pari-mutuel Wagering and Compliance. 3
b. Division of Stewards. 4
c. Division of Licensing. 5
d. Division of Enforcement. 6
e. Division of Incentives and Development. 7
f. Division of Veterinary Services. 8
(e) Department of Alcoholic Beverage Control. 9
1. Division of Distilled Spirits. 10
2. Division of Malt Beverages. 11
3. Division of Enforcement. 12
(f) Department of Charitable Gaming. 13
1. Division of Licensing and Compliance. 14
2. Division of Enforcement. 15
(g) Department of Financial Institutions. 16
1. Division of Depository Institutions. 17
2. Division of Non-Depository Institutions. 18
3. Division of Securities. 19
(h) Department of Housing, Buildings and Construction. 20
1. Division of Fire Prevention. 21
2. Division of Plumbing. 22
3. Division of Heating, Ventilation, and Air Conditioning. 23
4. Division of Building Code Enforcement. 24
(i) Department of Insurance. 25
1. Division of Health and Life Insurance and Managed Care. 26
2. Division of Property and Casualty Insurance. 27 UNOFFICIAL COPY 22 RS BR 1649
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3. Division of Administrative Services. 1
4. Division of Financial Standards and Examination. 2
5. Division of Licensing. 3
6. Division of Insurance Fraud Investigation. 4
7. Division of Consumer Protection. 5
(j) Department of Professional Licensing. 6
1. Real Estate Authority. 7
(5) Labor Cabinet. 8
(a) Office of the Secretary. 9
1. Office of General Counsel. 10
a. Workplace Standards Legal Division. 11
b. Workers' Claims Legal Division. 12
2. Office of Administrative Services. 13
a. Division of Human Resources Management. 14
b. Division of Fiscal Management. 15
c. Division of Professional Development and Organizational 16
Management. 17
d. Division of Information Technology and Support Services. 18
3. Office of Inspector General. 19
(b) Department of Workplace Standards. 20
1. Division of Occupational Safety and Health Compliance. 21
2. Division of Occupational Safety and Health Education and 22
Training. 23
3. Division of Wages and Hours. 24
(c) Department of Workers' Claims. 25
1. Division of Workers' Compensation Funds. 26
2. Office of Administrative Law Judges. 27 UNOFFICIAL COPY 22 RS BR 1649
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3. Division of Claims Processing. 1
4. Division of Security and Compliance. 2
5. Division of Information Services. 3
6. Division of Specialist and Medical Services. 4
7. Workers' Compensation Board. 5
(d) Workers' Compensation Funding Commission. 6
(e) Occupational Safety and Health Standards Board. 7
(f) State Labor Relations Board. 8
(g) Employers' Mutual Insurance Authority. 9
(h) Kentucky Occupational Safety and Health Review Commission. 10
(i) Workers' Compensation Nominating Committee. 11
(6) Transportation Cabinet: 12
(a) Department of Highways. 13
1. Office of Project Development. 14
2. Office of Project Delivery and Preservation. 15
3. Office of Highway Safety. 16
4. Highway District Offices One through Twelve. 17
(b) Department of Vehicle Regulation. 18
(c) Department of Aviation. 19
(d) Department of Rural and Municipal Aid. 20
1. Office of Local Programs. 21
2. Office of Rural and Secondary Roads. 22
(e) Office of the Secretary. 23
1. Office of Public Affairs. 24
2. Office for Civil Rights and Small Business Development. 25
3. Office of Budget and Fiscal Management. 26
4. Office of Inspector General. 27 UNOFFICIAL COPY 22 RS BR 1649
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5. Secretary's Office of Safety. 1
(f) Office of Support Services. 2
(g) Office of Transportation Delivery. 3
(h) Office of Audits. 4
(i) Office of Human Resource Management. 5
(j) Office of Information Technology. 6
(k) Office of Legal Services. 7
(7) Cabinet for Economic Development: 8
(a) Office of the Secretary. 9
1. Office of Legal Services. 10
2. Department for Business Development. 11
3. Department for Financial Services. 12
a. Kentucky Economic Development Finance Authority. 13
b. Finance and Personnel Division. 14
c. IT and Resource Management Division. 15
d. Compliance Division. 16
e. Incentive Administration Division. 17
f. Bluegrass State Skills Corporation. 18
4. Office of Marketing and Public Affairs. 19
a. Communications Division. 20
b. Graphics Design Division. 21
5. Office of Workforce, Community Development, and Research. 22
6. Office of Entrepreneurship and Small Business Innovation. 23
a. Commission on Small Business Innovation and Advocacy. 24
(8) Cabinet for Health and Family Services: 25
(a) Office of the Secretary. 26
1. Office of the Ombudsman and Administrative Review. 27 UNOFFICIAL COPY 22 RS BR 1649
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2. Office of Public Affairs. 1
3. Office of Legal Services. 2
4. Office of Inspector General. 3
5. Office of Human Resource Management. 4
6. Office of Finance and Budget. 5
7. Office of Legislative and Regulatory Affairs. 6
8. Office of Administrative Services. 7
9. Office of Application Technology Services. 8
10. Office of Data Analytics. 9
(b) Department for Public Health. 10
(c) Department for Medicaid Services. 11
(d) Department for Behavioral Health, Developmental and Intellectual 12
Disabilities. 13
(e) Department for Aging and Independent Living. 14
(f) Department for Community Based Services. 15
(g) Department for Income Support. 16
(h) Department for Family Resource Centers and Volunteer Services. 17
(i) Office for Children with Special Health Care Needs. 18
[(j) Office of Health Data and Analytics.] 19
(9) Finance and Administration Cabinet: 20
(a) Office of the Secretary. 21
(b) Office of the Inspector General. 22
(c) Office of Legislative and Intergovernmental Affairs. 23
(d) Office of General Counsel. 24
(e) Office of the Controller. 25
(f) Office of Administrative Services. 26
(g) Office of Policy and Audit. 27 UNOFFICIAL COPY 22 RS BR 1649
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(h) Department for Facilities and Support Services. 1
(i) Department of Revenue. 2
(j) Commonwealth Office of Technology. 3
(k) State Property and Buildings Commission. 4
(l) Office of Equal Employment Opportunity and Contract Compliance. 5
(m) Kentucky Employees Retirement Systems. 6
(n) Commonwealth Credit Union. 7
(o) State Investment Commission. 8
(p) Kentucky Housing Corporation. 9
(q) Kentucky Local Correctional Facilities Construction Authority. 10
(r) Kentucky Turnpike Authority. 11
(s) Historic Properties Advisory Commission. 12
(t) Kentucky Higher Education Assistance Authority. 13
(u) Kentucky River Authority. 14
(v) Kentucky Teachers' Retirement System Board of Trustees. 15
(w) Executive Branch Ethics Commission. 16
(10) Tourism, Arts and Heritage Cabinet: 17
(a) Kentucky Department of Tourism. 18
1. Division of Tourism Services. 19
2. Division of Marketing and Administration. 20
3. Division of Communications and Promotions. 21
(b) Kentucky Department of Parks. 22
1. Division of Information Technology. 23
2. Division of Human Resources. 24
3. Division of Financial Operations. 25
4. Division of Facilities Management. 26
5. Division of Facilities Maintenance. 27 UNOFFICIAL COPY 22 RS BR 1649
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6. Division of Customer Services. 1
7. Division of Recreation. 2
8. Division of Golf Courses. 3
9. Division of Food Services. 4
10. Division of Rangers. 5
11. Division of Resort Parks. 6
12. Division of Recreational Parks and Historic Sites. 7
(c) Department of Fish and Wildlife Resources. 8
1. Division of Law Enforcement. 9
2. Division of Administrative Services. 10
3. Division of Engineering, Infrastructure, and Technology. 11
4. Division of Fisheries. 12
5. Division of Information and Education. 13
6. Division of Wildlife. 14
7. Division of Marketing. 15
(d) Kentucky Horse Park. 16
1. Division of Support Services. 17
2. Division of Buildings and Grounds. 18
3. Division of Operational Services. 19
(e) Kentucky State Fair Board. 20
1. Office of Administrative and Information Technology Services. 21
2. Office of Human Resources and Access Control. 22
3. Division of Expositions. 23
4. Division of Kentucky Exposition Center Operations. 24
5. Division of Kentucky International Convention Center. 25
6. Division of Public Relations and Media. 26
7. Division of Venue Services. 27 UNOFFICIAL COPY 22 RS BR 1649
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8. Division of Personnel Management and Staff Development. 1
9. Division of Sales. 2
10. Division of Security and Traffic Control. 3
11. Division of Information Technology. 4
12. Division of the Louisville Arena. 5
13. Division of Fiscal and Contract Management. 6
14. Division of Access Control. 7
(f) Office of the Secretary. 8
1. Office of Finance. 9
2. Office of Government Relations and Administration. 10
(g) Office of Legal Affairs. 11
(h) Office of Human Resources. 12
(i) Office of Public Affairs and Constituent Services. 13
(j) Office of Arts and Cultural Heritage. 14
(k) Kentucky African-American Heritage Commission. 15
(l) Kentucky Foundation for the Arts. 16
(m) Kentucky Humanities Council. 17
(n) Kentucky Heritage Council. 18
(o) Kentucky Arts Council. 19
(p) Kentucky Historical Society. 20
1. Division of Museums. 21
2. Division of Oral History and Educational Outreach. 22
3. Division of Research and Publications. 23
4. Division of Administration. 24
(q) Kentucky Center for the Arts. 25
1. Division of Governor's School for the Arts. 26
(r) Kentucky Artisans Center at Berea. 27 UNOFFICIAL COPY 22 RS BR 1649
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(s) Northern Kentucky Convention Center. 1
(t) Eastern Kentucky Exposition Center. 2
(11) Personnel Cabinet: 3
(a) Office of the Secretary. 4
(b) Department of Human Resources Administration. 5
(c) Office of Employee Relations. 6
(d) Kentucky Public Employees Deferred Compensation Authority. 7
(e) Office of Administrative Services. 8
(f) Office of Legal Services. 9
(g) Governmental Services Center. 10
(h) Department of Employee Insurance. 11
(i) Office of Diversity, Equality, and Training. 12
(j) Office of Public Affairs. 13
III. Other departments headed by appointed officers: 14
(1) Council on Postsecondary Education. 15
(2) Department of Military Affairs. 16
(3) Department for Local Government. 17
(4) Kentucky Commission on Human Rights. 18
(5) Kentucky Commission on Women. 19
(6) Department of Veterans' Affairs. 20
(7) Kentucky Commission on Military Affairs. 21
(8) Office of Minority Empowerment. 22
(9) Governor's Council on Wellness and Physical Activity. 23
(10) Kentucky Communications Network Authority. 24
Section 2. KRS 194A.030 is amended to read as follows: 25
The cabinet consists of the following major organizational units, which are hereby 26
created: 27 UNOFFICIAL COPY 22 RS BR 1649
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(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 1
of the Ombudsman and Administrative Review, an Office of Legal Services, an 2
Office of Inspector General, an Office of Public Affairs, an Office of Human 3
Resource Management, an Office of Finance and Budget, an Office of Legislative 4
and Regulatory Affairs, an Office of Administrative Services, [and ]an Office of 5
Application Technology Services, and an Office of Data Analytics, as follows: 6
(a) The Office of the Ombudsman and Administrative Review shall be headed by 7
an executive director who shall be appointed by the secretary with the 8
approval of the Governor under KRS 12.050 and shall: 9
1. Investigate, upon complaint or on its own initiative, any administrative 10
act of an organizational unit, employee, or contractor of the cabinet, 11
without regard to the finality of the administrative act. Organizational 12
units, employees, or contractors of the cabinet shall not willfully 13
obstruct an investigation, restrict access to records or personnel, or 14
retaliate against a complainant or cabinet employee; 15
2. Make recommendations that resolve citizen complaints and improve 16
governmental performance and may require corrective action when 17
policy violations are identified; 18
3. Provide evaluation and information analysis of cabinet performance and 19
compliance with state and federal law; 20
4. Place an emphasis on research and best practices, program 21
accountability, quality service delivery, and improved governmental 22
performance; 23
5. Provide information on how to contact the office for public posting at all 24
offices where Department for Community Based Services employees or 25
contractors work, at any facility where a child in the custody of the 26
cabinet resides, and to all cabinet or contracted foster parents; 27 UNOFFICIAL COPY 22 RS BR 1649
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6. Report to the Office of Inspector General for review and investigation 1
any charge or case against an employee of the Cabinet for Health and 2
Family Services where it has cause to believe the employee has engaged 3
in dishonest, unethical, or illegal conduct or practices related to his or 4
her job duties; or any violation of state law or administrative regulation 5
by any organization or individual regulated by, or contracted with the 6
cabinet; 7
7. Compile a report of all citizen complaints about programs or services of 8
the cabinet and a summary of resolution of the complaints and submit 9
the report upon request to the Child Welfare Oversight and Advisory 10
Committee established in KRS 6.943, and the Interim Joint Committee 11
on Health and Welfare and Family Services; 12
8. Include oversight of administrative hearings; and 13
9. Provide information to the Office of the Attorney General, when 14
requested, related to substantiated violations of state law against an 15
employee, a contractor of the cabinet, or a foster or adoptive parent; 16
(b) The Office of Legal Services shall provide legal advice and assistance to all 17
units of the cabinet in any legal action in which it may be involved. The Office 18
of Legal Services shall employ all attorneys of the cabinet who serve the 19
cabinet in the capacity of attorney, giving legal advice and opinions 20
concerning the operation of all programs in the cabinet. The Office of Legal 21
Services shall be headed by a general counsel who shall be appointed by the 22
secretary with the approval of the Governor under KRS 12.050 and 12.210. 23
The general counsel shall be the chief legal advisor to the secretary and shall 24
be directly responsible to the secretary. The Attorney General, on the request 25
of the secretary, may designate the general counsel as an assistant attorney 26
general under the provisions of KRS 15.105; 27 UNOFFICIAL COPY 22 RS BR 1649
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(c) The Office of Inspector General shall be headed by an inspector general who 1
shall be appointed by the secretary with the approval of the Governor. The 2
inspector general shall be directly responsible to the secretary. The Office of 3
Inspector General shall be responsible for: 4
1. The conduct of audits and investigations for detecting the perpetration of 5
fraud or abuse of any program by any client, or by any vendor of 6
services with whom the cabinet has contracted; and the conduct of 7
special investigations requested by the secretary, commissioners, or 8
office heads of the cabinet into matters related to the cabinet or its 9
programs; 10
2. Licensing and regulatory functions as the secretary may delegate; 11
3. Review of health facilities participating in transplant programs, as 12
determined by the secretary, for the purpose of determining any 13
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 14
4. The duties, responsibilities, and authority pertaining to the certificate of 15
need functions and the licensure appeals functions, pursuant to KRS 16
Chapter 216B;[ and] 17
5. The notification and forwarding of any information relevant to possible 18
criminal violations to the appropriate prosecuting authority; 19
6. The oversight of the operations of the Kentucky Health Information 20
Exchange; and 21
7. The support and guidance to health care providers related to 22
telehealth services including the development of policy, standards, 23
resources, and education to expand telehealth services across the 24
Commonwealth; 25
(d) The Office of Public Affairs shall be headed by an executive director 26
appointed by the secretary with the approval of the Governor in accordance 27 UNOFFICIAL COPY 22 RS BR 1649
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with KRS 12.050. The office shall provide information to the public and news 1
media about the programs, services, and initiatives of the cabinet; 2
(e) The Office of Human Resource Management shall be headed by an executive 3
director appointed by the secretary with the approval of the Governor in 4
accordance with KRS 12.050. The office shall coordinate, oversee, and 5
execute all personnel, training, and management functions of the cabinet. The 6
office shall focus on the oversight, development, and implementation of 7
quality improvement services; curriculum development and delivery of 8
instruction to staff; the administration, management, and oversight of training 9
operations; health, safety, and compliance training; and equal employment 10
opportunity compliance functions; 11
(f) The Office of Finance and Budget shall be headed by an executive director 12
appointed by the secretary with the approval of the Governor in accordance 13
with KRS 12.050. The office shall provide central review and oversight of 14
budget, contract, and cabinet finances. The office shall provide coordination, 15
assistance, and support to program departments and independent review and 16
analysis on behalf of the secretary; 17
(g) The Office of Legislative and Regulatory Affairs shall be headed by an 18
executive director appointed by the secretary with the approval of the 19
Governor in accordance with KRS 12.050. The office shall provide central 20
review and oversight of legislation, policy, and administrative regulations. 21
The office shall provide coordination, assistance, and support to program 22
departments and independent review and analysis on behalf of the secretary; 23
(h) The Office of Administrative Services shall be headed by an executive 24
director appointed by the secretary with the approval of the Governor in 25
accordance with KRS 12.050. The office shall provide central review and 26
oversight of procurement, general accounting including grant monitoring, and 27 UNOFFICIAL COPY 22 RS BR 1649
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facility management. The office shall provide coordination, assistance, and 1
support to program departments and independent review and analysis on 2
behalf of the secretary;[ and] 3
(i) The Office of Application Technology Services shall be headed by an 4
executive director appointed by the secretary with the approval of the 5
Governor in accordance with KRS 12.050. The office shall provide 6
application technology services including central review and oversight. The 7
office shall provide coordination, assistance, and support to program 8
departments and independent review and analysis on behalf of the secretary 9
and 10
(j) The Office of Data Analytics shall be headed by an executive director who 11
shall be appointed by the secretary with the approval of the Governor under 12
KRS 12.050 and shall identify and innovate strategic initiatives to inform 13
public policy initiatives and provide opportunities for improved health 14
outcomes for all Kentuckians through data analytics. The office shall 15
provide leadership in the redesign of the health care delivery system using 16
electronic information technology to improve patient care and reduce 17
medical errors and duplicative services; 18
(2) Department for Medicaid Services. The Department for Medicaid Services shall 19
serve as the single state agency in the Commonwealth to administer Title XIX of the 20
Federal Social Security Act. The Department for Medicaid Services shall be headed 21
by a commissioner for Medicaid services, who shall be appointed by the secretary 22
with the approval of the Governor under KRS 12.050. The commissioner for 23
Medicaid services shall be a person who by experience and training in 24
administration and management is qualified to perform the duties of this office. The 25
commissioner for Medicaid services shall exercise authority over the Department 26
for Medicaid Services under the direction of the secretary and shall only fulfill those 27 UNOFFICIAL COPY 22 RS BR 1649
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responsibilities as delegated by the secretary; 1
(3) Department for Public Health. The Department for Public Health shall develop and 2
operate all programs of the cabinet that provide health services and all programs for 3
assessing the health status of the population for the promotion of health and the 4
prevention of disease, injury, disability, and premature death. This shall include but 5
not be limited to oversight of the Division of Women's Health. The Department for 6
Public Health shall be headed by a commissioner for public health who shall be 7
appointed by the secretary with the approval of the Governor under KRS 12.050. 8
The commissioner for public health shall be a duly licensed physician who by 9
experience and training in administration and management is qualified to perform 10
the duties of this office. The commissioner shall advise the head of each major 11
organizational unit enumerated in this section on policies, plans, and programs 12
relating to all matters of public health, including any actions necessary to safeguard 13
the health of the citizens of the Commonwealth. The commissioner shall serve as 14
chief medical officer of the Commonwealth. The commissioner for public health 15
shall exercise authority over the Department for Public Health under the direction of 16
the secretary and shall only fulfill those responsibilities as delegated by the 17
secretary; 18
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 19
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 20
develop and administer programs for the prevention of mental illness, intellectual 21
disabilities, brain injury, developmental disabilities, and substance use[abuse] 22
disorders and shall develop and administer an array of services and support for the 23
treatment, habilitation, and rehabilitation of persons who have a mental illness or 24
emotional disability, or who have an intellectual disability, brain injury, 25
developmental disability, or a substance use[abuse] disorder. The Department for 26
Behavioral Health, Developmental and Intellectual Disabilities shall be headed by a 27 UNOFFICIAL COPY 22 RS BR 1649
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commissioner for behavioral health, developmental and intellectual disabilities who 1
shall be appointed by the secretary with the approval of the Governor under KRS 2
12.050. The commissioner for behavioral health, developmental and intellectual 3
disabilities shall be by training and experience in administration and management 4
qualified to perform the duties of the office. The commissioner for behavioral 5
health, developmental and intellectual disabilities shall exercise authority over the 6
department under the direction of the secretary, and shall only fulfill those 7
responsibilities as delegated by the secretary; 8
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, 9
and authority set out in KRS 200.460 to 200.490 shall be performed by the office. 10
The office shall advocate the rights of children with disabilities and, to the extent 11
that funds are available, shall ensure the administration of services for children with 12
disabilities as are deemed appropriate by this office pursuant to Title V of the Social 13
Security Act. The office may promulgate administrative regulations under KRS 14
Chapter 13A as may be necessary to implement and administer its responsibilities. 15
The duties, responsibilities, and authority of the Office for Children with Special 16
Health Care Needs shall be performed through the office of the executive director. 17
The executive director shall be appointed by the secretary with the approval of the 18
Governor under KRS 12.050; 19
(6) Department for Family Resource Centers and Volunteer Services. The Department 20
for Family Resource Centers and Volunteer Services shall streamline the various 21
responsibilities associated with the human services programs for which the cabinet 22
is responsible. This shall include, but not be limited to, oversight of the Division of 23
Family Resource and Youth Services Centers and Serve Kentucky. The Department 24
for Family Resource Centers and Volunteer Services shall be headed by a 25
commissioner who shall be appointed by the secretary with the approval of the 26
Governor under KRS 12.050. The commissioner for family resource centers and 27 UNOFFICIAL COPY 22 RS BR 1649
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volunteer services shall be by training and experience in administration and 1
management qualified to perform the duties of the office, shall exercise authority 2
over the department under the direction of the secretary, and shall only fulfill those 3
responsibilities as delegated by the secretary; 4
(7) [The Office of Health Data and Analytics shall identify and innovate strategic 5
initiatives to inform public policy initiatives and provide opportunities for improved 6
health outcomes for all Kentuckians through data analytics. The office shall provide 7
leadership in the redesign of the health care delivery system using electronic 8
information technology as a means to improve patient care and reduce medical 9
errors and duplicative services. The office shall facilitate the purchase of individual 10
and small business health insurance coverage for Kentuckians. The office shall be 11
headed by an executive director appointed by the secretary with the approval of the 12
Governor under KRS 12.050; 13
(8) ]Department for Community Based Services. The Department for Community 14
Based Services shall administer and be responsible for child and adult protection, 15
violence prevention resources, foster care and adoption, permanency, and services 16
to enhance family self-sufficiency, including child care, social services, public 17
assistance, and family support. The department shall be headed by a commissioner 18
appointed by the secretary with the approval of the Governor in accordance with 19
KRS 12.050; 20
(8)[(9)] Department for Income Support. The Department for Income Support shall be 21
responsible for child support enforcement and disability determination. The 22
department shall serve as the state unit as required by Title II and Title XVI of the 23
Social Security Act, and shall have responsibility for determining eligibility for 24
disability for those citizens of the Commonwealth who file applications for 25
disability with the Social Security Administration. The department shall be headed 26
by a commissioner appointed by the secretary with the approval of the Governor in 27 UNOFFICIAL COPY 22 RS BR 1649
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accordance with KRS 12.050; and 1
(9)[(10)] Department for Aging and Independent Living. The Department for Aging and 2
Independent Living shall serve as the state unit as designated by the Administration 3
on Aging Services under the Older Americans Act and shall have responsibility for 4
administration of the federal community support services, in-home services, meals, 5
family and caregiver support services, elder rights and legal assistance, senior 6
community services employment program, the state health insurance assistance 7
program, state home and community based services including home care, 8
Alzheimer's respite services and the personal care attendant program, certifications 9
of assisted living facilities, the state Council on Alzheimer's Disease and other 10
related disorders, and guardianship services. The department shall also administer 11
the Long-Term Care Ombudsman Program and the Medicaid Home and 12
Community Based Waivers Participant Directed Services Option (PDS) Program. 13
The department shall serve as the information and assistance center for aging and 14
disability services and administer multiple federal grants and other state initiatives. 15
The department shall be headed by a commissioner appointed by the secretary with 16
the approval of the Governor in accordance with KRS 12.050. 17
Section 3. KRS 194A.099 is amended to read as follows: 18
(1) The Department for Medicaid Services[Division of Health Benefit Exchange] shall 19
administer the provisions of the Patient Protection and Affordable Care Act of 20
2010, Pub. L. No. 111-148. 21
(2) The Department for Medicaid Services[Division of Health Benefit Exchange] 22
shall: 23
(a) Facilitate enrollment in health coverage and the purchase and sale of qualified 24
health plans in the individual market; 25
(b) Facilitate the ability of eligible individuals to receive premium tax credits and 26
cost-sharing reductions and enable eligible small businesses to receive tax 27 UNOFFICIAL COPY 22 RS BR 1649
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credits, in compliance with all applicable federal and state laws and 1
regulations; 2
(c) Oversee the consumer assistance programs of navigators, in-person assisters, 3
certified application counselors, and insurance agents as appropriate; 4
(d) At a minimum, carry out the functions and responsibilities required pursuant 5
to 42 U.S.C. sec. 18031 to implement and comply with federal regulations in 6
accordance with 42 U.S.C. sec. 18041; and 7
(e) Regularly consult with stakeholders in accordance with 45 C.F.R. sec. 8
155.130. 9
(3) The Department for Medicaid Services[office] may enter into contracts and other 10
agreements with appropriate entities, including but not limited to federal, state, and 11
local agencies, as permitted under 45 C.F.R. sec. 155.110, to the extent necessary to 12
carry out the duties and responsibilities of the department[office], provided that the 13
agreements incorporate adequate protections with respect to the confidentiality of 14
any information to be shared. 15
(4) The Department for Medicaid Services[office] shall pursue all available federal 16
funding for the further development and operation of the Division of Health Benefit 17
Exchange. 18
(5) The Department for Medicaid Services[Office of Health Data and Analytics] shall 19
promulgate administrative regulations in accordance with KRS Chapter 13A to 20
implement this section. 21
(6) The Department for Medicaid Services[office] shall not establish procedures and 22
rules that conflict with or prevent the application of the Patient Protection and 23
Affordable Care Act of 2010, Pub. L. No. 111-148. 24
Section 4. KRS 194A.101 is amended to read as follows: 25
(1) The Office[Division] of Data Analytics is hereby created in the Office of the 26
Secretary[Health Data and Analytics]. The office[division] shall provide oversight 27 UNOFFICIAL COPY 22 RS BR 1649
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and strategic direction and be responsible for coordinating the data analysis 1
initiatives for the various departments that regulate health care and social services to 2
ensure that policy is consistent with the long-term goals across the Commonwealth. 3
(2) The office[division] shall have the authority to review all data requests received by 4
the cabinet from the public, review the requests for content to determine the 5
cabinet's response, and approve the release of the requested information. The 6
office[division] shall review data analyses conducted by the departments within the 7
cabinet to ensure the consistency, quality, and validity of the analysis prior to its use 8
in operational and policy decisions. The office[division] shall facilitate the process 9
of data integration by initiating and maintaining data-sharing agreements in order to 10
improve inter-agency and cross-cabinet collaboration. 11
(3) The Office of [Health ]Data [and ]Analytics shall promulgate administrative 12
regulations in accordance with KRS Chapter 13A to implement this section. 13
Section 5. KRS 194A.103 is amended to read as follows: 14
(1) The Division of Kentucky Health Information Exchange is hereby created in the 15
Office of Inspector General[Health Data and Analytics]. The division shall provide 16
leadership in the redesign of the health care delivery system using electronic 17
information technology as a means to improve patient care and reduce medical 18
errors and duplicative services. 19
(2) The Office of Inspector General[Health Data and Analytics] shall promulgate 20
administrative regulations in accordance with KRS Chapter 13A to implement the 21
provisions of this section. 22
Section 6. KRS 194A.105 is amended to read as follows: 23
There is hereby created a Division of Telehealth Services within the Office of Inspector 24
General[Health Data and Analytics] to be headed by a director appointed by the secretary 25
pursuant to KRS 12.050. The division shall: 26
(1) Provide guidance and direction to healthcare providers delivering care using 27 UNOFFICIAL COPY 22 RS BR 1649
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telehealth; 1
(2) Develop guidance, resources, and education to help promote access to healthcare 2
services in the Commonwealth; 3
(3) Assist the Cabinet for Health and Family Services with the implementation of KRS 4
211.334; and 5
(4) Provide the Department for Medicaid Services with any additional information 6
deemed relevant by the division for inclusion in the report required by KRS 7
211.334(3). 8
Section 7. KRS 211.334 is amended to read as follows: 9
(1) The cabinet, in consultation with the Division of Telehealth Services within the 10
Office of Inspector General[Health Data and Analytics] as established in KRS 11
194A.105, shall: 12
(a) Provide guidance and direction to providers delivering health care services 13
using telehealth or digital health; 14
(b) Promote access to health care services provided via telehealth or digital 15
health; 16
(c) Maintain an online telehealth provider directory for consumer use; and 17
(d) No later than thirty (30) days after June 29, 2021, promulgate administrative 18
regulations in accordance with KRS Chapter 13A to: 19
1. Establish a glossary of telehealth terminology to provide standard 20
definitions for all healthcare providers who deliver health care services 21
via telehealth, all state agencies authorized or required to promulgate 22
administrative regulations relating to telehealth, and all payors; 23
2. Establish minimum requirements for the proper use and security of 24
telehealth, including requirements for confidentiality and data integrity, 25
privacy and security, informed consent, privileging and credentialing, 26
reimbursement, and technology; 27 UNOFFICIAL COPY 22 RS BR 1649
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3. Establish minimum requirements to prevent waste, fraud, and abuse 1
related to telehealth; and 2
4. Maintain the discretion of state agencies authorized or required to 3
promulgate administrative regulations relating to telehealth to establish 4
requirements to authorize, prohibit, or otherwise govern the use of 5
telehealth in accordance with the state agencies' respective jurisdictions. 6
(2) In order to comply with the deadline for the promulgation of administrative 7
regulations established in subsection (1)(d) of this section, the cabinet may 8
promulgate emergency administrative regulations in accordance with KRS 13A.190. 9
(3) The cabinet, in consultation with the Department for Medicaid Services and any 10
managed care organization with whom the department contracts for the delivery of 11
Medicaid services, shall study the impact of telehealth on the health care delivery 12
system in Kentucky and shall submit an annual report to the Legislative Research 13
Commission no later than December 1 of each year. This report shall include 14
analysis of: 15
(a) The economic impact of telehealth on the Medicaid budget, including any 16
costs or savings as a result of decreased transportation expenditures and office 17
or emergency room visits; 18
(b) The quality of care as a result of telehealth services; 19
(c) Reimbursement and delivery of telehealth among all managed care 20
organizations with whom the department contracts for the delivery of 21
Medicaid services; and 22
(d) Any other issues deemed relevant by the cabinet, including any issues or 23
information deemed relevant by the Division of Telehealth Services pursuant 24
to KRS 194A.105(4). 25