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AN ACT relating to creation of the Office of Safer Communities in the Department 1
for Public Health and making an appropriation therefor. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 194A.030 is amended to read as follows: 4
The cabinet consists of the following major organizational units, which are hereby 5
created: 6
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office 7
of the Ombudsman and Administrative Review, an Office of Legal Services, an 8
Office of Inspector General, an Office of Public Affairs, an Office of Human 9
Resource Management, an Office of Finance and Budget, an Office of Legislative 10
and Regulatory Affairs, an Office of Administrative Services, an Office of 11
Application Technology Services and an Office of Data Analytics, as follows: 12
(a) The Office of the Ombudsman and Administrative Review shall be headed by 13
an executive director who shall be appointed by the secretary with the 14
approval of the Governor under KRS 12.050 and shall: 15
1. Investigate, upon complaint or on its own initiative, any administrative 16
act of an organizational unit, employee, or contractor of the cabinet, 17
without regard to the finality of the administrative act. Organizational 18
units, employees, or contractors of the cabinet shall not willfully 19
obstruct an investigation, restrict access to records or personnel, or 20
retaliate against a complainant or cabinet employee; 21
2. Make recommendations that resolve citizen complaints and improve 22
governmental performance and may require corrective action when 23
policy violations are identified; 24
3. Provide evaluation and information analysis of cabinet performance and 25
compliance with state and federal law; 26
4. Place an emphasis on research and best practices, program 27 UNOFFICIAL COPY 23 RS BR 131
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accountability, quality service delivery, and improved governmental 1
performance; 2
5. Provide information on how to contact the office for public posting at all 3
offices where Department for Community Based Services employees or 4
contractors work, at any facility where a child in the custody of the 5
cabinet resides, and to all cabinet or contracted foster parents; 6
6. Report to the Office of Inspector General for review and investigation 7
any charge or case against an employee of the Cabinet for Health and 8
Family Services where it has cause to believe the employee has engaged 9
in dishonest, unethical, or illegal conduct or practices related to his or 10
her job duties; or any violation of state law or administrative regulation 11
by any organization or individual regulated by, or contracted with the 12
cabinet; 13
7. Compile a report of all citizen complaints about programs or services of 14
the cabinet and a summary of resolution of the complaints and submit 15
the report upon request to the Interim Joint Committee on Health and 16
Welfare and Family Services; 17
8. Include oversight of administrative hearings; and 18
9. Provide information to the Office of the Attorney General, when 19
requested, related to substantiated violations of state law against an 20
employee, a contractor of the cabinet, or a foster or adoptive parent; 21
(b) The Office of Legal Services shall provide legal advice and assistance to all 22
units of the cabinet in any legal action in which it may be involved. The 23
Office of Legal Services shall employ all attorneys of the cabinet who serve 24
the cabinet in the capacity of attorney, giving legal advice and opinions 25
concerning the operation of all programs in the cabinet. The Office of Legal 26
Services shall be headed by a general counsel who shall be appointed by the 27 UNOFFICIAL COPY 23 RS BR 131
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secretary with the approval of the Governor under KRS 12.050 and 12.210. 1
The general counsel shall be the chief legal advisor to the secretary and shall 2
be directly responsible to the secretary. The Attorney General, on the request 3
of the secretary, may designate the general counsel as an assistant attorney 4
general under the provisions of KRS 15.105; 5
(c) The Office of Inspector General shall be headed by an inspector general who 6
shall be appointed by the secretary with the approval of the Governor. The 7
inspector general shall be directly responsible to the secretary. The Office of 8
Inspector General shall be responsible for: 9
1. The conduct of audits and investigations for detecting the perpetration of 10
fraud or abuse of any program by any client, or by any vendor of 11
services with whom the cabinet has contracted; and the conduct of 12
special investigations requested by the secretary, commissioners, or 13
office heads of the cabinet into matters related to the cabinet or its 14
programs; 15
2. Licensing and regulatory functions as the secretary may delegate; 16
3. Review of health facilities participating in transplant programs, as 17
determined by the secretary, for the purpose of determining any 18
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 19
4. The duties, responsibilities, and authority pertaining to the certificate of 20
need functions and the licensure appeals functions, pursuant to KRS 21
Chapter 216B; 22
5. The notification and forwarding of any information relevant to possible 23
criminal violations to the appropriate prosecuting authority; 24
6. The oversight of the operations of the Kentucky Health Information 25
Exchange; and 26
7. The support and guidance to health care providers related to telehealth 27 UNOFFICIAL COPY 23 RS BR 131
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services, including the development of policy, standards, resources, and 1
education to expand telehealth services across the Commonwealth; 2
(d) The Office of Public Affairs shall be headed by an executive director 3
appointed by the secretary with the approval of the Governor in accordance 4
with KRS 12.050. The office shall provide information to the public and news 5
media about the programs, services, and initiatives of the cabinet; 6
(e) The Office of Human Resource Management shall be headed by an executive 7
director appointed by the secretary with the approval of the Governor in 8
accordance with KRS 12.050. The office shall coordinate, oversee, and 9
execute all personnel, training, and management functions of the cabinet. The 10
office shall focus on the oversight, development, and implementation of 11
quality improvement services; curriculum development and delivery of 12
instruction to staff; the administration, management, and oversight of training 13
operations; health, safety, and compliance training; and equal employment 14
opportunity compliance functions; 15
(f) The Office of Finance and Budget shall be headed by an executive director 16
appointed by the secretary with the approval of the Governor in accordance 17
with KRS 12.050. The office shall provide central review and oversight of 18
budget, contract, and cabinet finances. The office shall provide coordination, 19
assistance, and support to program departments and independent review and 20
analysis on behalf of the secretary; 21
(g) The Office of Legislative and Regulatory Affairs shall be headed by an 22
executive director appointed by the secretary with the approval of the 23
Governor in accordance with KRS 12.050. The office shall provide central 24
review and oversight of legislation, policy, and administrative regulations. 25
The office shall provide coordination, assistance, and support to program 26
departments and independent review and analysis on behalf of the secretary; 27 UNOFFICIAL COPY 23 RS BR 131
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(h) The Office of Administrative Services shall be headed by an executive 1
director appointed by the secretary with the approval of the Governor in 2
accordance with KRS 12.050. The office shall provide central review and 3
oversight of procurement, general accounting including grant monitoring, and 4
facility management. The office shall provide coordination, assistance, and 5
support to program departments and independent review and analysis on 6
behalf of the secretary; 7
(i) The Office of Application Technology Services shall be headed by an 8
executive director appointed by the secretary with the approval of the 9
Governor in accordance with KRS 12.050. The office shall provide 10
application technology services including central review and oversight. The 11
office shall provide coordination, assistance, and support to program 12
departments and independent review and analysis on behalf of the secretary; 13
and 14
(j) The Office of Data Analytics shall be headed by an executive director who 15
shall be appointed by the secretary with the approval of the Governor under 16
KRS 12.050 and shall identify and innovate strategic initiatives to inform 17
public policy initiatives and provide opportunities for improved health 18
outcomes for all Kentuckians though data analytics. The office shall provide 19
leadership in the redesign of the health care delivery system using electronic 20
information technology to improve patient care and reduce medical errors and 21
duplicative services; 22
(2) Department for Medicaid Services. The Department for Medicaid Services shall 23
serve as the single state agency in the Commonwealth to administer Title XIX of 24
the Federal Social Security Act. The Department for Medicaid Services shall be 25
headed by a commissioner for Medicaid services, who shall be appointed by the 26
secretary with the approval of the Governor under KRS 12.050. The commissioner 27 UNOFFICIAL COPY 23 RS BR 131
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for Medicaid services shall be a person who by experience and training in 1
administration and management is qualified to perform the duties of this office. The 2
commissioner for Medicaid services shall exercise authority over the Department 3
for Medicaid Services under the direction of the secretary and shall only fulfill 4
those responsibilities as delegated by the secretary; 5
(3) Department for Public Health. The Department for Public Health shall develop and 6
operate all programs of the cabinet that provide health services and all programs for 7
assessing the health status of the population for the promotion of health and the 8
prevention of disease, injury, disability, and premature death. This shall include but 9
not be limited to oversight of the Division of Women's Health and the Office of 10
Safer Communities. The Department for Public Health shall be headed by a 11
commissioner for public health who shall be appointed by the secretary with the 12
approval of the Governor under KRS 12.050. The commissioner for public health 13
shall be a duly licensed physician who by experience and training in administration 14
and management is qualified to perform the duties of this office. The commissioner 15
shall advise the head of each major organizational unit enumerated in this section 16
on policies, plans, and programs relating to all matters of public health, including 17
any actions necessary to safeguard the health of the citizens of the Commonwealth. 18
The commissioner shall serve as chief medical officer of the Commonwealth. The 19
commissioner for public health shall exercise authority over the Department for 20
Public Health under the direction of the secretary and shall only fulfill those 21
responsibilities as delegated by the secretary; 22
(4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The 23
Department for Behavioral Health, Developmental and Intellectual Disabilities shall 24
develop and administer programs for the prevention of mental illness, intellectual 25
disabilities, brain injury, developmental disabilities, and substance use disorders 26
and shall develop and administer an array of services and support for the treatment, 27 UNOFFICIAL COPY 23 RS BR 131
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habilitation, and rehabilitation of persons who have a mental illness or emotional 1
disability, or who have an intellectual disability, brain injury, developmental 2
disability, or a substance use disorder. The Department for Behavioral Health, 3
Developmental and Intellectual Disabilities shall be headed by a commissioner for 4
behavioral health, developmental and intellectual disabilities who shall be 5
appointed by the secretary with the approval of the Governor under KRS 12.050. 6
The commissioner for behavioral health, developmental and intellectual disabilities 7
shall be by training and experience in administration and management qualified to 8
perform the duties of the office. The commissioner for behavioral health, 9
developmental and intellectual disabilities shall exercise authority over the 10
department under the direction of the secretary, and shall only fulfill those 11
responsibilities as delegated by the secretary; 12
(5) Office for Children with Special Health Care Needs. The duties, responsibilities, 13
and authority set out in KRS 200.460 to 200.490 shall be performed by the office. 14
The office shall advocate the rights of children with disabilities and, to the extent 15
that funds are available, shall ensure the administration of services for children with 16
disabilities as are deemed appropriate by this office pursuant to Title V of the Social 17
Security Act. The office may promulgate administrative regulations under KRS 18
Chapter 13A as may be necessary to implement and administer its responsibilities. 19
The duties, responsibilities, and authority of the Office for Children with Special 20
Health Care Needs shall be performed through the office of the executive director. 21
The executive director shall be appointed by the secretary with the approval of the 22
Governor under KRS 12.050; 23
(6) Department for Family Resource Centers and Volunteer Services. The Department 24
for Family Resource Centers and Volunteer Services shall streamline the various 25
responsibilities associated with the human services programs for which the cabinet 26
is responsible. This shall include, but not be limited to, oversight of the Division of 27 UNOFFICIAL COPY 23 RS BR 131
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Family Resource and Youth Services Centers and Serve Kentucky. The Department 1
for Family Resource Centers and Volunteer Services shall be headed by a 2
commissioner who shall be appointed by the secretary with the approval of the 3
Governor under KRS 12.050. The commissioner for family resource centers and 4
volunteer services shall be by training and experience in administration and 5
management qualified to perform the duties of the office, shall exercise authority 6
over the department under the direction of the secretary, and shall only fulfill those 7
responsibilities as delegated by the secretary; 8
(7) Department for Community Based Services. The Department for Community Based 9
Services shall administer and be responsible for child and adult protection, violence 10
prevention resources, foster care and adoption, permanency, and services to 11
enhance family self-sufficiency, including child care, social services, public 12
assistance, and family support. The department shall be headed by a commissioner 13
appointed by the secretary with the approval of the Governor in accordance with 14
KRS 12.050; 15
(8) Department for Income Support. The Department for Income Support shall be 16
responsible for child support enforcement and disability determination. The 17
department shall serve as the state unit as required by Title II and Title XVI of the 18
Social Security Act, and shall have responsibility for determining eligibility for 19
disability for those citizens of the Commonwealth who file applications for 20
disability with the Social Security Administration. The department shall be headed 21
by a commissioner appointed by the secretary with the approval of the Governor in 22
accordance with KRS 12.050; and 23
(9) Department for Aging and Independent Living. The Department for Aging and 24
Independent Living shall serve as the state unit as designated by the Administration 25
on Aging Services under the Older Americans Act and shall have responsibility for 26
administration of the federal community support services, in-home services, meals, 27 UNOFFICIAL COPY 23 RS BR 131
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family and caregiver support services, elder rights and legal assistance, senior 1
community services employment program, the state health insurance assistance 2
program, state home and community based services including home care, 3
Alzheimer's respite services and the personal care attendant program, certifications 4
of assisted living facilities, the state Council on Alzheimer's Disease and other 5
related disorders, and guardianship services. The department shall also administer 6
the Long-Term Care Ombudsman Program and the Medicaid Home and 7
Community Based Waivers Participant Directed Services Option (PDS) Program. 8
The department shall serve as the information and assistance center for aging and 9
disability services and administer multiple federal grants and other state initiatives. 10
The department shall be headed by a commissioner appointed by the secretary with 11
the approval of the Governor in accordance with KRS 12.050. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 194A IS CREATED TO 13
READ AS FOLLOWS: 14
(1) As used in this section: 15
(a) "Community violence" means nonfatal injuries, assaults with a firearm, 16
mass shootings, homicides, and other acts of interpersonal violence 17
committed outside the context of a familial or romantic relationship; 18
(b) "Local educational agency" has the same meaning as in 20 U.S.C. 19
7801(30); 20
(c) "Office" means the Office of Safer Communities; and 21
(d) "State educational agency" has the same meaning as in 20 U.S.C. 7801(49). 22
(2) The Office of Safer Communities is hereby established within the Department for 23
Public Health and shall be headed by an executive director appointed by the 24
secretary with the approval of the Governor under KRS 12.050. 25
(3) The Office of Safer Communities shall: 26
(a) Obtain alternative funding sources other than the Commonwealth, 27 UNOFFICIAL COPY 23 RS BR 131
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including gifts, grants, and bequests; 1
(b) Promote or assist in establishing or enhancing community violence 2
intervention and school based mental health programs; 3
(c) Coordinate with existing violence intervention and school based mental 4
health programs to minimize duplication of services; 5
(d) Collect and disseminate data and make recommendations relating to gun 6
violence, policy, and community violence intervention programs and school 7
based mental health programs, from both a public safety and a public 8
health perspective; 9
(e) Create and implement a plan for collection, assessment, and analysis of 10
relevant data, including the: 11
1. Geographic locations of gun violence; 12
2. Nature of gun violence, including: 13
a. Domestic violence; 14
b. Suicide; 15
c. Child abuse; 16
d. Accidental shooting; and 17
e. Community violence; 18
3. Frequency of incidents of gun violence; 19
4. Number of victims of gun violence; and 20
5. Impacts of gun violence by demographic group; 21
(f) Perform other duties relevant to policy development and implementation to 22
support communities impacted by gun violence; 23
(g) Collect and disseminate data and make recommendations relating to school-24
based mental health services in high-need local educational agencies and 25
state educational agencies, including the: 26
1. Impact of the lack of mental health service providers on students; 27 UNOFFICIAL COPY 23 RS BR 131
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2. Ratio of school-based mental health providers to students; 1
3. Retention rate of school-based mental health service providers; and 2
4. Recruitment processes in place for school-based mental health service 3
providers; and 4
(h) Report to the secretary and employ such staff as necessary to perform the 5
duties, functions, and responsibilities of the office; 6
(4) By September 1 of each year, each law enforcement agency and coroner shall 7
report all statistical data involving gun violence for the previous fiscal year to the 8
office. 9
(5) By November 1 of each year, the Office of Safer Communities shall review, 10
approve, and coordinate all proposed and current gun violence intervention 11
programs and projects and school-based mental health programs and projects, 12
that are: 13
(a) Conducted by or receive funding through agencies of the executive branch; 14
and 15
(b) Principally related to the prevention or the reduction of gun violence in the 16
Commonwealth. 17
(6) By November 1 of each year, the office shall submit an annual report outlining 18
the data collected and the office's recommendations regarding gun violence and 19
school-based mental health services and intervention to the Interim Joint 20
Committee on Health, Welfare, and Family Services. 21
(7) The Office of Safer Communities shall promulgate administrative regulations in 22
accordance with KRS Chapter 13A to implement this section. 23
Section 3. Within 90 days of the effective date of this Act, the Office of Safer 24
Communities shall report to the secretary of the Cabinet for Health and Family Services 25
regarding the operations of the office. 26
Section 4. There is hereby appropriated General Fund moneys in the amount of 27 UNOFFICIAL COPY 23 RS BR 131
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$3,000,000 in fiscal year 2023-2024 to the Department for Public Health, Office of Safer 1
Communities for the purposes outlined in Section 2 of this Act. Notwithstanding KRS 2
45.229, the General Fund appropriation shall not lapse and shall carry forward in the 3
Office of Safer Communities. 4
Section 5. In the event the Legislative Research Commission dissolves the 5
Interim Joint Committee on Health, Welfare, and Family Services and establishes another 6
interim joint committee with jurisdiction over health services, the reviser of statutes shall 7
change the name of the interim joint committee in Section 2 of this Act to that interim 8
joint committee. 9