UNOFFICIAL COPY 23 RS BR 1403
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AN ACT relating to medical assistance payments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 205.634 is amended to read as follows: 3
(1) [No medical assistance payments shall be made under this chapter to any out-of-4
state health facility or health service providing services within the geographic 5
boundaries of the Commonwealth who does not have a certificate of need if the 6
health facility or health service would be required to obtain a certificate of need 7
under KRS Chapter 216B if the facility or service were located within the 8
geographic boundaries of the Commonwealth. 9
(2) ]The Department for Medicaid Services and the Department for Community Based 10
Services shall not reimburse an out-of-state provider of residential care for children 11
whose care is paid by state general funds or state administered federal funds, unless 12
the Department for Medicaid Services or the Department for Community Based 13
Services or a designated agent thereof has determined that there is no provider 14
within the Commonwealth that is capable and willing to provide comparable 15
services at a comparable cost per child to those that would be delivered by the out-16
of-state provider. An exception may be made if: 17
(a) The identified in-state resource is farther away from the child's parent or 18
guardian than a similar out-of-state resource; or 19
(b) The services offered by the out-of-state resource is deemed by either 20
department or a designated agent thereof to be more appropriate for the 21
individual child than the services offered by the in-state provider. 22
(2)[(3)] Prior to promulgating administrative regulations governing the determination 23
of the availability of providers of residential care within the Commonwealth, the 24
Department for Medicaid Services and the Department for Community Based 25
Services shall establish uniform conditions, requirements, and exceptions for the 26
determination of the availability of providers of residential care within the 27 UNOFFICIAL COPY 23 RS BR 1403
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Commonwealth. 1
(3)[(4)] Each department shall promulgate an administrative regulation in accordance 2
with KRS Chapter 13A that contains the uniform conditions, requirements, and 3
exceptions for the determination of the availability of providers of residential care 4
within the Commonwealth established under subsection (2)[(3)] of this section. 5