UNOFFICIAL COPY 23 RS SB 65/EN
Page 1 of 4
SB006520.100 - 910 - XXXX 3/16/2023 4:46 PM Engrossed
AN ACT relating to deficient administrative regulations and declaring an 1
emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 4
READ AS FOLLOWS: 5
(1) The General Assembly finds that 803 KAR 1:006, Employer-Employee 6
Relationship, was found deficient but became effective notwithstanding the 7
finding of deficiency pursuant to KRS 13A.330, on or after April 14, 2022, and 8
before March 30, 2023, as evidenced by records of the Legislative Research 9
Commission. 10
(2) Contrary provisions of any section of the Kentucky Revised Statutes 11
notwithstanding, the administrative regulation referenced in subsection (1) of this 12
section, including any subsequently filed amendment, shall be null, void, and 13
unenforceable as of the effective date of this Act. 14
(3) Contrary provisions of any section of the Kentucky Revised Statutes 15
notwithstanding, the administrative body shall be prohibited from promulgating 16
an administrative regulation that is identical to, or substantially the same as, the 17
administrative regulation referenced in subsection (1) of this section for a period 18
beginning on January 3, 2023, and concluding on June 1, 2024. 19
(4) The administrative regulation referenced in subsection (1) of this section shall be 20
available to the public, in the office of the Legislative Research Commission's 21
regulations compiler. 22
SECTION 2. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 23
READ AS FOLLOWS: 24
(1) The General Assembly finds that proposed emergency and ordinary amendments 25
of the following administrative regulations were found deficient pursuant to KRS 26
13A.030, on or after April 14, 2022, and before March 30, 2023, as evidenced by 27 UNOFFICIAL COPY 23 RS SB 65/EN
Page 2 of 4
SB006520.100 - 910 - XXXX 3/16/2023 4:46 PM Engrossed
the records of the Legislative Research Commission: 1
(a) 907 KAR 1:026, Dental Services’ Coverage Provisions and Requirements; 2
(b) 907 KAR 1:038, Hearing Program Coverage Provisions and Requirements; 3
and 4
(c) 907 KAR 1:632, Vision Program Coverage Provisions and Requirements. 5
(2) Contrary provisions of any section of the Kentucky Revised Statutes 6
notwithstanding: 7
(a) The proposed emergency amendments referenced in subsection (1) of this 8
section shall be null, void, and unenforceable as of the effective date of this 9
Act; and 10
(b) 1. If the proposed ordinary amendments referenced in subsection (1) of 11
this section have not been adopted on or before the effective date of 12
this Act, the proposed ordinary amendments shall expire as of the 13
effective date of this Act; or 14
2. If the proposed ordinary amendments referenced in subsection (1) of 15
this section have been adopted on or before the effective date of this 16
Act, the administrative regulations, including any subsequently filed 17
amendments, shall be null, void, and unenforceable as of the effective 18
date of this Act. 19
(3) Contrary provisions of any section of the Kentucky Revised Statutes 20
notwithstanding, the administrative body shall be prohibited from promulgating 21
administrative regulations that are identical to, or substantially the same as, the 22
proposed amendments referenced in subsection (1) of this section for a period 23
beginning on January 3, 2023, and concluding on June 1, 2024. 24
(4) The proposed amendments referenced in subsection (1) of this section shall be 25
available to the public, in the office of the Legislative Research Commission's 26
regulations compiler. 27 UNOFFICIAL COPY 23 RS SB 65/EN
Page 3 of 4
SB006520.100 - 910 - XXXX 3/16/2023 4:46 PM Engrossed
SECTION 3. A NEW SECTION OF KRS CHAPTER 13A IS CREATED TO 1
READ AS FOLLOWS: 2
(1) The General Assembly finds that the proposed emergency amendment of 201 3
KAR 2:380, Board Authorized Protocols, was found deficient pursuant to KRS 4
13A.030, on or after April 14, 2022, and before March 30, 2023, as evidenced by 5
the records of the Legislative Research Commission. 6
(2) Contrary provisions of any section of the Kentucky Revised Statutes 7
notwithstanding, the proposed emergency amendment referenced in subsection 8
(1) of this section shall be null, void, and unenforceable as of the effective date of 9
this Act. 10
(3) Contrary provisions of any section of the Kentucky Revised Statutes 11
notwithstanding, the administrative body shall be prohibited from promulgating 12
an administrative regulation that is identical to, or substantially the same as, the 13
proposed emergency amendment referenced in subsection (1) of this section for a 14
period beginning on January 3, 2023, and concluding on June 1, 2024. 15
(4) The proposed emergency amendment referenced in subsection (1) of this section 16
shall be available to the public, in the office of the Legislative Research 17
Commission's regulations compiler. 18
Section 4. The Department for Medicaid Services shall reimburse providers 19
utilizing the fee schedule in effect as of January 1, 2023, for services rendered or initiated 20
prior to the effective date of this Act. Nothing in Section 2 of this Act shall be construed 21
to prohibit or prevent the Department for Medicaid Services from covering the services 22
that were initiated prior to the effective date of this Act. 23
Section 5. Nothing in Section 2 of this Act shall be construed to prohibit or 24
prevent the Department for Medicaid Services from increasing reimbursement rates after 25
the effective date of this Act for the dental, hearing, and vision services that were covered 26
before January 1, 2023. 27 UNOFFICIAL COPY 23 RS SB 65/EN
Page 4 of 4
SB006520.100 - 910 - XXXX 3/16/2023 4:46 PM Engrossed
Section 6. Whereas it is crucial that the Commonwealth's regulatory policy 1
reflect the statutory intent of the General Assembly, an emergency is declared to exist, 2
and this Act takes effect upon its passage and approval by the Governor or upon its 3
otherwise becoming a law. 4