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194A.030 Major organizational units of cabinet.
The cabinet consists of the following major organizational units, which are hereby
created:
(1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office
of Communications and Administrative Review, an Office of Legal Services, an
Office of Inspector General, an Office of the Ombudsman, and the Governor's
Office of Electronic Health Information.
(a) The Office of Communications and Administrative Review shall include
oversight of administrative hearings and communications with internal and
external audiences of the cabinet. The Office of Communications and
Administrative Review shall be headed by an executive director who shall be
appointed by the secretary with the approval of the Governor under KRS
12.050.
(b) The Office of Legal Services shall provide legal advice and assistance to all
units of the cabinet in any legal action in which it may be involved. The Office
of Legal Services shall employ all attorneys of the cabinet who serve the
cabinet in the capacity of attorney, giving legal advice and opinions
concerning the operation of all programs in the cabinet. The Office of Legal
Services shall be headed by a general counsel who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050 and 12.210.
The general counsel shall be the chief legal advisor to the secretary and shall
be directly responsible to the secretary. The Attorney General, on the request
of the secretary, may designate the general counsel as an assistant attorney
general under the provisions of KRS 15.105.
(c) The Office of Inspector General shall be responsible for:
1.
The conduct of audits and investigations for detecting the perpetration of
fraud or abuse of any program by any client, or by any vendor of
services with whom the cabinet has contracted; and the conduct of
special investigations requested by the secretary, commissioners, or
office heads of the cabinet into matters related to the cabinet or its
programs;
2.
Licensing and regulatory functions as the secretary may delegate;
3.
Review of health facilities participating in transplant programs, as
determined by the secretary, for the purpose of determining any
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; and
4.
The notification and forwarding of any information relevant to possible
criminal violations to the appropriate prosecuting authority.
The Office of Inspector General shall be headed by an inspector general who
shall be appointed by the secretary with the approval of the Governor. The
inspector general shall be directly responsible to the secretary.
(d) The Office of the Ombudsman shall provide professional support in the
evaluation of programs, including but not limited to quality improvement and
information analysis and reporting, contract monitoring, program monitoring,
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and the development of quality service delivery, and a review and resolution
of citizen complaints about programs or services of the cabinet when those
complaints are unable to be resolved through normal administrative remedies.
The Office of the Ombudsman shall place an emphasis on research and best
practice and program accountability and shall monitor federal compliance.
The Office of the Ombudsman shall be headed by an executive director who
shall be appointed by the secretary with the approval of the Governor in
accordance with KRS 12.050.
(e) The Governor's Office of Electronic Health Information shall provide
leadership in the redesign of the health care delivery system using electronic
information technology as a means to improve patient care and reduce medical
errors and duplicative services. The Governor's Office of Electronic Health
Information shall be headed by an executive director who shall be appointed
by the secretary with the approval of the Governor in accordance with KRS
12.050;
Department for Medicaid Services. The Department for Medicaid Services shall
serve as the single state agency in the Commonwealth to administer Title XIX of the
Federal Social Security Act. The Department for Medicaid Services shall be headed
by a commissioner for Medicaid services, who shall be appointed by the secretary
with the approval of the Governor under KRS 12.050. The commissioner for
Medicaid services shall be a person who by experience and training in
administration and management is qualified to perform the duties of this office. The
commissioner for Medicaid services shall exercise authority over the Department
for Medicaid Services under the direction of the secretary and shall only fulfill those
responsibilities as delegated by the secretary;
Department for Public Health. The Department for Public Health shall develop and
operate all programs of the cabinet that provide health services and all programs for
assessing the health status of the population for the promotion of health and the
prevention of disease, injury, disability, and premature death. This shall include but
not be limited to oversight of the Division of Women's Health. The Department for
Public Health shall be headed by a commissioner for public health who shall be
appointed by the secretary with the approval of the Governor under KRS 12.050.
The commissioner for public health shall be a duly licensed physician who by
experience and training in administration and management is qualified to perform
the duties of this office. The commissioner shall advise the head of each major
organizational unit enumerated in this section on policies, plans, and programs
relating to all matters of public health, including any actions necessary to safeguard
the health of the citizens of the Commonwealth. The commissioner shall serve as
chief medical officer of the Commonwealth. The commissioner for public health
shall exercise authority over the Department for Public Health under the direction of
the secretary and shall only fulfill those responsibilities as delegated by the
secretary;
Department for Behavioral Health, Developmental and Intellectual Disabilities. The
Department for Behavioral Health, Developmental and Intellectual Disabilities shall
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develop and administer programs for the prevention of mental illness, intellectual
disabilities, brain injury, developmental disabilities, and substance abuse disorders
and shall develop and administer an array of services and support for the treatment,
habilitation, and rehabilitation of persons who have a mental illness or emotional
disability, or who have an intellectual disability, brain injury, developmental
disability, or a substance abuse disorder. The Department for Behavioral Health,
Developmental and Intellectual Disabilities shall be headed by a commissioner for
behavioral health, developmental and intellectual disabilities who shall be
appointed by the secretary with the approval of the Governor under KRS 12.050.
The commissioner for behavioral health, developmental and intellectual disabilities
shall be by training and experience in administration and management qualified to
perform the duties of the office. The commissioner for behavioral health,
developmental and intellectual disabilities shall exercise authority over the
department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
Commission for Children with Special Health Care Needs. The duties,
responsibilities, and authority set out in KRS 200.460 to 200.490 shall be performed
by the commission. The commission shall advocate the rights of children with
disabilities and, to the extent that funds are available, shall provide the services and
facilities for children with disabilities as are deemed appropriate by the commission.
The commission shall be composed of seven (7) members appointed by the
Governor to serve a term of office of four (4) years. The commission may
promulgate administrative regulations under KRS Chapter 13A as may be necessary
to implement and administer its responsibilities. The duties, responsibilities, and
authority of the Commission for Children with Special Health Care Needs shall be
performed through the office of the executive director of the commission. The
executive director shall be appointed by the Governor under KRS 12.040, and the
commission may at any time recommend the removal of the executive director upon
filing with the Governor a full written statement of its reasons for removal. The
executive director shall report directly to the Commission for Children with Special
Health Care Needs and serve as the commission's secretary;
Office of Health Policy. The Office of Health Policy shall lead efforts to coordinate
health care policy, including Medicaid, behavioral health, developmental and
intellectual disabilities, mental health services, services for individuals with an
intellectual disability, public health, certificate of need, and health insurance. The
duties, responsibilities, and authority pertaining to the certificate of need functions
and the licensure appeal functions, as set out in KRS Chapter 216B, shall be
performed by this office. The Office of Health Policy shall be headed by an
executive director who shall be appointed by the secretary with the approval of the
Governor pursuant to KRS 12.050;
Department for Family Resource Centers and Volunteer Services. The Department
for Family Resource Centers and Volunteer Services shall streamline the various
responsibilities associated with the human services programs for which the cabinet
is responsible. This shall include, but not be limited to, oversight of the Division of
Family Resource and Youth Services Centers and the Kentucky Commission on
Community Volunteerism and Services. The Department for Family Resource
Centers and Volunteer Services shall be headed by a commissioner who shall be
appointed by the secretary with the approval of the Governor under KRS 12.050.
The commissioner for family resource centers and volunteer services shall be by
training and experience in administration and management qualified to perform the
duties of the office, shall exercise authority over the department under the direction
of the secretary, and shall only fulfill those responsibilities as delegated by the
secretary;
(8) Office of Administrative and Technology Services. The Office of Administrative
and Technology Services shall develop and maintain technology, technology
infrastructure, and information management systems in support of all units of the
cabinet. The office shall have responsibility for properties and facilities owned,
maintained, or managed by the cabinet. The Office of Administrative and
Technology Services shall be headed by an executive director who shall be
appointed by the secretary with the approval of the Governor under KRS 12.050.
The executive director shall exercise authority over the Office of Administrative
and Technology Services under the direction of the secretary and shall only fulfill
those responsibilities as delegated by the secretary;
(9) Office of Human Resource Management. The Office of Human Resource
Management shall coordinate, oversee, and execute all personnel, training, and
management functions of the cabinet. The office shall focus on the oversight,
development, and implementation of quality personnel services; curriculum
development and delivery of instruction to staff; the administration, management,
and oversight of training operations; health, safety, and compliance training; and
equal employment opportunity compliance functions. The office shall be headed by
an executive director appointed by the secretary with the approval of the Governor
in accordance with KRS 12.050;
(10) The Office of Policy and Budget shall provide central review and oversight of
budget, contracts, legislation, policy, grant management, boards and commissions,
and administrative regulations. The office shall provide coordination, assistance,
and support to program departments and independent review and analysis on behalf
of the secretary. The office shall be headed by an executive director appointed by
the secretary with the approval of the Governor in accordance with KRS 12.050;
(11) Department for Community Based Services. The Department for Community Based
Services shall administer and be responsible for child and adult protection, violence
prevention resources, foster care and adoption, permanency, and services to enhance
family self-sufficiency, including child care, social services, public assistance, and
family support. The department shall be headed by a commissioner appointed by the
secretary with the approval of the Governor in accordance with KRS 12.050;
(12) Department for Income Support. The Department for Income Support shall be
responsible for child support enforcement and disability determination. The
department shall serve as the state unit as required by Title II and Title XVI of the
Social Security Act, and shall have responsibility for determining eligibility for
disability for those citizens of the Commonwealth who file applications for
disability with the Social Security Administration. The department shall be headed
by a commissioner appointed by the secretary with the approval of the Governor in
accordance with KRS 12.050; and
(13) Department for Aging and Independent Living. The Department for Aging and
Independent Living shall serve as the state unit as designated by the Administration
on Aging Services under the Older Americans Act and shall have responsibility for
administration of the federal community support services, in-home services, meals,
family and caregiver support services, elder rights and legal assistance, senior
community services employment program, the state health insurance assistance
program, state home and community based services including home care,
Alzheimer's respite services and the personal care attendant program, certifications
of adult day care and assisted living facilities, the state Council on Alzheimer's
Disease and other related disorders, the Institute on Aging, and guardianship
services. The department shall also administer the Long-Term Care Ombudsman
Program and the Medicaid Home and Community Based Waivers Consumer
Directed Option (CDO) Program. The department shall serve as the information and
assistance center for aging and disability services and administer multiple federal
grants and other state initiatives. The department shall be headed by a commissioner
appointed by the secretary with the approval of the Governor in accordance with
KRS 12.050.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. ch. 146, sec. 21, effective July 12, 2012; and 158,
sec. 14, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 161, sec. 28, effective
July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 1, effective June 26, 2007. -Amended 2006 Ky. Acts ch. 172, sec. 5, effective July 12, 2006; and ch. 181, sec. 3,
effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 25, effective June 20,
2005. -- Amended 2003 Ky. Acts ch. 40, sec. 2, effective June 24, 2003. -- Amended
2000 Ky. Acts ch. 6, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch.
426, sec. 4, effective July 15, 1998.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists, Acts ch. 146, which was last enacted by
the General Assembly, prevails under KRS 446.250.
Legislative Research Commission Note (4/19/2007).
A manifest clerical or
typographical error has been corrected by the Reviser of Statutes in the second full
sentence of subsection (2) of this section pursuant to KRS 7.136(1)(h).
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