2016 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 17B - Kentucky Access 304.17B-003 Establishment of Kentucky Health Care Improvement Authority -- Members and meetings -- Programs and expenditure of funds -- Public hearings -- Liabilities.
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304.17B-003 Establishment of Kentucky Health Care Improvement Authority -Members and meetings -- Programs and expenditure of funds -- Public
hearings -- Liabilities.
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There is hereby established the Kentucky Health Care Improvement Authority as an
agency, instrumentality, and political subdivision of the Commonwealth and a
public body corporate and politic with all the powers, duties, and responsibilities
conferred upon it by statute and necessary or convenient to carry out its functions.
The authority shall be administered by a board of fifteen (15) members and is
created to perform the public functions of administering programs financed by the
funds appropriated to the authority in conformance with KRS 304.17B-001 to
304.17B-031 and any terms and conditions established by the General Assembly as
a part of the act appropriating the funds. The members of the board shall consist of
the following:
(a) The commissioner of the Department of Insurance, or the commissioner's
designated representative, who shall serve as chair;
(b) The secretary of the Cabinet for Health and Family Services, or the secretary's
designated representative, who shall serve as vice chair;
(c) Two (2) nonvoting members serving ex officio from the House of
Representatives, one (1) of whom shall be appointed by the Speaker of the
House and one (1) appointed by the minority floor leader, and who shall serve
a term of two (2) years;
(d) Two (2) nonvoting members serving ex officio from the Senate, one (1) of
whom shall be appointed by the President of the Senate and one (1) appointed
by the minority floor leader, and who shall serve a term of two (2) years;
(e) The deans of the University of Louisville School of Medicine and the
University of Kentucky College of Medicine, or their designated
representatives;
(f) The commissioner of the Department for Public Health, or the commissioner's
designated representative;
(g) Two (2) representatives of Kentucky health care providers, who shall be
appointed by the Governor; and
(h) Four (4) citizens at large of the Commonwealth, who shall be appointed by the
Governor.
The terms of office of the initial appointments of the citizen at-large members of the
board shall expire one (1), two (2), three (3), and four (4) years respectively from
the expiration date of the initial appointment. One (1) of the initial terms of the
representatives of health care providers, at least one (1) of whom shall be male and
at least one (1) of whom shall be female, shall be for two (2) years and one (1) shall
be for four (4) years. All succeeding appointments shall be for four (4) years from
the expiration date of the term of the initial appointment. Two (2) of the citizens at
large shall be male and two (2) shall be female. Board members shall serve until
their successors are appointed.
In making private sector and citizen-at-large appointments to the board, the
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Governor shall assure broad geographical and ethnic representation as well as
representation from consumers and the major sectors of Kentucky's health care and
health insurance businesses. Private sector and citizen-at-large members shall serve
without compensation but shall be reimbursed for reasonable and necessary
expenses.
The authority shall establish procedures for accountability, including the review of
expenditures, and develop mechanisms to measure the success of programs that
receive allocated funds in accordance with any criteria or instructions provided by
the General Assembly. The authority shall be attached to the Department of
Insurance for administrative purposes and shall establish advisory boards it deems
appropriate, which shall consist of health insurance consumers, health care
providers, and insurance company representatives, to assist with oversight of fund
expenditures.
Grants and funds obtained under KRS 304.17B-001 to 304.17B-031 shall be used
for expenditures as follows:
(a) Seventy percent (70%) of all moneys in the fund shall be placed into the
Kentucky Access fund for the purpose of funding Kentucky Access;
(b) Twenty percent (20%) of all moneys in the fund shall be spent on a
collaborative partnership between the University of Louisville and the
University of Kentucky dedicated to lung cancer research; and
(c) Ten percent (10%) of all moneys in the fund shall be used to discourage the
use of harmful substances by minors.
The authority shall assure that a public hearing is held on the expenditure of funds
allocated under this section, except for funds allocated to the Kentucky Access
fund. Advertisement of the public hearing shall be published at least once but may
be published two (2) more times, if one (1) publication occurs not less than seven
(7) days nor more than twenty-one (21) days before the scheduled date of the public
hearing. The authority shall submit an annual report to the Governor and the
General Assembly indicating how the funds were used and an evaluation of the
program's effectiveness in health care and access to health insurance for Kentucky
residents.
Neither the authority nor its employees shall be liable for any obligations of any of
the programs established under KRS 304.17B-001 to 304.17B-031. No member or
employee of the authority shall be liable, and no cause of action of any nature may
arise against them, for any act or omission related to the performance of their
powers and duties under KRS 304.17B-001 to 304.17B-031, unless the act or
omission constitutes willful or wanton misconduct. The authority may provide in its
policies and procedures for indemnification of, and legal representation for, its
members and employees.
The authority shall have all the powers necessary or convenient to carry out and
effectuate the purposes and provisions of KRS 304.17B-001 to 304.17B-031,
including, but not limited to, retaining the staff it deems necessary for the proper
performance of its duties.
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The authority shall meet at least quarterly and at other times upon call of the chair
or a majority of the authority.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1274, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 37, sec. 1; and ch. 99, sec. 579, effective June 20, 2005.
-- Created 2000 Ky. Acts ch. 476, sec. 2, effective July 14, 2000.
2016-2018 Budget Reference. See State/Executive Branch Budget, 2016 Ky. Acts ch.
149, Pt. X, (5e) at 1139.
2016-2018 Budget Reference. See State/Executive Branch Budget, 2016 Ky. Acts ch.
149, Pt. X, E at 1142.
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