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211.474 Operating parameters -- Duties.
The board shall:
(1) Promulgate administrative regulations necessary to carry out the provisions of
KRS 211.470 to 211.478;
(2) Formulate policies and procedures for determining individual eligibility for
assistance from the trust fund in accordance with the following guidelines:
(a) The trust fund shall serve as a funding source of last resort for residents
of the Commonwealth of Kentucky. To be eligible for assistance from the
trust fund, an individual must have exhausted all other funding sources
that cover the type of services sought through the trust fund. Individuals
who have continuing health insurance benefits, including Medicaid, may
access the trust fund for services that are needed but not covered by
insurance or any other funding source. Individuals who qualify for
institutional care through Medicaid shall not qualify for services through
the trust fund;
(b) All individuals receiving assistance from the fund shall receive case
management services;
(c) Expenditures on behalf of any one (1) brain-injured individual may not
exceed fifteen thousand dollars ($15,000) for any twelve (12) month
period, and may not exceed a lifetime maximum of sixty thousand dollars
($60,000). At its discretion and subject to fund availability, the board may
waive the expenditure or time limitations or both in special circumstances;
(d) Services covered by the trust fund shall include:
1.
Case management;
2.
Community residential services;
3.
Structured day program services;
4.
Psychological and mental health services;
5.
Prevocational services;
6.
Supported employment;
7.
Companion services;
8.
Respite care;
9.
Occupational therapy; and
10. Speech and language therapy;
(e) Covered services shall not include institutionalization, hospitalization, or
medications;
(3) Establish a confidential medical registry for traumatic brain and spinal cord
injuries occurring in the Commonwealth of Kentucky, or to residents of the
Commonwealth of Kentucky.
(a) The board may promulgate administrative regulations requiring licensed
or certified professionals or health services providers to report the
occurrence of brain and spinal cord injuries, relevant medical and
epidemiological information about the injuries, and other information
describing the circumstances of the injury to the board or its designated
agent. The reporting of data by licensed hospitals under this section shall
(4)
(5)
(6)
(7)
be limited to that which is reported to the cabinet pursuant to KRS
216.2920 to 216.2929 and the board shall obtain this data from the
cabinet. Each licensed hospital shall grant the board, upon presentation
of proper identification, access to the medical records of patients with
reportable brain and spinal cord injuries for the sole purpose of collecting
additional information that is not available in the data obtained from the
cabinet. All costs associated with copying medical records shall be borne
by the board. No liability of any kind shall arise or be enforced against any
licensed hospital or hospital employee for providing the board access to a
patient's medical record.
(b) The board and its designated agent, if one is appointed, shall observe the
same confidentiality requirements established for the Kentucky birth
surveillance registry in KRS 211.670;
Investigate the needs of brain-injured individuals and identify gaps in current
services;
Assist the cabinet in developing programs for brain-injured individuals;
Monitor and evaluate services provided by the trust fund; and
Provide the Governor, the General Assembly, and the Legislative Research
Commission an annual report by January 1 of each year summarizing the
activities of the board and the trust fund.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 124, sec. 3, effective July 14, 2000. -Created 1998 Ky. Acts ch. 124, sec. 3, effective July 15, 1998.
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