2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 17B - Kentucky Access 17B.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
Governor shall assure broad geographical and ethnic representation as well as
representation from consumers and the major sectors of Kentucky's health
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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.
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, effective June 20, 2005; and ch. 99, sec.
579, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 476, sec. 2, effective
July 14, 2000.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. X, E at 753.
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