2025 Kentucky Revised Statutes Chapter 13A - Administrative regulations 13A.3444 Unenforceability of proposed emergency and ordinary amendments of 907 KAR 1:026, 907 KAR 1:038, and 907 KAR 1:632 as of March 29, 2023.
Universal Citation:
KY Rev Stat § 13A.3444 (2025)
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13A.3444 Unenforceability of proposed emergency and ordinary amendments of
907 KAR 1:026, 907 KAR 1:038, and 907 KAR 1:632 as of March 29, 2023.
(1)
(2)
(3)
(4)
The General Assembly finds that proposed emergency and ordinary amendments of
the following administrative regulations were found deficient pursuant to KRS
13A.030, on or after April 14, 2022, and before March 30, 2023, as evidenced by
the records of the Legislative Research Commission:
(a) 907 KAR 1:026, Dental Services’ Coverage Provisions and Requirements;
(b) 907 KAR 1:038, Hearing Program Coverage Provisions and Requirements;
and
(c) 907 KAR 1:632, Vision Program Coverage Provisions and Requirements.
Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding:
(a) The proposed emergency amendments referenced in subsection (1) of this
section shall be null, void, and unenforceable as of March 29, 2023; and
(b) 1.
If the proposed ordinary amendments referenced in subsection (1) of this
section have not been adopted on or before the March 29, 2023, the
proposed ordinary amendments shall expire as of March 29, 2023; or
2.
If the proposed ordinary amendments referenced in subsection (1) of this
section have been adopted on or before March 29, 2023, the
administrative regulations, including any subsequently filed
amendments, shall be null, void, and unenforceable as of March 29,
2023.
Contrary provisions of any section of the Kentucky Revised Statutes
notwithstanding, the administrative body shall be prohibited from promulgating
administrative regulations that are identical to, or substantially the same as, the
proposed amendments referenced in subsection (1) of this section for a period
beginning on January 3, 2023, and concluding on June 1, 2024.
The proposed amendments referenced in subsection (1) of this section shall be
available to the public, in the office of the Legislative Research Commission's
regulations compiler.
Effective: March 29, 2023
History: Created 2023 Ky. Acts ch. 137, sec. 2, effective March 29, 2023.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 127, sec. 4,
provides that: "The Department for Medicaid Services shall reimburse providers
utilizing the fee schedule in effect as of January 1, 2023, for services rendered or
initiated prior to the effective date of this Act. Nothing in Section 2 of this Act [this
statute] shall be construed to prohibit or prevent the Department for Medicaid
Services from covering the services that were initiated prior to the effective date of
this Act."
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 127, sec. 5,
provides that: "Nothing in Section 2 of this Act [this statute] shall be construed to
prohibit or prevent the Department for Medicaid Services from increasing
reimbursement rates after the effective date of this Act for the dental, hearing, and
vision services that were covered before January 1, 2023."
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