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211.474 Operating parameters -- Duties.

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Page 1 of 2 211.474 Operating parameters -- Duties. The board shall: <br>(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: <br>(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, <br>an individual must have exhausted all other funding sources that cover the <br>type of services sought through the trust fund. Individuals who have <br>continuing health insurance benefits, including Medicaid, may access the trust <br>fund for services that are needed but not covered by insurance or any other <br>funding source. Individuals who qualify for institutional care through <br>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 (&#36;15,000) for any twelve (12) month period, and may <br>not exceed a lifetime maximum of sixty thousand dollars (&#36;60,000). At its <br>discretion and subject to fund availability, the board may waive the <br>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 <br>of Kentucky. <br>(a) The board may promulgate administrative regulations requiring licensed or certified professionals or health services providers to report the occurrence of <br>brain and spinal cord injuries, relevant medical and epidemiological <br>information about the injuries, and other information describing the Page 2 of 2 circumstances of the injury to the board or its designated agent. The reporting <br>of data by licensed hospitals under this section shall be limited to that which is <br>reported to the cabinet pursuant to KRS 216.2920 to 216.2929 and the board <br>shall obtain this data from the cabinet. Each licensed hospital shall grant the <br>board, upon presentation of proper identification, access to the medical <br>records of patients with reportable brain and spinal cord injuries for the sole <br>purpose of collecting additional information that is not available in the data <br>obtained from the cabinet. All costs associated with copying medical records <br>shall be borne by the board. No liability of any kind shall arise or be enforced <br>against any licensed hospital or hospital employee for providing the board <br>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 <br>registry in KRS 211.670; (4) Investigate the needs of brain-injured individuals and identify gaps in current services; (5) Assist the cabinet in developing programs for brain-injured individuals; <br>(6) Monitor and evaluate services provided by the trust fund; and <br>(7) Provide the Governor, the General Assembly, and the Legislative Research Commission an annual report by January 1 of each year summarizing the activities <br>of the board and the trust fund. Effective: July 14, 2000 <br>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.