Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 200.650
- 200.676, 34 C.F.R. Part 99, 34 C.F.R. Part 303, 45 C.F.R. Part 160, 20 U.S.C.
1431 - 1444
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
200.660 requires the Cabinet for Health and
Family Services to administer all funds appropriated to implement provisions of
KRS 200.650
through
200.676,
to enter into contracts with service providers, and to promulgate
administrative regulations. This administrative regulation establishes the
provisions for providing tele-intervention services if a national or state
public health emergency has been declared.
Section
1. Definitions.
(1) "Declared
national or state public health emergency" means a formal declaration by the
President of the United States or the Governor of Kentucky of an extraordinary
event that is determined to constitute a public health risk through the spread
of disease.
(2) "Tele-intervention
service" means early intervention services provided through the internet with
both video and audio features and with the early intervention provider and
family both present in real time.
Section 2. Enhanced Early Intervention
Services in Response to a Declared National or State Public Health Emergency.
(1) Early intervention services and
requirements may be enhanced to allow for tele-intervention services if a
national or state public health emergency has been declared.
(2) Early intervention services that are
otherwise designated as face-to-face in accordance with
902 KAR 30:160
may be provided through tele-intervention with informed parental consent if:
(a) Informed parental consent is obtained
verbally for the purposes of tele-intervention services;
(b) Written consent is received by the point
of entry within ten (10) days of the verbal consent; and
(c) The date verbal consent is obtained is
documented in the child's electronic record.
(3) Each provider utilizing tele-intervention
services shall take all necessary steps to maintain confidentiality with 34
C.F.R. Part 99, 34 C.F.R.
303.402, and 45
C.F.R. Part 160.
(4)
Tele-intervention services shall be reimbursed at the usual and customary rate
as established in
902 KAR
30:200, Section 2.
(5) Tele-intervention services shall revert
to face-to-face service delivery methods following the end of the declared
national or state public health emergency.
STATUTORY AUTHORITY:
KRS
194A.050,
200.660
