Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 210.400,
210.410,
210.450
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
the Department for Behavioral Health, Developmental and Intellectual
Disabilities within the cabinet.
KRS
210.450 authorizes the secretary of the
cabinet to promulgate administrative regulations governing eligibility of
community behavioral health, developmental and intellectual disability boards
to receive state funds. This administrative regulation establishes the minimum
eligibility requirements for receipt of state funds for community behavioral
health, developmental and intellectual disability programs.
Section 1. Definitions.
(1) "Board of directors" or "board" means the
group of persons vested with the management of the affairs of the corporation
regardless of the name by which the group is designated except as provided in
Section 8 of this administrative regulation.
(2) "Director" means a member of the "board
of directors."
(3) "Articles of
incorporation" means the original or restated articles of incorporation or
articles of consolidation and all amendments, including articles of
merger.
(4) "Bylaws" means the
codes or rules adopted for the administrative regulation or management of the
affairs of the corporation regardless of the names by which the rules are
designated.
Section 2.
Requirements for Recognition. A nonprofit corporation requesting recognition
from the Secretary of the Cabinet as a district behavioral health,
developmental and intellectual disabilities board for the purpose of obtaining
state funds, shall annually submit to the secretary, not later than the first
day of April of the year preceding the fiscal year for which applicant requests
recognition, an application approved by its board of directors, which contains
documentation and agreements satisfying the following requirements:
(1) Articles of incorporation as a nonprofit
corporation in compliance with Kentucky statutes;
(2) Written statement by the applicant that
it shall provide those service prerequisites set forth in
KRS
210.410, and that the services shall be
available to each of the geographic catchment areas, as established by the
Cabinet for Health and Family Services plan, in which the board proposed to
provide service;
(3) Written
agreements to operate in accordance with the administrative regulations and
statutes affecting operations, and to comply with Title VI of the 1964 Federal
Civil Rights Law; and
(4) Articles
of Incorporation or corporate bylaws which meet the requirements of this
administrative regulation as set forth in this subsection:
(a) A provision establishing the location of
a principal office of business of the organization;
(b) A provision declaring the purposes of
organization to include concern for behavioral health, developmental and
intellectual disabilities, alcoholism, drug abuse, or addiction, and the
implementation of all functions set forth in
KRS 210.400
including that the board will act as administrator of the program;
and
(c) A provision setting forth
the organization, duties and powers of the board of directors.
(5) In the interim period between
annual requests for recognition from the cabinet, the board shall submit,
within ten (10) days after adoption, any additions, deletions, and changes in
their articles of incorporation or corporate bylaws;
(6) Following the election of any officer(s)
of the board or selection of any new directors the board shall submit to the
Secretary of the Cabinet for Health and Family Services within ten (10) days
the names and addresses of the above, whenever it shall occur;
(7) If an applicant is not in conformity with
these requirements, the applicant may be authorized to receive state funds for
a probationary period upon assurance of the applicant that it shall bring its
operations, bylaws and Articles of Incorporation into compliance with the
required standards. The duration of the probationary period shall be set by the
Secretary of the Cabinet for Health and Family Services.
Section 3. Membership Criteria for the Board.
(1) All nonprofit behavioral health,
developmental and intellectual disabilities boards shall be appointed in
accordance with
KRS
210.380 and applicable federal regulations.
(a) The provisions of paragraph (b) of this
subsection notwithstanding, an individual board member may represent more than
one (1) category provided, however, in no event shall an individual board
member represent more than three (3) categories as specified in
KRS
210.380 for the purpose of certifying board
composition.
(b) A board shall be
deemed representative of each of the categories, organizations or associations
specified in
KRS
210.380 provided there is on the board one
(1) representative of each category.
(2) The board of a nonprofit corporation,
serving as administrator and not established by a combination of either cities
or counties shall number not less than fifteen (15) nor more than forty (40)
members (except in the case of multiple catchment area boards). The members
shall have demonstrated an interest in behavioral health, developmental and
intellectual disabilities, developmental disabilities, alcoholism, drug abuse
or addiction. At least one-fourth (1/4) of the members shall have indicated
their primary interest as behavioral health, developmental and intellectual
disabilities.
(3) All directors
shall reside within the geographic catchment areas; directors shall be selected
to provide at least one (1) representative from each county
encompassed.
(4) If an applicant
proposes to serve a district containing multiple catchment or grant areas, the
membership requirement of the board of directors shall be as follows:
(a) Not less than fifteen (15) nor more than
forty (40) members.
(b) All
directors selected shall reside within and represent the respective geographic
catchment areas.
(c) The board of
directors shall contain at least one (1) director from each county in each
catchment area.
(5)
One-fourth (1/4) of the membership of the board of directors shall be elected
annually. A maximum of two (2) consecutive four (4) year terms may be served by
any director.
(6) No member of the
immediate family of a board member shall be employed in a service funded by the
board. Immediate family shall be construed to include a spouse, sons,
daughters, mother, father, brothers, sisters, and grandparents. This provision
shall not apply retroactively to the effective date of this administrative
regulation, nor to any person employed prior to the appointment of the board
member.
Section 4.
Conduct of the Board. The board of directors shall:
(1) Meet at least twelve (12) times per year
except that the regional board of a multiple catchment area shall meet at least
six (6) times per year;
(2) Specify
in the minutes of the board an annual meeting date for election of
officers;
(3) Establish quorum
requirements for meeting of the board of directors;
(4) Establish restrictions on compensation of
board members including the prohibition against any board member contracting
with the board to perform personal services; and
(5) Establish procedures for removal of
directors who are excessively absent from board meetings.
(6) Establish procedures for filling of
vacancies at times other than annual meetings including the role of the
nominating committee.
Section
5. Election and Functioning of Officers. The selection and
functioning of officers of the applicant shall include the following:
(1) Designation of the officers of the
applicant.
(2) Specifications of
the duties and terms of officers.
(3) Specifications of the method by which
officers shall be selected, including a requirement that all officers be
elected from the membership of the board of directors.
(4) Designation of dates for the assumption
of duties by officers.
(5) A
restriction prohibiting any board member participating in any matter in which
there is a potential conflict of interest or serving as chairman of more than
one (1) of the standing committees.
Section 6. Standing Committees. The board
shall establish the following standing committees (as a minimum), including a
description of their functions and responsibilities, meeting schedules, and the
procedures for designating their members:
(1)
Executive committee: composed of at least twenty-five (25) percent of the
membership of the board of directors and shall include all officers and
chairmen of standing committees of the board.
(2) Finance committee: composed of at least
the treasurer and three (3) other members of the board.
(3) Personnel committee: composed of at least
twenty (20) percent of the membership of the board. When a board operates
multiple catchment area programs, the personnel committee membership shall
reflect as equal a representation of the catchment areas as is mathematically
possible.
(4) Staff development and
training committee: composed of not less than three (3) nor more than eleven
(11) board members. The committee shall assure implementation and development
of individual and team in-service training in behavioral health, developmental
and intellectual disabilities, alcoholism and drug addiction-related
disciplinary skills.
(5) At the
discretion of the board, the personnel committee and the staff development and
training committee may be combined into a single committee.
(6) Nominating committee: composed of not
less than six (6) persons. The function and responsibility of this committee
shall include ensuring public advertisement of the eligibility criteria and
procedures for nomination for election to the board and the setting of time
schedules for such public announcement. The committee shall present nominations
for one-fourth (1/4) membership of the board (annually or biennially) and shall
present nominations to fill vacancies as they occur. In addition to general
nominating procedures and public advertising the nominating committee shall
establish procedures providing for nominations by petition. Any person not
placed in nomination by the committee but who is qualified, may be placed on
the list of nominees by presenting a petition for nomination signed by
twenty-five (25) registered voters of the region. Applicants shall be allowed
sufficient time to prepare and execute petitions prior to the date of the
election and after initial public advertising has been placed. The board shall
vote on a petitioning nominee as well as on the slate placed nomination by the
committee.
(7) Program planning and
evaluation committee. In single catchment areas, the composition shall be at
least four (4) board members. In multiple catchment areas, the composition
shall be the chairmen of the catchment area boards and at least four (4) other
board members. The committee shall function as the overall committee concerned
with the efficacy of the existing program and the future service needs of the
regional programs in behavioral health, developmental and intellectual
disabilities, alcoholism and drug abuse education and treatment, and the
relationship of the regional program to the regional community.
Section 7. Special and Ad Hoc
Committees. Intermittently the board may establish special or ad hoc committees
it shall deem advisable and shall specify the charge and function of the
committees.
Section 8. Catchment
Area Boards. If more than one (1) catchment area program shall be administered
by a single board of directors, this board may provide for one (1) catchment
area board for each geographic catchment area served. The catchment area board
shall meet at least twelve (12) times per year. Upon provision for catchment
area boards, the single board shall designate itself as the regional behavioral
health, developmental and intellectual disabilities board and shall appoint an
equal number of its members to each separate catchment area board. No more than
twenty-five (25) percent of regional board members appointed to a catchment
area board may reside outside of the catchment area. Each catchment area board
shall, otherwise, be representative of the individuals who reside in the
catchment area, and at least fifty (50) percent of the catchment area board
members shall not be providers of health care. The catchment area board shall
be responsible for establishing general policies for the catchment area
program, approving the budget and expenditure of funds and approving the
selection of the center director. The regional behavioral health, developmental
and intellectual disabilities board shall be responsible for reviewing and
approving the annual plan and budget prepared by a catchment area board and
shall be responsible for all personnel policies, contractual obligations and
insurance of the quality of direct patient services for the entire region. The
catchment area board shall have authority and responsibility as may be
delegated to it by the board. The authority and responsibility may include the
following:
(1) The general and specific
functions and responsibilities of the catchment area board;
(2) The process by which a representative
catchment area board shall be selected and maintained;
(3) The process by which appropriate training
shall be made available to catchment area board members to enhance their
effectiveness;
(4) The
organizational and administrative relationships between the catchment area
board and the center director, the professional advisory council and any
superordinate governing structure;
(5) The procedures the catchment area board
shall utilize to review the center program, the quality of its services and the
results of center evaluation data;
(6) The procedures the catchment area board
shall utilize in reporting and disseminating to the public information on the
center's programs and services; and
(7) The procedures the catchment area board
shall utilize to ensure that the governing body shall have adequate
administrative support and capacity to carry out its functions.
Section 9. State and Federal
Funding. The cabinet may provide state and federal funding to behavioral
health, developmental and intellectual disabilities boards by
contract.
STATUTORY AUTHORITY:
KRS
210.450, EO
2004-726