205.5372 Specific authorization from General Assembly required to exercise state's
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/ky/205-5372A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
option to develop basic health program under federal law or make changes to
eligibility, coverage, or benefits -- Fiscal impact assessment required --
Construction.
(1)Notwithstanding any provision of law to the contrary, including but not limited to
KRS 205.460 and 205.520, the cabinet shall not, unless required by federal law,
exercise the state's option to develop a basic health program as permitted under 42
U.S.C. sec. 18051 or make any change to eligibility, coverage, or benefits in the
Medicaid program, including by pursuing or applying for a waiver of federal
Medicaid law under Title 42 of the United States Code, seeking to amend or renew
an existing waiver granted under Title 42 of the United States Code, or pursuing a
state plan amendment, without first obtaining specific authorization from the
General Assembly to do so.
(2)If the cabinet seeks authorization from the General Assembly to establish a basic
health program, apply for a waiver under Title 42 of the United States Code, amend
an existing waiver granted under Title 42 of the United States Code, submit a state
plan amendment, or make any other change to eligibility, coverage, or benefits in
the Medicaid program, the cabinet shall submit a detailed assessment of the
potential fiscal impact of the change for which it is seeking authorization to the