194A.030 Major organizational units of cabinet.
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The cabinet consists of the following major organizational units, which are hereby created:
(1)Office of the Secretary. Within the Office of the Secretary, there shall be an Office
of Legal Services, an Office of Inspector General, an Office of Public Affairs, an
Office of Human Resource Management, an Office of Finance and Budget, an
Office of Legislative and Regulatory Affairs, an Office of Administrative Services,
an Office of Application Technology Services, an Office of Data Analytics, and an
Office of Medical Cannabis as follows:
(a)The Office of Legal Services shall provide legal advice and assistance to all
units of the cabinet in any legal action in which it may be involved. The
Office of Legal Services shall employ all attorneys of the cabinet who serve
the cabinet in the capacity of attorney, giving legal advice and opinions
concerning the operation of all programs in the cabinet. The Office of Legal
Services shall be headed by a general counsel who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050 and 12.210.
The general counsel shall be the chief legal advisor to the secretary and shall
be directly responsible to the secretary. The Attorney General, on the request
of the secretary, may designate the general counsel as an assistant attorney
general under the provisions of KRS 15.105;
(b)The Office of Inspector General shall be headed by an inspector general who
shall be appointed by the secretary with the approval of the Governor. The
inspector general shall be directly responsible to the secretary. The Office of
Inspector General shall be responsible for:
1. The conduct of audits and investigations for detecting the perpetration of
fraud or abuse of any program by any client, or by any vendor of
services with whom the cabinet has contracted; and the conduct of
special investigations requested by the secretary, commissioners, or
office heads of the cabinet into matters related to the cabinet or its
programs;
2. Licensing and regulatory functions as the secretary may delegate;
3. Review of health facilities participating in transplant programs, as
determined by the secretary, for the purpose of determining any
violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963;
4. The duties, responsibilities, and authority pertaining to the certificate of
need functions and the licensure appeals functions, pursuant to KRS
Chapter 216B;
5. The notification and forwarding of any information relevant to possible
criminal violations to the appropriate prosecuting authority;
6. The oversight of the operations of the Kentucky Health Information
Exchange; and
7. The support and guidance to health care providers related to telehealth
services, including the development of policy, standards, resources, and
education to expand telehealth services across the Commonwealth;
(c)The Office of Public Affairs shall be headed by an executive director
appointed by the secretary with the approval of the Governor in accordance
with KRS 12.050. The office shall provide information to the public and news
media about the programs, services, and initiatives of the cabinet;
(d)The Office of Human Resource Management shall be headed by an executive
director appointed by the secretary with the approval of the Governor in
accordance with KRS 12.050. The office shall coordinate, oversee, and
execute all personnel, training, and management functions of the cabinet. The
office shall focus on the oversight, development, and implementation of
quality improvement services; curriculum development and delivery of
instruction to staff; the administration, management, and oversight of training
operations; health, safety, and compliance training; and equal employment
opportunity compliance functions;
(e)The Office of Finance and Budget shall be headed by an executive director
appointed by the secretary with the approval of the Governor in accordance
with KRS 12.050. The office shall provide central review and oversight of
budget, contract, and cabinet finances. The office shall provide coordination,
assistance, and support to program departments and independent review and
analysis on behalf of the secretary;
(f)The Office of Legislative and Regulatory Affairs shall be headed by an
executive director appointed by the secretary with the approval of the
Governor in accordance with KRS 12.050. The office shall provide central
review and oversight of legislation, policy, and administrative regulations.
The office shall provide coordination, assistance, and support to program
departments and independent review and analysis on behalf of the secretary;
(g)The Office of Administrative Services shall be headed by an executive
director appointed by the secretary with the approval of the Governor in
accordance with KRS 12.050. The office shall provide central review and
oversight of procurement, general accounting including grant monitoring, and
facility management. The office shall provide coordination, assistance, and
support to program departments and independent review and analysis on
behalf of the secretary;
(h)The Office of Application Technology Services shall be headed by an
executive director appointed by the secretary with the approval of the
Governor in accordance with KRS 12.050. The office shall provide
application technology services including central review and oversight. The
office shall provide coordination, assistance, and support to program
departments and independent review and analysis on behalf of the secretary;
(i)The Office of Data Analytics shall be headed by an executive director who
shall be appointed by the secretary with the approval of the Governor under
KRS 12.050 and shall identify and innovate strategic initiatives to inform
public policy initiatives and provide opportunities for improved health
outcomes for all Kentuckians though data analytics. The office shall provide
leadership in the redesign of the health care delivery system using electronic
information technology to improve patient care and reduce medical errors and
duplicative services; and
(j)The Office of Medical Cannabis shall be headed by an executive director
appointed by the Governor in accordance with KRS 12.040 and shall
implement, operate, oversee, and regulate the medicinal cannabis program.
The office shall be composed of the Division of Enforcement and Compliance
and the Division of Licensure and Access. Each division in the office shall be
headed by a director appointed by the secretary with the approval of the
Governor in accordance with KRS 12.050.
(2)Department for Medicaid Services. The Department for Medicaid Services shall
serve as the single state agency in the Commonwealth to administer Title XIX of
the Federal Social Security Act. The Department for Medicaid Services shall be
headed by a commissioner for Medicaid services, who shall be appointed by the
secretary with the approval of the Governor under KRS 12.050. The commissioner
for Medicaid services shall be a person who by experience and training in
administration and management is qualified to perform the duties of this office. The
commissioner for Medicaid services shall exercise authority over the Department
for Medicaid Services under the direction of the secretary and shall only fulfill
those responsibilities as delegated by the secretary;
(3)Department for Public Health. The Department for Public Health shall develop and
operate all programs of the cabinet that provide health services and all programs for
assessing the health status of the population for the promotion of health and the
prevention of disease, injury, disability, and premature death. This shall include but
not be limited to oversight of the Division of Women's Health and the Office for
Children with Special Health Care Needs. The duties, responsibilities, and authority
set out in KRS 200.460 to 200.490 shall be performed by the Department for Public
Health. The Department for Public Health shall advocate for the rights of children
with disabilities and, to the extent that funds are available, shall ensure the
administration of services for children with disabilities as are deemed appropriate
by this office pursuant to Title V of the Social Security Act. The Department for
Public Health may promulgate administrative regulations under KRS Chapter 13A
as may be necessary to implement and administer its responsibilities. The Office for
Children with Special Health Care Needs may be headed by an executive director
appointed by the secretary with the approval of the Governor in accordance with
KRS 12.050. The Department for Public Health shall be headed by a commissioner
for public health who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for public health shall be a duly
licensed physician who by experience and training in administration and
management is qualified to perform the duties of this office. The commissioner
shall advise the head of each major organizational unit enumerated in this section
on policies, plans, and programs relating to all matters of public health, including
any actions necessary to safeguard the health of the citizens of the Commonwealth.
The commissioner shall serve as chief medical officer of the Commonwealth. The
commissioner for public health shall exercise authority over the Department for
Public Health under the direction of the secretary and shall only fulfill those
responsibilities as delegated by the secretary;
(4)Department for Behavioral Health, Developmental and Intellectual Disabilities. The
Department for Behavioral Health, Developmental and Intellectual Disabilities shall
develop and administer programs for the prevention of mental illness, intellectual
disabilities, brain injury, developmental disabilities, and substance use disorders
and shall develop and administer an array of services and support for the treatment,
habilitation, and rehabilitation of persons who have a mental illness or emotional
disability, or who have an intellectual disability, brain injury, developmental
disability, or a substance use disorder. The Department for Behavioral Health,
Developmental and Intellectual Disabilities shall be headed by a commissioner for
behavioral health, developmental and intellectual disabilities who shall be
appointed by the secretary with the approval of the Governor under KRS 12.050.
The commissioner for behavioral health, developmental and intellectual disabilities
shall be by training and experience in administration and management qualified to
perform the duties of the office. The commissioner for behavioral health,
developmental and intellectual disabilities shall exercise authority over the
department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
(5)Department for Family Resource Centers and Volunteer Services. The Department
for Family Resource Centers and Volunteer Services shall streamline the various
responsibilities associated with the human services programs for which the cabinet
is responsible. This shall include, but not be limited to, oversight of the Division of
Family Resource and Youth Services Centers and Serve Kentucky. The Department
for Family Resource Centers and Volunteer Services shall be headed by a
commissioner who shall be appointed by the secretary with the approval of the
Governor under KRS 12.050. The commissioner for family resource centers and
volunteer services shall be by training and experience in administration and
management qualified to perform the duties of the office, shall exercise authority
over the department under the direction of the secretary, and shall only fulfill those
responsibilities as delegated by the secretary;
(6)Department for Community Based Services. The Department for Community Based
Services shall administer and be responsible for child and adult protection,
guardianship services, violence prevention resources, foster care and adoption,
permanency, and services to enhance family self-sufficiency, including child care,
social services, public assistance, and family support. The department shall be
headed by a commissioner appointed by the secretary with the approval of the
Governor in accordance with KRS 12.050; and
(7)Department for Aging and Independent Living. The Department for Aging and
Independent Living shall serve as the state unit as designated by the Administration
on Aging Services under the Older Americans Act and shall have responsibility for
administration of the federal community support services, in-home services, meals,
family and caregiver support services, elder rights and legal assistance, senior
community services employment program, the state health insurance assistance
program, state home and community based services including home care,
Alzheimer's respite services and the personal care attendant program, certifications
of assisted living facilities, and the state Council on Alzheimer's Disease and other
related disorders. The department shall also administer the Long-Term Care
Ombudsman Program and the Medicaid Home and Community Based Waivers Participant Directed Services Option
(PDS)Program. The department shall serve as the information and assistance center for aging and disability services and administer multiple federal grants and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.