RELATES TO:

KRS 194A.050, 211.180

STATUTORY AUTHORITY:

2021 Extra. Sess. Ky. Acts Ch. 5

NECESSITY, FUNCTION, AND CONFORMITY:

2021 Extra. Sess. Ky. Acts Ch. 5 Section 3 requires the Cabinet for Health and Family Services to assist and support all hospitals, licensed health care providers, jails, prisons, homeless shelters, local health departments, and other entities in acquiring a sufficient number of COVID-19 tests. The cabinet is to develop a plan for the statewide distribution of the COVID-19 tests, and to distribute all COVID-19 tests. 2021 Extra. Sess. Ky. Acts Ch. 5 Section 4 requires the cabinet to promulgate an emergency administrative regulation to implement Section 3. This emergency administrative regulation is in fulfillment of this statutory directive.

1. Section 1. COVID-19 Tests Acquisition.

   1. (1) The Kentucky Department for Public Health (KDPH) shall coordinate testing operations in accordance with federal and state requirements.
   2. (2) Federal and state funding shall be made available to support testing operations including the purchase of testing and laboratory supplies.
   3. (3) Request for COVID-19 testing resources, including personnel, equipment, and supplies, shall be made to the State Emergency Operations Center or the State Health Operation Center.
   4. (4) KDPH shall distribute any COVID-19 test available upon request from all hospitals, licensed health care providers, jails, prisons, homeless shelters, local health departments, and other entities.

2. Section 2. COVID-19 Test Distribution in Support of Vulnerable Populations.

   1. (1) In accordance with Ky. Acts Ch. 5 Section 3 the cabinet shall, to the extent supplies and necessary funding is available, and in compliance with existing federal and state statutes and regulations, obtain and distribute BinaxNOW™ antigen test cards to jails, prisons, homeless shelters, local health departments, and other entities serving vulnerable populations;
   2. (2) KDHP will facilitate distribution of tests to eligible entities that have been approved through a standardized resource request process.

FILED WITH LRC: December 9, 2021

CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.