Division of Administrative Hearings
Health Services Administrative Hearings Branch
As part of the effort of the Cabinet for Human Resources to assure effective implementation of House Bill 334 enacted by the Kentucky General Assembly in 1994, the Cabinet established a centralized Administrative Hearings Branch attached to the Office of Personnel and Budget. The Administrative Hearings Branch is to provide administrative law judges/hearing officials trained in administrative law and procedures with subject matter expertise in health care. The ALJ/hearing officer conducts hearings on appeals of administrative actions by the Department for Medicaid Services; Department for Public Health; Department for Mental Health/Mental Retardation; Office of Inspector General, Department for Aging and Indpendent Living and as requested by the secretary of the Cabinet. In addition, ALJs for the Office of Certificate of Need preside over hearings and make decisions on certificate of need applications and related matters.
In 1996, Executive Order 96-862 reorganized the Cabinet for Human Resources into the Cabinet for Health Services and the Cabinet for Families and Children. Under the reorganization, the Administrative Hearings Branch became attached to the Office of Program Support in the Cabinet for Health Services. In 2002, the Office of Program Support was reorganized and the Administrative Hearings Branch became attached to the Division for Quality and Human Resource Management.
A state government reorganization in 2004 merged the Cabinet for Health Services and the Cabinet for Families and Children to create the Cabinet for Health and Family Services. As a result, the Division of Administrative Hearings was created and attached to the Office of Legislative and Public Affairs. Another reorganization in 2008 placed the division in the Office of Communications and Administrative Review.
The division has two branches: the Health Services Administrative Hearings Branch and the Family Support Administrative Hearings Branch.
Health Services Administrative Hearings Branch staff conducts hearings are held in Frankfort and statewide depending on the type of case.
The Health Services Administrative Hearings Branch conducts hearings with regard to the following matters:
Certificate of Need - KRS Chapter 216B and 900 KAR 6:050.
License Revocation - KRS 216B.040 and 900 KAR 6:040.
Long-Term Care Citations and Penalties - KRS 216.557 and 900 KAR 2:020.
Involuntary Transfer and Discharge - KRS 216.525 and 900 KAR 2:060.
Utilization Review (Private Review Agents) Denial or Revocation Hearing Procedure - KRS 211.464 and 906 KAR 1:080, Section 6.
Dispute Resolution Procedure between Private Review Agents and Health Care Providers and Patients - KRS 211.464 and 906 KAR 1:080, Section 8.
Nurse Aide Abuse, Neglect and Misappropriation - KRS 216.865 and 906 KAR 1:100.
Child Care Facility Licensure - KRS 194.050, KRS 199.896, KRS 199.990 and 922 KAR 2:090.
Certification of Family Child Care Homes - KRS 194.050 and 922 KAR 2:100.
Medicaid Reimbursement: Ancillary Therapy and Oxygen Services in Nursing Facilities - 907 KAR 1:023, 907 KAR 1:671.
Medicaid Reimbursement: Payments for Nursing Facility and Intermediate Care Facility for the Mentally Retarded Services - 907 KAR 1:025. 907 KAR 1:671.
Medicaid: Conditions of Medicaid Provider Participation, Withholding, Overpayments - 907 KAR 1:671.
Medicaid Covered Services (recipient or applicant appeals) - 907 KAR 1:563.
Maternal and Child Health (WIC) - KRS 194.050, KRS 211.180 and 902 KAR 4:040.
Disciplinary Appeals Process for Local Health Department Employees - 902 KAR 8:110.
Food and Cosmetics - KRS 194.050 and 902 KAR Chapter 45.
Milk and Milk Products - KRS 194.050 and 902 KAR Chapter 50.
Substance Abuse - KRS 194.050 and 908 KAR Chapter 1.
On-Site Sewage Disposal System Installer Appeals - KRS 194.050, 902 KAR 10:140.