Division of Administrative Hearings

Division of Administrative Hearings

The Division of Administrative Hearings provides impartial hearing officers for administrative hearings to resolve disputes concerning benefits, services and actions in a variety of programs administered by the Cabinet for Health and Family Services and governed by state and federal law.

Our mission is to provide a fair, efficient and timely hearing process and to issue decisions consistent with law and regulations.

Hearings

The Health Services Administrative Hearings Branch conducts hearings on:

  • 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 - 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.

History

House Bill 334 enacted by the KY General Assembly in 1994 directed the Cabinet to create the Administrative Hearings Branch to provide administrative judges/hearing officials with special expertise in health care. Judges and hearing officers conduct hearings on appeals of administrative actions by the departments for Medicaid Services; Public Health; Behavioral Health, Developmental and Intellectual Disabilities and Aging and Indpendent Living and offices of Inspector General and Certificate of Need.

In 1996, Executive Order 96-862 reorganized the Cabinet for Human Resources and 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 in Frankfort and statewide depending on the type of case.   

Additional Information

Contact Information

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