KRS 211.474: Operating parameters -- Duties.

The board shall:

(1) Promulgate administrative regulations necessary to carry out the provisions of KRS

211.470 to 211.478;

(2) Formulate policies and procedures for determining individual eligibility for

assistance from the trust fund in accordance with the following guidelines:

(a) The trust fund shall serve as a funding source of last resort for residents of the

Commonwealth of Kentucky. To be eligible for assistance from the trust fund,

an individual must have exhausted all other funding sources that cover the

type of servi ces sought through the trust fund. Individuals who have

continuing health insurance benefits, including Medicaid, may access the trust

fund for services that are needed but not covered by insurance or any other

funding source. Individuals who qualify for i nstitutional care through

Medicaid shall not qualify for services through the trust fund;

(b) All individuals receiving assistance from the fund shall receive case

management services;

(c) Expenditures on behalf of any one (1) brain-injured individual may not exceed

fifteen thousand dollars ($15,000) for any twelve (12) month period, and may

not exceed a lifetime maximum of sixty thousand dollars ($60,000). At its

discretion and subject to fund availability, the board may waive the

expenditure or time limitations or both in special circumstances;

(d) Services covered by the trust fund shall include:

1. Case management;

2. Community residential services;

3. Structured day program services;

4. Psychological and mental health services;

5. Prevocational services;

6. Supported employment;

7. Companion services;

8. Respite care;

9. Occupational therapy; and

10. Speech and language therapy;

(e) Covered services shall not include institutionalization, hospitalization, or

medications;

(3) Establish a confidential medical registry for traumatic brain and spinal cord injuries

occurring in the Commonwealth of Kentucky, or to residents of the Commonwealth

of Kentucky.

(a) The board may promulgate administrative regulations requiring licensed or

certified professionals or health services providers to report the occurrence of

brain and spinal cord injuries, relevant medical and epidemiological

information about the injuries, and other information describing the

circumstances of the injury to the b oard or its designated agent. The reporting

of data by licensed hospitals under this section shall be limited to that which is

reported to the cabinet pursuant to KRS 216.2920 to 216.2929 and the board

shall obtain this data from the cabinet. Each licensed hospital shall grant the

board, upon presentation of proper identification, access to the medical

records of patients with reportable brain and spinal cord injuries for the sole

purpose of collecting additional information that is not available in the dat a

obtained from the cabinet. All costs associated with copying medical records

shall be borne by the board. No liability of any kind shall arise or be enforced

against any licensed hospital or hospital employee for providing the board

access to a patient's medical record.

(b) The board and its designated agent, if one is appointed, shall observe the same

confidentiality requirements established for the Kentucky birth surveillance

registry in KRS 211.670;

(4) Investigate the needs of brain -injured individual s and identify gaps in current

services;

(5) Assist the cabinet in developing programs for brain-injured individuals;

(6) Monitor and evaluate services provided by the trust fund; and

(7) Provide the Governor, the General Assembly, and the Legislative Rese arch

Commission an annual report by January 1 of each year summarizing the activities

of the board and the trust fund.