KRS 212.120: Notice of establishment given Cabinet for Health and Family Services --

Allocation of state funds to districts -- Equalization of allotments --

Modification and cancellation of allotments -- Appropriations not to lapse.

(1) Upon the creation of a coun ty health department, the fiscal court of the county shall

at once notify the Cabinet for Health and Family Services of the action of the county

to create, establish, and maintain a county health department. When the duly

qualified officials of a county ce rtify to the Cabinet for Health and Family Services

a true copy of the order or vote establishing a health department, and providing for

its maintenance, and state the amount of the annual appropriation provided by the

county the Cabinet for Health and Family Services shall make an investigation as to

the necessity of the development of the department, and the adequacy of the

appropriation provided by the county therefor, and shall report its findings to the

Governor.

(2) If the Cabinet for Health and Famil y Services finds that such county health

department has been established in accordance with the provisions of this chapter

and is being maintained, conducted, and operated in accordance with the standards

prescribed by the Cabinet for Health and Family Ser vices, the Cabinet for Health

and Family Services shall, on or before July 1 in each year, allot to each such county

health department such amount that the Cabinet for Health and Family Services

deems to constitute a just and equitable share of all funds a vailable therefor by

appropriation by the General Assembly of this Commonwealth, by grants and gifts

received by this Commonwealth from the government of the United States of

America or any of its agencies or instrumentalities, and from other sources.

Provided, however, that no allotment to any such county health department shall be

less than two thousand five hundred dollars ($2,500).

(3) In determining the allotments referred to in subsection (2) of this section, the

Cabinet for Health and Family Services shall endeavor to provide for a distribution

of the funds in a manner that is reasonably calculated to equalize, so far as

practicable, local health services to the people of all counties served by the county

health departments. The Cabinet for Health and Family Services may take into

consideration variations existing between counties by reasons of difference in

population, resources, industrialization, tax assessments and tax rates, and other

local factors and conditions; the legislative intent being here by declared to be that

counties shall provide, from local sources of revenue that are available or that may

be made available to them, financial support of county health departments to the

extent of their representative abilities.

(4) The Cabinet for Healt h and Family Services may, in its discretion alter or modify

allotments from time to time and shall cancel any allotment whenever it finds that

there is no further need or necessity for a particular county health department for

whose benefit the allotment was made or whenever a particular county health

department for whose benefit an allotment was made is not maintained, operated,

and conducted in accordance with the standards prescribed by the Cabinet for

Health and Family Services. Nothing in this section shall be construed as requiring

the Cabinet for Health and Family Services to allot all funds available for local

health purposes, or as prohibiting the department from allotting such portion

thereof, as the department may determine, to a reserve account which may be

suballotted by the department in such a manner that it considers proper in the event

of emergencies, disaster, or unforeseen events, without regard to the provisions of

subsection (3) of this section.

(5) Notwithstanding the provisions of KRS 45.229 and any other provision of the

Kentucky Revised Statutes, any unexpended or unencumbered balance of any

appropriations made available for allotment and expenditure, as provided above, for

the first fiscal year of each biennium, remaining at the end of such fiscal year, shall

be carried forward and be available for expenditure at any time during the ensuing

fiscal year within the biennium and no portion thereof shall lapse to the general

fund.