KRS 7A.285: Legislative access to certain cabinet data relating to Medicaid -- Legislative

findings -- Memorandum of understanding relating to data -sharing

requirements.

(1) The General Assembly finds and declares that:

(a) The ability to conduct thorough and systematic evaluations of state agencies

and their various departments, divisions, and programs is necessary to ensure

that the General Assembly has access to factual information necessary to

discharge its legislative duties;

(b) Chief among the General A ssembly's legislative duties is the responsibility to

engage in meaningful legislative oversight of state agencies and their various

departments, divisions, and programs, including but not limited to the Cabinet

for Health and Family Services, the Departme nt for Medicaid Services, and

the Medicaid program;

(c) The General Assembly's legislative duties also include the responsibility to

engage in effective, data -driven, and evidence -based policy making and the

appropriation of funds to provide for the effect ive and efficient administration

of the Medicaid program in a manner that is transparent, responsive to the

health care needs of the Commonwealth's most vulnerable citizens, and

representative of responsible stewardship of taxpayer dollars;

(d) The duty to engage in effective, data -driven, and evidence -based policy

making and the appropriation of funds related to the Medicaid program and

meaningful legislative oversight is only possible when the General Assembly

has immediate and unobstructed access to curr ent and timely data, evidence,

records, and information that may be in the possession of or housed within the

cabinet and its various departments and divisions;

(e) Existing policies and procedures for the acquisition of current and timely data,

evidence, records, and information by the General Assembly from the cabinet

and its various departments and divisions is unnecessarily bureaucratic and

burdensome in nature and frequently results in untimely delays that hinder the

General Assembly's ability to discharge its legislative duties; and

(f) Providing the General Assembly with continuous and ongoing access to data,

evidence, records, and information pertaining to the Medicaid program and

the administration thereof is critical to ensuring that the General As sembly is

able to conduct the thorough and systematic evaluations that are a necessary

precursor to the body's effective and meaningful discharge of its oversight,

policy-making, and appropriation duties.

(2) (a) No later than fourteen (14) calendar days a fter April 14, 2026, the cabinet

shall provide the Commission with a comprehensive and exhaustive list of all

databases, datasets, electronic records, and files pertaining to the Medicaid

program or any aspect thereof that are maintained by or in the posse ssion of

the cabinet or any of its various departments and divisions.

(b) No later than thirty (30) calendar days after April 14, 2026, the director of the

Commission shall provide the cabinet with a list of databases, datasets,

electronic records, and files determined by the director to be necessary for the

meaningful and effec tive discharge of legislative duties, including oversight,

policy making, and the appropriation of funds to provide for the

administration of the Medicaid program by the General Assembly.

(c) No later than July 1, 2026, the cabinet shall provide the Genera l Assembly

with continuous and ongoing access to all databases, datasets, electronic

records, and files determined by the director of the Commission to be

necessary for the meaningful and effective discharge of legislative duties,

including oversight, policy making, and the appropriation of funds to provide

for the administration of the Medicaid program by the General Assembly.

(3) In providing the continuous and ongoing access required under subsection (2) of

this section, the cabinet shall:

(a) Ensure tha t the director of the Commission and any nonpartisan employee

thereof designated by the director have electronic, machine -readable, read -

only, on-demand access at their regular workstations to all databases, datasets,

electronic records, and files determin ed by the director of the Commission to

be necessary for the meaningful and effective discharge of legislative duties

by the General Assembly;

(b) Consult with the director of the Commission and the Kentucky Office of

Information Technology on the manner a nd method by which access is

provided; and

(c) Provide training on methods to access the databases, datasets, electronic

records, and files in a secure manner to the director of the Commission and

any nonpartisan employee thereof designated by the director.

(4) The Commission and the cabinet may enter into a memorandum of understanding

governing the Commission's access to the shared databases, datasets, electronic

records, and files. Any memorandum of understanding that may be entered into

under this subsection:

(a) Shall not preclude or prohibit the Commission from providing information

shared with the Commission under this section to any vendor or entity with

which the Commission may contract for the purpose of analyzing, reviewing,

studying, investigating , or evaluating the Medicaid program or any aspect

thereof, including but not limited to any vendor with which the Commission

may contract pursuant to KRS 7A.286;

(b) May include requirements for otherwise ensuring and maintaining the

confidentiality and s ecurity of all databases, datasets, electronic records, and

files shared with the Commission under this section, including but not limited

to requirements that may be necessary to comply with the Health Insurance

Portability and Accountability Act of 1996, Pub. L. No. 104-191; and

(c) Shall be no more restrictive than any other current memorandum of

understanding between the cabinet and any other entity governing access to

data shared with the Commission under this section.

(5) The list of databases, datasets, electronic records, and files submitted by the director

of the Commission pursuant to subsection (2)(b) of this section may be amended by

the director of the Commission as the needs of the General Assembly change. When

the cabinet is notified of such a n amendment, the cabinet shall ensure that the

Commission is provided with access to any newly requested databases, datasets,

electronic records, or files within thirty (30) calendar days.

(6) (a) In addition to the data-sharing requirements established in subsections (2), (3),

(4), and (5) of this section, the cabinet shall provide the Commission with a

copy of:

1. Any external audit report related to the Medicaid program prepared by

any external federal or state entity, including but not limited to the

federal Centers for Medicare and Medicaid Services, the United States

Department of Health and Human Services Office of the Inspector

General, or the Auditor of Public Accounts;

2. Any report required under 42 C.F.R. sec. 433, or 42 C.F.R. sec. 438

subpart B or E;

3. Any report or data that may be submitted to the cabinet by any vendor or

entity with which the cabinet has contracted for administration,

examination, study, or review of any aspect of the Medicaid program,

including but not limited to:

a. Medicaid managed care capitation rate certifications;

b. Nonemergency medical transportation rate certifications; and

c. Any medical loss ratio reports that require approval by the federal

Centers for Medicare and Medicaid Services; and

4. Any other report or ac tion that requires approval by the federal Centers

for Medicare and Medicaid Services.

(b) All reports required to be provided to the Commission under this subsection

shall be provided within thirty (30) calendar days of the date on which the

report is completed or delivered to the cabinet.