{"data":{"id":"us-ky/krs-211.474","jurisdiction":"us-ky","citation":"KRS 211.474","heading":"Operating parameters -- Duties.","body":"The board shall:\n(1) Promulgate administrative regulations necessary to carry out the provisions of KRS\n211.470 to 211.478;\n(2) Formulate policies and procedures for determining individual eligibility for\nassistance from the trust fund in accordance with the following guidelines:\n(a) The trust fund shall serve as a funding source of last resort for residents of the\nCommonwealth of Kentucky. To be eligible for assistance from the trust fund,\nan individual must have exhausted all other funding sources that cover the\ntype of servi ces sought through the trust fund. Individuals who have\ncontinuing health insurance benefits, including Medicaid, may access the trust\nfund for services that are needed but not covered by insurance or any other\nfunding source. Individuals who qualify for i nstitutional care through\nMedicaid shall not qualify for services through the trust fund;\n(b) All individuals receiving assistance from the fund shall receive case\nmanagement services;\n(c) Expenditures on behalf of any one (1) brain-injured individual may not exceed\nfifteen thousand dollars ($15,000) for any twelve (12) month period, and may\nnot exceed a lifetime maximum of sixty thousand dollars ($60,000). At its\ndiscretion and subject to fund availability, the board may waive the\nexpenditure or time limitations or both in special circumstances;\n(d) Services covered by the trust fund shall include:\n1. Case management;\n2. Community residential services;\n3. Structured day program services;\n4. Psychological and mental health services;\n5. Prevocational services;\n6. Supported employment;\n7. Companion services;\n8. Respite care;\n9. Occupational therapy; and\n10. Speech and language therapy;\n(e) Covered services shall not include institutionalization, hospitalization, or\nmedications;\n(3) Establish a confidential medical registry for traumatic brain and spinal cord injuries\noccurring in the Commonwealth of Kentucky, or to residents of the Commonwealth\nof Kentucky.\n(a) The board may promulgate administrative regulations requiring licensed or\ncertified professionals or health services providers to report the occurrence of\nbrain and spinal cord injuries, relevant medical and epidemiological\ninformation about the injuries, and other information describing the\ncircumstances of the injury to the b oard or its designated agent. The reporting\nof data by licensed hospitals under this section shall be limited to that which is\nreported to the cabinet pursuant to KRS 216.2920 to 216.2929 and the board\nshall obtain this data from the cabinet. Each licensed  hospital shall grant the\nboard, upon presentation of proper identification, access to the medical\nrecords of patients with reportable brain and spinal cord injuries for the sole\npurpose of collecting additional information that is not available in the dat a\nobtained from the cabinet. All costs associated with copying medical records\nshall be borne by the board. No liability of any kind shall arise or be enforced\nagainst any licensed hospital or hospital employee for providing the board\naccess to a patient's medical record.\n(b) The board and its designated agent, if one is appointed, shall observe the same\nconfidentiality requirements established for the Kentucky birth surveillance\nregistry in KRS 211.670;\n(4) Investigate the needs of brain -injured individual s and identify gaps in current\nservices;\n(5) Assist the cabinet in developing programs for brain-injured individuals;\n(6) Monitor and evaluate services provided by the trust fund; and\n(7) Provide the Governor, the General Assembly, and the Legislative Rese arch\nCommission an annual report by January 1 of each year summarizing the activities\nof the board and the trust fund.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8414","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:12Z","sha256":"40ec16be5aa0618688c113ff41ae4f1a6e4ef4deb86d6689a4cf744fb4178aea","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.472","next":"us-ky/krs-211.476"},"notice":"GroundRules: Original legal text. Not legal advice."}