{"data":{"id":"us-ky/krs-7a.285","jurisdiction":"us-ky","citation":"KRS 7A.285","heading":"Legislative access to certain cabinet data relating to Medicaid -- Legislative","body":"findings -- Memorandum of understanding relating to data -sharing\nrequirements.\n(1) The General Assembly finds and declares that:\n(a) The ability to conduct thorough and  systematic evaluations of state agencies\nand their various departments, divisions, and programs is necessary to ensure\nthat the General Assembly has access to factual information necessary to\ndischarge its legislative duties;\n(b) Chief among the General A ssembly's legislative duties is the responsibility to\nengage in meaningful legislative oversight of state agencies and their various\ndepartments, divisions, and programs, including but not limited to the Cabinet\nfor Health and Family Services, the Departme nt for Medicaid Services, and\nthe Medicaid program;\n(c) The General Assembly's legislative duties also include the responsibility to\nengage in effective, data -driven, and evidence -based policy making and the\nappropriation of funds to provide for the effect ive and efficient administration\nof the Medicaid program in a manner that is transparent, responsive to the\nhealth care needs of the Commonwealth's most vulnerable citizens, and\nrepresentative of responsible stewardship of taxpayer dollars;\n(d) The duty to  engage in effective, data -driven, and evidence -based policy\nmaking and the appropriation of funds related to the Medicaid program and\nmeaningful legislative oversight is only possible when the General Assembly\nhas immediate and unobstructed access to curr ent and timely data, evidence,\nrecords, and information that may be in the possession of or housed within the\ncabinet and its various departments and divisions;\n(e) Existing policies and procedures for the acquisition of current and timely data,\nevidence, records, and information by the General Assembly from the cabinet\nand its various departments and divisions is unnecessarily bureaucratic and\nburdensome in nature and frequently results in untimely delays that hinder the\nGeneral Assembly's ability to discharge its legislative duties; and\n(f) Providing the General Assembly with continuous and ongoing access to data,\nevidence, records, and information pertaining to the Medicaid program and\nthe administration thereof is critical to ensuring that the General As sembly is\nable to conduct the thorough and systematic evaluations that are a necessary\nprecursor to the body's effective and meaningful discharge of its oversight,\npolicy-making, and appropriation duties.\n(2) (a) No later than fourteen (14) calendar days a fter April 14, 2026, the cabinet\nshall provide the Commission with a comprehensive and exhaustive list of all\ndatabases, datasets, electronic records, and files pertaining to the Medicaid\nprogram or any aspect thereof that are maintained by or in the posse ssion of\nthe cabinet or any of its various departments and divisions.\n(b) No later than thirty (30) calendar days after April 14, 2026, the director of the\nCommission shall provide the cabinet with a list of databases, datasets,\nelectronic records, and files determined by the director to be necessary for the\nmeaningful and effec tive discharge of legislative duties, including oversight,\npolicy making, and the appropriation of funds to provide for the\nadministration of the Medicaid program by the General Assembly.\n(c) No later than July 1, 2026, the cabinet shall provide the Genera l Assembly\nwith continuous and ongoing access to all databases, datasets, electronic\nrecords, and files determined by the director of the Commission to be\nnecessary for the meaningful and effective discharge of legislative duties,\nincluding oversight, policy making, and the appropriation of funds to provide\nfor the administration of the Medicaid program by the General Assembly.\n(3) In providing the continuous and ongoing access required under subsection (2) of\nthis section, the cabinet shall:\n(a) Ensure tha t the director of the Commission and any nonpartisan employee\nthereof designated by the director have electronic, machine -readable, read -\nonly, on-demand access at their regular workstations to all databases, datasets,\nelectronic records, and files determin ed by the director of the Commission to\nbe necessary for the meaningful and effective discharge of legislative duties\nby the General Assembly;\n(b) Consult with the director of the Commission and the Kentucky Office of\nInformation Technology on the manner a nd method by which access is\nprovided; and\n(c) Provide training on methods to access the databases, datasets, electronic\nrecords, and files in a secure manner to the director of the Commission and\nany nonpartisan employee thereof designated by the director.\n(4) The Commission and the cabinet may enter into a memorandum of understanding\ngoverning the Commission's access to the shared databases, datasets, electronic\nrecords, and files. Any memorandum of understanding that may be entered into\nunder this subsection:\n(a) Shall not preclude or prohibit the Commission from providing information\nshared with the Commission under this section to any vendor or entity with\nwhich the Commission may contract for the purpose of analyzing, reviewing,\nstudying, investigating , or evaluating the Medicaid program or any aspect\nthereof, including but not limited to any vendor with which the Commission\nmay contract pursuant to KRS 7A.286;\n(b) May include requirements for otherwise ensuring and maintaining the\nconfidentiality and s ecurity of all databases, datasets, electronic records, and\nfiles shared with the Commission under this section, including but not limited\nto requirements that may be necessary to comply with the Health Insurance\nPortability and Accountability Act of 1996, Pub. L. No. 104-191; and\n(c) Shall be no more restrictive than any other current memorandum of\nunderstanding between the cabinet and any other entity governing access to\ndata shared with the Commission under this section.\n(5) The list of databases, datasets, electronic records, and files submitted by the director\nof the Commission pursuant to subsection (2)(b) of this section may be amended by\nthe director of the Commission as the needs of the General Assembly change. When\nthe cabinet is notified of such a n amendment, the cabinet shall ensure that the\nCommission is provided with access to any newly requested databases, datasets,\nelectronic records, or files within thirty (30) calendar days.\n(6) (a) In addition to the data-sharing requirements established in subsections (2), (3),\n(4), and (5) of this section, the cabinet shall provide the Commission with a\ncopy of:\n1. Any external audit report related to the Medicaid program prepared by\nany external federal or state entity, including but not limited to the\nfederal Centers for Medicare and Medicaid Services, the United States\nDepartment of Health and Human Services Office of the Inspector\nGeneral, or the Auditor of Public Accounts;\n2. Any report required under 42 C.F.R. sec. 433, or 42 C.F.R. sec. 438\nsubpart B or E;\n3. Any report or data that may be submitted to the cabinet by any vendor or\nentity with which the cabinet has contracted for administration,\nexamination, study, or review of any aspect of the Medicaid program,\nincluding but not limited to:\na. Medicaid managed care capitation rate certifications;\nb. Nonemergency medical transportation rate certifications; and\nc. Any medical loss ratio reports that require approval by the federal\nCenters for Medicare and Medicaid Services; and\n4. Any other report or ac tion that requires approval by the federal Centers\nfor Medicare and Medicaid Services.\n(b) All reports required to be provided to the Commission under this subsection\nshall be provided within thirty (30) calendar days of the date on which the\nreport is completed or delivered to the cabinet.","path":["KRS Chapter 7A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57036","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:27Z","sha256":"e3170d1dde6f046c81362fc133b415f1c23583b657f16b67de2a00eeeef65c03","source_id":"us-ky","stale":false,"prev":"us-ky/krs-7a.283","next":"us-ky/krs-7a.286"},"notice":"GroundRules: Original legal text. Not legal advice."}