Red Tape Reduction Initiative

Governor Bevin has created the Red Tape Reduction Initiative in an effort to review every regulation currently on the books. The goal is to eliminate those regulations deemed unnecessary or duplicative, simplify those considered too complex, and judge each for intent and effectiveness.  www.redtapereduction.net

KAPP Members:  

I have submitted the following regulations for review, with this reasoning and suggestion:

Number of regulations:

• 907 KAR 12:010 and 12:020 Supports for Community Living
• 907 KAR 1:835  Michelle P.
• 907 KAR 3:090 and 3:100  ABI
• 907 KAR 3:210  ABI-LTC
• 907 KAR 1:160 and 170  HCB
• 907 KAR 7:010 and 015 HCB

How is this regulation hurting you or your business?  

KAPP:  Providers have made positive changes in working with Sec. Glisson, Comm. Miller and Anderson in working through some of the burdens and unfunded mandates, however the MWMA (Medicaid Waiver Management Application) requirement throughout the regs is 1) burdensome 2) costly 3) ineffective 4) DOES NOT WORK.  It was developed during the Beshear administration under the former Cabinet secretary by Deloitte, without ANY input from actual stakeholders/users.  

Suggested Solution?  

KAPP:  Remove any reference to MWMA in this regulation and any requirement to utilize it (and all Medicaid Home and Community Based Waiver Regulations).  A task force with ALL stakeholders (PROVIDERS/USERS) should then convene to work on how and if the Deloitte product can work in the future.

I also submitted 907 KAR 7:005, the Certified Waiver Provider Requirements.  I described that while we understand and agree that regulations must be in place (we actually wanted such guidelines on citations, appeal process, moratorium, etc.) our suggestions and public comments were completely ignored.  There is no mechanism for appealing citations, the only thing you can appeal is closure.  Everything is written in a very punitive way, not helpful.  Also, the concept of “voluntary moratorium” is pointless.  It only serves to remove the onus from the Cabinet.  If you don’t put yourself on moratorium, you will be closed.  So, the recommendation I made was to re-open the regulation for true stakeholder input and public comment.