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Administrative Regulation Notice
The Department for Public Health filed the following amendments to 902 KAR 2:020 with the Legislative Research Commission (LRC) on April 16, 2022. The amendments to this administrative regulation will be available on the
LRC website soon.
The amendments to 902 KAR 2:020 reduce SARS-CoV-2 laboratory data reporting requirements and explicitly allow healthcare facilities to submit electronic case reports. These changes are in response to changes in the federal Coronavirus Aid, Relief and Economic Security Act and include the following:
- Nucleic Acid Amplification Tests, such as PCR assays, now are the only type SARS-CoV-2 testing for which both positive and negative test results must be reported.
- Only positive antigen test results for SARS-CoV-2 must be reported.
- Reporting requirement eliminated for any SARS-CoV-2 antibody results (positive or negative).
- Healthcare providers may submit electronic case reports through the Kentucky Health Information Exchange in lieu of a faxed case report form. Healthcare providers still are required to submit case reports for patients diagnosed with COVID-19 to the Kentucky Department for Public Health when:
- A COVID-19 diagnosis of a patient for whom a laboratory report is not independently submitted;
- A COVID-19-diagnosed patient is admitted to an inpatient medical facility; or
- COVID-19 is associated with death.
These amendments were filed as both an emergency amendment and an ordinary amendment to allow the changes to take effect immediately.
A public hearing on the emergency administrative regulation will, if requested, be
held on June 27, 2022, at 9 a.m. via Zoom. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing must
notify this agency in writing by June 20, 2022, five work days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Anyone attending virtually will have an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may
submit written comments on this proposed administrative regulation until June 30, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended-after-comments version of the administrative regulation will be made available upon request.
A public hearing on the ordinary administrative regulation will, if requested, be
held on July 25, 2022, at 9 a.m. via Zoom. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing must notify this agency in writing by July 18, 2022, five work days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Anyone attending virtually will have an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may
submit written comments on this proposed administrative regulation until July 31, 2022. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended-after-comments version of the administrative regulation will be made available upon request.
Contact Person: Krista Quarles, Office of Legislative and Regulatory Affairs275 East Main Street 5 W-AFrankfort, KY 40621Phone: (502) 564-6746Fax: (502) 564-7091
Administrative Regulations in Process
902 KAR 30:120