205.6310 Cabinet to establish system to reduce unnecessary hospital emergency room utilization and costs. The Cabinet for Health and Family Services shall establish a system within the Medical Assistance Program to reduce unnecessary hospital emergency room utilization and costs by redefining and controlling hospital emergency utilization. The cabinet shall establish by promulgation of administrative regulations, pursuant to KRS Chapter 13A, the following: (1) Criteria and procedures, at least annually updated, that differentiate children and adults, and which conform to the Federal Emergency Medical Treatment and Active Labor Act (42 U.S.C. sec. 1395dd), as amended, and any other applicable federal law or regulation for determining if a medical emergency exists; (2) Reimbursement rates that provide for nominal reimbursement of emergency room care for care that does not meet the criteria established for a medical emergency; (3) Reimbursement, at rates determined by the cabinet, for ancillary services which, based upon the symptoms of the patient, are medically appropriate to determine if a medical emergency exists; (4) Except for emergency room services rendered to children under the age of six (6), prohibition of reimbursement at hospital emergency room rates for diagnosis and treatment for a condition that does not meet the criteria established for a medical emergency; and (5) The provisions of this section shall apply to any managed care program for Medicaid recipients. The cabinet or its designated peer review organization shall review all claims for payment of nonemergency hospital care and deny payment for any ancillary services determined as not medically appropriate. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 248, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 206, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 512, sec. 72, effective July 15, 1994.