KinderCare - Taylor Mill

85 - Employment Status (922 KAR 2:280 Section 11)

“922 KAR 2:280. Section 11. Status of Employment. (1) A child care provider shall maintain the employment or residential status of each child care staff member who has submitted to a fingerprint- based criminal background check by reporting the status using the NBCP Web-based system.”

845 - Twelve Inch Spacing (922 KAR 2:120 Section 6)

“922 KAR 2:120. Section 6. Sleeping and Napping Requirements. (6) Cots, equipment, and furnishings used for sleeping and napping shall be spaced twelve (12) inches apart to allow free and safe movement by a person.”

840 - Individual Bed/Mat/Cot and Bedding (922 KAR 2:120 Section 6)

“922 KAR 2:120. Section 6. Sleeping and Napping Requirements. (3) Rest time shall occur in an adequate space according to the child’s age as follows: (b) For a toddler or preschool-age child: 1. An individual bed, a two (2) inch thick waterproof mat, or cot in good repair; and 2. Bedding that is in good repair and is changed: a. Weekly; or b. Immediately if it is soiled or wet.”

800 - Protective Surface (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (21) A protective surface shall: (a) Be provided for outdoor play equipment used to: 1. Climb; 2. Swing; and 3. Slide; and (b) Have a fall zone equal to the height of the equipment.”

760 - First Aid Supplies (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (1) First aid supplies shall: (a) Be available to provide prompt and proper first aid treatment; (b) Be stored out of reach of a child; (c) Be periodically inventoried to ensure the supplies have not expired; (d) If reusable, be: 1. Sanitized; and 2. Maintained in a sanitary manner; and (e) Include: 1. Liquid soap; 2. Adhesive bandages; 3. Sterile gauze; 4. Medical tape; 5. Scissors; 6. A thermometer; 7. Flashlight; 8. Cold pack; 9. First aid book; 10. Disposable gloves; and 11. A cardiopulmonary resuscitation mouthpiece protector.”

730 - Diaper Changing Area/Surface (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (10) When a child is diapered, the child shall: (b) Be placed on a surface that is: 1. Clean; 2. Padded; 3. Free of holes, rips, tears, or other damage; 4. Nonabsorbent; 5. Easily cleaned; and 6. Free of any items not used for diaper changing.”

725 - Soiled Diapers/Clothing (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (8) Diapers or clothing shall be: (a) Changed when soiled or wet; (b) Stored in a covered container temporarily; and (c) Washed or disposed of at least once a day.”

700 - Child Personal Care/Handwashing (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (4) A child shall: (a) Be helped with personal care and cleanliness based upon his or her developmental skills; (b) Except as established in paragraph (c) of this subsection, wash his or her hands with liquid soap and warm running water: 1. a. Upon arrival at the center; or b. Within thirty (30) minutes of arrival for school-age children; 2. Before and after eating or handling food; 3. After toileting or diaper change; 4. After handling animals; 5. After touching an item or an area of the body soiled with body fluids or wastes; and 6. After outdoor or indoor play time; and (c) Use hand sanitizer or hand-sanitizing wipes if liquid soap and warm running water are not available in accordance with paragraph (b) of this subsection. The child shall wash the child's hands as soon as practicable once liquid soap and warm running water are available.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

565 - Inaccessible Items (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (7) The following shall be inaccessible to a child in care: (a) Toxic cleaning supplies, poisons, and insecticides; (b) Matches, cigarettes, lighters, and flammable liquids; and (c) Personal belongings and medications of staff.”

435 - Training (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following: (a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child-care program; (b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training; and (c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years. (17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.”

415 - CPR/First Aid Required Training (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (8) Each center shall ensure that every staff member has received training on first aid and cardiopulmonary resuscitation (CPR).”

410 - CPR/First Aid Coverage (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (3) For a child-care center licensed for infant, toddler, or preschool-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Infant and child cardiopulmonary resuscitation; and (b) Infant and child first aid. (4) For a child-care center licensed for school-age children, at least one (1) person on duty and present with the children shall be currently certified by a cabinet-approved training agency in the following skills: (a) Adult cardiopulmonary resuscitation; and (b) First aid. (5) Cardiopulmonary resuscitation (CPR) and first aid training shall be in addition to the fifteen (15) clock hours requirement in subsection (16) of this section.”

405 - TB Verification (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (b) Shall provide, prior to employment and every two (2) years thereafter: 1. A statement from a health professional that the individual is free of active tuberculosis; or 2. A copy of negative tuberculin results.”

400 - Educational Requirements (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a: 1. High school diploma: 2. GED or qualifying documentation from a comparable educational entity; or 3. Commonwealth Child Care Credential as described in 922 KAR 2:250;”

395 - Personnel File (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (e) A current personnel file for each child-care center staff person to include: 1. Name, address, date of birth, and date of employment; 2. Proof of educational qualifications; 3. Record of annual performance evaluation; 4. Documentation of compliance with tuberculosis screening in accordance with Section 11(1)(b) of this administrative regulation; and 5. The results of background checks conducted in accordance with 922 KAR 2:280;”

360 - Staff Evaluation (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and assure the health, safety, and comfort of each child.”

1330 - Diapering/Handwashing (922 KAR 2:120 Section 12)

“922 KAR 2:120. Section 12. Toilet, Diapering, and Toiletry Requirements. (9) The proper methods of diapering and hand-washing shall be posted at each diaper changing area.”

1325 - Daily Activities (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (h) Post a schedule of daily activities, to include dates and times of activities to be conducted with the children in each classroom;”

1310 - Posting Requirements (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection: (a) The provider's preliminary or regular license; (b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year; (c) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year; (d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897; (e) A description of services provided by the child-care center, including: 1. Current rates for child care; and 2. Each service charged separately and in addition to the basic rate for child care; (f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and (g) Daily planned program.”

1305 - Monthly Fire, Quarterly Earthquake/Shelter-in-place/Tornado Drills (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (12) A fire drill shall be: (a) Conducted during hours of operation at least monthly; and (b) Documented. (13) An earthquake drill, shelter-in-place or lockdown drill, and tornado drill shall be: (a) Conducted during hours of operation at least quarterly; and (b) Documented.”

1280 - Professional Development (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (f) A written annual plan for child-care staff professional development;”

1260 - Evacuation Plan (922 KAR 2:090 Section 5)

“922 KAR 2:090. Section 5. Evacuation Plan. (1) A licensed child-care center shall have a written evacuation plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard for a child in care in accordance with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U).”

1250 - Enrollment Information (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (b) A written record for each child: 1. Completed and signed by the child’s parent; 2. Retained on file on the first day the child attends the child-care center; and 3. To contain: a. Identifying information about the child, which includes, at a minimum, the child’s name, address, and date of birth; b. Contact information to enable a person in charge to contact the child’s: (i) Parent at the parent’s home or place of employment; (ii) Family physician; and (iii) Preferred hospital; c. The name of each person who is designated in writing to pick-up the child; d. The child’s general health status and medical history including, if applicable: (i) Allergies; (ii) Restriction on the child’s participation in activities with specific instructions from the child’s parent or health professional; and (iii) Permission from the parent for third-party professional services in the child-care center; e. The name and phone number of each person to be contacted in an emergency involving or impacting the child; f. Authorization by the parent for the child-care center to seek emergency medical care for the child in the parent’s absence;”

1055 - Kitchen Equipment Clean and Sanitary (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (7) The following shall be clean and sanitary: (a) Eating and drinking utensils; (b) Kitchenware; (c) Food contact surfaces of equipment; (d) Food storage utensils; (e) Food storage containers; (f) Cooking surfaces of equipment; and (g) Nonfood contact surfaces of equipment.”

245 - Controlled Substance/Alcohol (922 KAR 2:090 Section 11)

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and assure the health, safety, and comfort of each child.”

865 - Indoor/Outdoor Equipment (922 KAR 2:120 Section 13)

“922 KAR 2:120. Section 13. Toys and Furnishings. (2) Indoor and outdoor equipment shall: (a) Be clean, safe, and in good repair; (b) Meet the physical, developmental needs, and interests of children of different age groups; (c) Be free from sharp points or corners, splinters, protruding nails or bolts, loose or rusty parts, hazardous small parts, lead-based paint, poisonous material, and flaking or chalking paint; and (d) Be designed to guard against entrapment or situations that may cause strangulation.”

860 - Toys/Furniture (922 KAR 2:120 Section 13)

“922 KAR 2:120. Section 13. Toys and Furnishings. (1) All toys and furniture contacted by a child shall be: (a) Kept clean and in good repair; and (b) Free of peeling, flaking, or chalking paint.”

845 - Twelve Inch Spacing (922 KAR 2:120 Section 6)

“922 KAR 2:120. Section 6. Sleeping and Napping Requirements. (6) Cots, equipment, and furnishings used for sleeping and napping shall be spaced twelve (12) inches apart to allow free and safe movement by a person.”

8 - Background check/submitted/out of state (922 KAR 2:280 Section 3; 922 KAR 2:280 Section 4; 922 KAR 2:280 Section 5)

775 - Medication (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (6) Medication, including refrigerated medication, shall be: (a) Stored in a separate and locked place, out of the reach of a child unless the medication is: 1. A first aid supply and is maintained in accordance with subsection (1) of this section; 2. Diaper cream, sunscreen, or toothpaste. Diaper cream, sunscreen, or toothpaste shall be inaccessible to a child; 3. An epinephrine auto-injector. A licensed child-care center shall comply with KRS 199.8951 and 311.646, including: a. An epinephrine auto-injector shall be inaccessible to a child; b. A child-care center shall have at least one (1) person onsite who has received training on the administration of an epinephrine auto-injector if the child-care center maintains an epinephrine auto-injector; c. A child-care center shall seek emergency medical care for a child if an auto-injector is administered to the child; and d. A child-care center shall report to the child's parent and the cabinet in accordance with 922 KAR 2:090, Section 13(1)(b) if an epinephrine auto-injector is administered to a child; or 4. An emergency or rescue medication for a child in care, such as medication to respond to diabetic or asthmatic condition, as prescribed by the child's physician. Emergency or rescue medication shall be inaccessible to a child in care; (b) Kept in the original bottle; and (c) Properly labeled. (7) Medication shall not be given to a child if the medication's expiration date has passed.”

760 - First Aid Supplies (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (1) First aid supplies shall: (a) Be available to provide prompt and proper first aid treatment; (b) Be stored out of reach of a child; (c) Be periodically inventoried to ensure the supplies have not expired; (d) If reusable, be: 1. Sanitized; and 2. Maintained in a sanitary manner; and (e) Include: 1. Liquid soap; 2. Adhesive bandages; 3. Sterile gauze; 4. Medical tape; 5. Scissors; 6. A thermometer; 7. Flashlight; 8. Cold pack; 9. First aid book; 10. Disposable gloves; and 11. A cardiopulmonary resuscitation mouthpiece protector.”

625 - Floors, Walls, Ceilings (922 KAR 2:120 Section 4)

“922 KAR 2:120. Section 4. Premises Requirements. (9) Floors, walls, and ceilings shall be smooth, in good repair, and constructed to be easily cleaned.”

460 - Practice Appropriate Self-Help Procedures (922 KAR 2:120 Section 2)

435 - Training (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following: (a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child-care program; (b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training; and (c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years. (17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.”

415 - CPR/First Aid Required Training (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (8) Each center shall ensure that every staff member has received training on first aid and cardiopulmonary resuscitation (CPR).”

405 - TB Verification (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (b) Shall provide, prior to employment and every two (2) years thereafter: 1. A statement from a health professional that the individual is free of active tuberculosis; or 2. A copy of negative tuberculin results.”

400 - Educational Requirements (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a: 1. High school diploma: 2. GED or qualifying documentation from a comparable educational entity; or 3. Commonwealth Child Care Credential as described in 922 KAR 2:250;”

360 - Staff Evaluation (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;”

225 - Licensee Responsibility (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (1) A licensee shall: (a) Be responsible for the operation of the child-care center pursuant to this administrative regulation, 922 KAR 2:120, and 922 KAR 2:280; and (b) Protect and assure the health, safety, and comfort of each child.”

1310 - Posting Requirements (922 KAR 2:090 Section 8)

“922 KAR 2:090. Section 8. General. (6) In addition to the posting requirement of KRS 199.898(3), a child-care center shall post the following in a conspicuous place and make available for public inspection: (a) The provider's preliminary or regular license; (b) Each statement of deficiency and civil penalty notice issued by the cabinet during the current licensure year; (c) Each plan of correction submitted by the child-care center to the cabinet during the current licensure year; (d) Information on the Kentucky Consumer Product Safety Program and the program's Web site as specified in KRS 199.897; (e) A description of services provided by the child-care center, including: 1. Current rates for child care; and 2. Each service charged separately and in addition to the basic rate for child care; (f) Minimum staff-to-child ratios and group size established in 922 KAR 2:120; and (g) Daily planned program.”

1305 - Monthly Fire, Quarterly Earthquake/Shelter-in-place/Tornado Drills (922 KAR 2:120 Section 3)

“922 KAR 2:120. Section 3. General Requirements. (12) A fire drill shall be: (a) Conducted during hours of operation at least monthly; and (b) Documented. (13) An earthquake drill, shelter-in-place or lockdown drill, and tornado drill shall be: (a) Conducted during hours of operation at least quarterly; and (b) Documented.”

1285 - Earthquake/Tornado/Fire Drills (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (h) A written record of quarterly practiced earthquake drills and tornado drills detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3; (i) A written record of practiced fire drills conducted monthly detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3;”

1280 - Professional Development (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (f) A written annual plan for child-care staff professional development;”

1275 - Staff Schedule (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (d) A written schedule of staff working hours;”

1260 - Evacuation Plan (922 KAR 2:090 Section 5)

“922 KAR 2:090. Section 5. Evacuation Plan. (1) A licensed child-care center shall have a written evacuation plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard for a child in care in accordance with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U).”

1195 - Lunch/Dinner Requirements (922 KAR 2:120 Section 10)

“922 KAR 2:120. Section 10. Meal Planning Requirements for a Center that Provides Meals. (3) Lunch, and dinner if served, shall include the following components: (a) Milk; (b) Meat or meat alternative; (c) Bread or grain; and (d)1. Two (2) different vegetables; or 2. One (1) fruit and one (1) vegetable.”

1045 - Frozen Food (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (5) Frozen food shall be: (a) Kept at a temperature of zero degrees Fahrenheit or below; and (b) Thawed: 1. At refrigerator temperatures; 2. Under cool, potable running water; 3. As part of the cooking process; or 4. By another method in accordance with the Department for Public Health's food safety standards and permits, established in KRS Chapter 217.”

1030 - Food Service Permit (922 KAR 2:120 Section 8)

“922 KAR 2:120. Section 8. Kitchen Requirements. (2) A child-care center required to have a food service permit shall be in compliance with 902 KAR 45:005 and this administrative regulation.”

435 - Training (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (16) In accordance with KRS 199.896(15) and (16), a staff person with supervisory authority over a child shall complete the following: (a) Six (6) hours of cabinet-approved orientation completed within the first three (3) months of employment in a child-care program; (b) Nine (9) hours of cabinet-approved early care and education training within the first year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training; and (c) Fifteen (15) hours of cabinet-approved early care and education training completed between July 1 and the following June 30 of each subsequent year of employment in a child care program, including one and one-half (1 ½) hours of cabinet-approved pediatric abusive head trauma training completed once every five (5) years. (17) A staff person's compliance with training requirements of this section shall be verified through the cabinet-designated database maintained pursuant to 922 KAR 2:240.”

415 - CPR/First Aid Required Training (922 KAR 2:120 Section 7)

“922 KAR 2:120. Section 7. First Aid and Medicine. (8) Each center shall ensure that every staff member has received training on first aid and cardiopulmonary resuscitation (CPR).”

405 - TB Verification (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (b) Shall provide, prior to employment and every two (2) years thereafter: 1. A statement from a health professional that the individual is free of active tuberculosis; or 2. A copy of negative tuberculin results.”

400 - Educational Requirements (922 KAR 2:090 Section 11)

“922 KAR 2:090. Section 11. Staff Requirements. (1) Child-care center staff: (a) Hired after January 1, 2009, who have supervisory power over a minor and are not enrolled in secondary education, shall have a: 1. High school diploma: 2. GED or qualifying documentation from a comparable educational entity; or 3. Commonwealth Child Care Credential as described in 922 KAR 2:250;”

360 - Staff Evaluation (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (j) Assess each staff person's interaction with children in care and classroom performance through an annual written performance evaluation;”

355 - Staff Meeting (922 KAR 2:090 Section 10)

“922 KAR 2:090. Section 10. Director Requirements and Responsibilities. (1) A director shall: (i) Conduct, manage, and document in writing recurring staff meetings;”

1285 - Earthquake/Tornado/Fire Drills (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (h) A written record of quarterly practiced earthquake drills and tornado drills detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3; (i) A written record of practiced fire drills conducted monthly detailing the date, time, and children who participated in accordance with 922 KAR 2:120, Section 3;”

1280 - Professional Development (922 KAR 2:090 Section 9)

“922 KAR 2:090. Section 9. Records. (1) A child-care center shall maintain: (f) A written annual plan for child-care staff professional development;”

1260 - Evacuation Plan (922 KAR 2:090 Section 5)

“922 KAR 2:090. Section 5. Evacuation Plan. (1) A licensed child-care center shall have a written evacuation plan in the event of a fire, natural disaster, or other threatening situation that may pose a health or safety hazard for a child in care in accordance with KRS 199.895 and 42 U.S.C. 9858c(c)(2)(U).”