Merit Institute Merit

The Kentucky Government Transparency & Performance Act (KY-GT&P)

Kentucky state companion to GT&P. Extends the Kentucky State Personnel Act (KRS Ch. 18A), Kentucky Open Records Act (KRS Sec. 61.870 et seq.), and Kentucky Medicaid fraud recovery (KRS Sec. 205.8451 et seq.).

THE KENTUCKY GOVERNMENT TRANSPARENCY & PERFORMANCE ACT (KY-GT&P)

Vehicle: State passage. Kentucky General Assembly, regular session. Primary referral to House / Senate State Government / Appropriations and Revenue.

SECTION 1. SHORT TITLE

This Act may be cited as the “Kentucky Government Transparency & Performance Act (KY-GT&P).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The General Assembly finds that the Kentucky State Personnel Act operates under KRS Ch. 18A; that the Kentucky Open Records Act operates under KRS Sec. 61.870 et seq.; that the Office of the State Budget Director operates under KRS Ch. 42; that the Legislative Research Commission provides fiscal analysis under KRS Ch. 7; and that Kentucky does not have a general False Claims Act but recovers Medicaid fraud under KRS Sec. 205.8451 et seq. and the Medicaid Fraud Control Unit under the Office of the Attorney General pursuant to 42 U.S.C. Sec. 1396b(q). This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH KENTUCKY LAW

Sec. 101. Definitions

  1. (a) “OSBD” means the Office of the State Budget Director.
  2. (b) “Publicly visible outcome” means a metric published under Sec. 201.
  3. (c) “KY-MFCA” means KRS Sec. 205.8451 et seq.

Sec. 102. Coordination with Existing Kentucky Law

  1. (a) Consistent with:
  • KRS Ch. 18A (State Personnel Act).
  • KRS Sec. 61.870 et seq. (Open Records).
  • KRS Ch. 42 (OSBD).
  • KRS Sec. 205.8451 et seq. (Medicaid fraud).

TITLE II — OUTCOME-BASED BUDGETING

Sec. 201. Outcome Metrics for Covered Programs

  1. (a) Each covered program in the Executive Budget shall publish at least three outcome metrics.
  2. (b) OSBD shall publish the Kentucky Outcome Dashboard in machine-readable form.

Sec. 202. Fiscal-Note Outcome Integration

  1. (a) Legislative Research Commission fiscal notes shall identify outcome metrics from Sec. 201.

TITLE III — CIVIL-SERVICE MERIT PROTECTIONS

Sec. 301. Codification of Performance-Standards Protections

  1. (a) KRS Ch. 18A is amended so that nothing precludes unclassified-service classifications with publicly posted performance standards.
  2. (b) Consistent with KRS Sec. 18A.115 (unclassified service).

TITLE IV — KENTUCKY MEDICAID FRAUD QUI TAM (MFCA Rewire)

Sec. 401. Medicaid Fraud Qui Tam Authority

  1. (a) Given that Kentucky does not have a general False Claims Act, this Title operates as a Medicaid-specific qui tam authority under KRS Sec. 205.8451 et seq. and in coordination with the Medicaid Fraud Control Unit under 42 U.S.C. Sec. 1396b(q).

Sec. 402. Credentialing and Outcome-Data Fraud

  1. (a) A person presenting a materially false or fraudulent claim involving KYRMC, Federal FRAC, KY-OBSA outcome data, or Medicaid-related credential claims is liable to the Commonwealth for a civil penalty and treble damages.

Sec. 403. Whistleblower Award

  1. (a) A whistleblower whose information leads to recovery shall receive between 15 and 30 percent of the Commonwealth’s recovery, as determined by the Attorney General.

TITLE V — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 501. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 502. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: GT&P. Other Kentucky bills: KY-ACSA, KY-MEWRA, KY-AI-Workforce.