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2007 Kentucky Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/sagky0030 and id is 1 raw text is: OAG 07-001

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March 15, 2007
Applicability of workers' compensation laws to Medicaid
recipients employing caregivers under KRS 205.5606
Representative Jimmie Lee
House of Representatives, 25th District
James M. Herrick
Assistant Attorney General
Medicaid recipients employing service providers under KRS
205.5606 are exempt from the requirements of KRS Chapter
342 by virtue of KRS 205.5607, even though such providers
might not be considered domestic servants under KRS
342.650(1).
KRS 205.5607, KRS 342.650(1)

OAG 79-584, OAG 84-257

Opinion of the Attorney General
In 2004 the General Assembly enacted KRS 205.5605-205.5607, which
authorizes certain Medicaid recipients to be provided with a budget allowance to
purchase approved services for their personal care needs in a consumer-
directed manner. In some situations under this enactment, a Medicaid recipient
may be the employer of record for a provider of services.
The question presented is whether Medicaid recipients who employ
caregivers for home- and community-based services pursuant to KRS 205.5605-
205.5607 are required to obtain workers' compensation insurance and otherwise

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