Title XVIII, Public Health

After a district has been dissolved, the board shall proceed to terminate the affairs of the district. After payment of all obligations, all moneys remaining in the hospital district fund shall be prorated on the basis of the assessed valuation of the taxable property within the …

hospital district. Notwithstanding any provision of law to the contrary, hospitals located in a hospital district pursuant to KRS 216.310 to 216.360 may offer the following services and facilities in counties contiguous to the hospital district and shall obtain a certificate of n…

As used in KRS 216.378, 216.379, and 216.380, the following definitions shall apply: (1) "Rural health network" means an organization that consists of at least one (1) facility that has been or will be designated as a critical access hospital and at least one (1) hospital that fu…

Development of rural health plan. (1) The Cabinet for Health and Family Services shall make application to the Secretary of the United States Department of Health and Human Services to establish a Medicare Rural Hospital Flexibility Program in accordance with 42 U.S.C. sec. 1395i…

Required and authorized services -- Staffing requirements -- Medicaid reimbursement. (1) The licensure category of critical access hospital is hereby created for existing licensed acute-care hospitals which qualify under this section for that status. (2) It shall be unlawful to o…

waiver service, or psychiatric residential treatment facility -- Requirements -- Administrative regulations. (1) As used in this section: (a) "Health facility" has the same meaning as in KRS Chapter 216B; (b) "Health service" has the same meaning as in KRS Chapter 216B; (c) "Medi…

As used in KRS 216.515 to 216.530: (1) "Long-term-care facilities" means those health-care facilities in the Commonwealth which are defined by the Cabinet for Health and Family Services to be family-care homes, personal-care homes, intermediate-care facilities, nursing facilities…

Every resident in a long-term-care facility shall have at least the following rights: (1) Before admission to a long-term-care facility, the resident and the responsible party or his responsible family member or his guardian shall be fully informed in writing, as evidenced by the…

For the purpose of supplementing the rights of residents in long-term-care facilities, such facilities shall take the following actions: (1) Every long-term-care facility shall conspicuously post throughout the facility a listing of the residents' rights and responsibilities as d…

For the purpose of supplementing, monitoring and enforcing the rights of residents in long-term care facilities, the cabinet shall take the following actions: (1) The cabinet shall design and distribute posters to all long-term care facilities which clearly detail how the residen…

Prohibition of prior notice of inspection. (1) All inspections of long-term care facilities performed by the cabinet shall be unannounced. All inspections of long-term care facilities shall be conducted in accordance with the rules and regulations promulgated by the cabinet in ac…

employing a person on the nurse aide abuse registry. Long-term care facilities as defined in KRS 216.510 shall not be operated by or employ any person who is listed on the nurse aide abuse registry required by 42 C.F.R. 483.156.

Disabilities long-term care facilities -- Criminal background checks for applicants for employment -- Persons who may not be employed -- Effect of pardon or expunged record -- Exemption from KRS 216.789(1). (1) A long-term care facility owned, managed, or operated by the Departme…

(1) As used in KRS 216.537 to 216.590: (a) "Long-term care facilities" means those health care facilities in the Commonwealth which are defined by the Cabinet for Health and Family Services to be family care homes, personal care homes, intermediate care facilities, nursing facili…

In order to satisfy the requirements for licensure, a long-term care facility shall establish daily visiting hours which, at a minimum, shall consist of six (6) hours between 8 a.m. and 5 p.m. and two (2) hours between 5 p.m. and 8 p.m.

of visitors -- Denial of access by resident or administrator -- Unrestricted access by employee of cabinet. (1) A long-term care facility shall assure that during the visiting hours established in accordance with KRS 216.537, access to the facility is permitted for: (a) Family me…

Ombudsman prohibited -- Retaliation against complainant prohibited -- Penalty -- Liability insurance for representatives of the ombudsman program. (1) Willful interference, as defined in KRS 216.535, with representatives of the Office of the Long-Term-Care Ombudsman in the lawful…

(1) Every long-term care facility shall post in a conspicuous place, accessible to residents, employees and visitors the following: (a) A copy of the long-term care facility's current license; (b) The name, address, and current telephone number of the current long-term care ombud…

(1) The cabinet shall prepare a statement of the requirements of KRS 216.537 and 216.540 which shall become part of the public notice required to be posted in each facility in accordance with KRS 216.543. (2) All long-term care facilities shall provide every resident, upon admiss…

facilities. (1) As used in this section, "long-term care facility" has the same meaning as provided in KRS 216.510, except the term shall not include family-care homes. (2) Prior to a person's admission, a long-term care facility that does not have a sprinkler system in each resi…

listings of rates and charges, and court orders on premises -- Duties of Inspector General -- Construction of section with respect to Kentucky Open Records Law. (1) All long-term care facilities shall retain the following for public inspection in the office of the administrator a…

regulations, standards, and requirements -- Restriction on publication of results of survey, inspection, or investigation. (1) If upon inspection or investigation the cabinet determines that a long-term care facility has violated the regulations, standards, and requirements as se…

penalty assessed. Citations issued pursuant to KRS 216.537 to 216.590 shall be classified according to the nature of the violation as follows: (1) Type "A" violation means a violation by a long-term care facility of the regulation, standards, and requirements as set forth by the …

Exemption from state penalty if federal penalty assessed -- Reduction of penalty by amount used to correct deficiency -- Nursing incentive scholarship fund. (1) If a licensee has failed to correct a Type A violation within the time specified for correction by the cabinet, the cab…

(1) The cabinet shall promulgate administrative regulations setting forth the criteria and, where feasible, the specific acts that constitute Type A and B violations as specified by KRS 216.537 to 216.590. No violation or civil penalty for violations of KRS 216.537 to 216.590 sha…

(1) In determining the amount of the initial penalty to be imposed under KRS 216.537 to 216.590, the cabinet shall consider at least the following factors: (a) The gravity of the violation, including the probability that death or serious physical or mental harm to a resident will…

-- Judicial review. (1) The manner in which appeals are presented from any decision on ratings, citations, or penalties pursuant to KRS 216.537 to 216.590 shall be in accordance with KRS Chapter 13B. (2) The Office of Administrative Hearings within the Department of Law shall app…

(1) The cabinet may institute injunctive proceedings in Circuit Court to enforce the provisions of KRS 216.537 to 216.590 or to terminate the operation of a long-term care facility where any of the following exists: (a) Failure of the licensee to take appropriate action to correc…

impending inspection or investigation. Any employee of the cabinet who gives or causes to be given any advance notice to any long-term care facility, directly or indirectly, that an inspection or investigation is under consideration or is impending, unless specifically mandated b…

(1) Upon a finding that conditions in a long-term care facility constitute a Type A violation, and the licensee fails to correct the violation within the time specified for correction by the cabinet, the secretary shall take at least one (1) of the following actions with respect …

staff of long-term care facilities. (1) As used in this section: (a) "CMS" means the Centers for Medicare and Medicaid Services; (b) "Long-term care facility" means a nursing facility that is certified under Title XVIII or XIX of the Social Security Act; and (c) "Long-term care p…

The provisions of KRS 12.028 and 194A.040(1) shall not apply to KRS 216.537 to 216.590.

claiming to provide special care for persons with Alzheimer's disease or other brain disorders -- Waiver on building requirements to address specific needs. (1) (a) Any assisted living community as defined by KRS 194A.700 or long-term care facility as defined in KRS 216.535 that …

requirements -- Services provided -- Administrative regulations -- On-site visits. (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Personal care home" or "PCH" means an establishment located in a permanent building that does not c…

As used in this chapter: (1) "Health care worker" means any person, whether licensed or unlicensed, temporarily or permanently employed by, volunteering in, or under contract with a health facility, who has direct contact with a patient of the health facility for purposes of eith…

developing workplace safety assessment -- Cabinet to audit health facilities for compliance -- Standards for compliance. (1) By January 1, 2024, the Cabinet for Health and Family Services shall develop and disperse the following information to health facilities: (a) Guidelines fo…

Requirements. (1) (a) Health facilities shall develop and execute a workplace safety assessment to identify the risk of workplace violence against health care workers. (b) Health facilities shall create a workplace safety plan to address the risks identified in the workplace safe…

protective skills competency test for health care workers. (1) By January 1, 2024, and at least annually thereafter, each health facility shall provide violence prevention training to all health care workers, volunteers, and contracted security personnel. (2) The training shall o…

Procedures to follow up with and support victims of workplace violence. (1) Health facilities shall develop an internal reporting system for acts of workplace violence committed against a health care worker, patient, or visitor on the health facility's premises, and shall train h…

As used in KRS 216.710 to 216.714: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Client" means an individual who has been accepted to receive personal services from a personal services agency; (3) "Crime" means a conviction of or plea of guilty to a felony …

check -- Administrative regulations -- Fees. (1) No personal services agency shall be operated, maintained, or advertised without obtaining a certificate as provided in this section. Entities that operate personal services agencies, as defined in KRS 216.710, in Kentucky on June …

with Alzheimer's or other dementias -- Certificates of completion -- Penalties. (1) The purpose of this section is to set minimum training requirements for direct-care staff members that are employed by facilities or programs regulated by the cabinet that provide services to indi…

(1) Any personal services agency that provides services without receiving certification pursuant to KRS 216.712 may be fined up to five hundred dollars ($500) per day. (2) Any business that markets its services as a personal services agency without receiving certification pursuan…

(1) (a) There is created a trust and agency fund to be known as the Kentucky personal services agency fund. (b) The fund shall be administered by the Finance and Administration Cabinet. (c) The fund shall be funded with moneys collected under KRS 216.712 and 216.714. (2) Moneys i…

As used in KRS 216.718 to 216.728: (1) "Assisted living community" has the same meaning as in KRS 194A.700; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Controlling person" means: (a) A corporation, partnership, or other business entity, or an officer, pro…

Administrative regulations -- Fees -- Administrative hearing. (1) No health care services agency shall be operated, maintained, or advertised without registering with the Cabinet for Health and Family Services. Each separate location of a health care services agency shall registe…

(1) A health care services agency shall: (a) Retain documentation that each temporary direct care staff contracted with or employed by the agency meets the minimum licensing, certification, training, and continuing education standards for his or her position; (b) Comply with all …

(1) A health care services agency shall not: (a) Restrict in any manner the employment opportunities of any temporary direct care staff that is contracted with or employed by the agency, including but not limited to contract buy-out provisions or contract non-compete clauses; (b)…

direct care staff. KRS 216.718 to 216.728 shall not apply to the placement of permanent direct care staff.

The cabinet shall establish a reporting system for complaints relating to a health care services agency or temporary direct care staff. Complaints may be reported by any member of the public. The cabinet shall investigate the complaints and report its findings to the complaining …