Title XVIII, Public Health

Application to increase number of beds -- Requirements. An application to increase the number of beds by an intermediate-care facility for individuals with an intellectual disability (ICF/ID) as defined in KRS Chapter 202B shall be consistent with the state health plan if the app…

The funds accumulating to the depreciation account shall be expended in balancing depreciation on the municipal hospital, or in making new constructions or additions thereto. Any such accumulations may be invested as the legislative body may designate. The income from such invest…

care facility for individuals with an intellectual disability. Notwithstanding any other provisions contained in this chapter, a certificate of need shall not be required for an existing intermediate-care facility for individuals with an intellectual disability (ICF/ID) to add be…

Exemption from inspection -- Fees -- Submission of building plans -- Standards for licensure. (1) The Office of the Inspector General shall accept accreditation by the Joint Commission or another nationally recognized accrediting organization with comparable standards and survey …

The city may issue refunding bonds for the purpose of providing funds for the payment of any outstanding bonds, in accordance with the procedure prescribed for the issuance of the original bonds. The refunding bonds shall be secured to the same extent and shall have the same sour…

Immunity from liability -- Anonymity of person leaving infant -- Emergency custody order -- Materials for health and medical information. (1) As used in this section: (a) "Newborn infant" means an infant who is medically determined to be less than thirty (30) days old.; and (b) "…

(1) As used in this section: (a) "Automated pharmacy system" means a mechanical system that delivers prescribed over-the-counter and legend drugs, and controlled substances received from a pharmacy licensed in Kentucky that maintains transaction information; and (b) "Residential …

- Medical director -- Informed consent -- Patient transfer agreements -- Liability -- Prohibition against performance of abortion. (1) As used in this section, "freestanding birthing center" means any health facility, place, or institution which is not a hospital, is not in a hos…

If the city legislative body finds that the bonds first authorized will be insufficient to accomplish the purpose desired, additional bonds may be authorized and issued subject to the same procedure.

As used in KRS 216B.200 to 216B.210, the following terms have the same meaning as in KRS 311.7731: (1) "Abortion"; (2) "Abortion-inducing drug"; (3) "Adverse event"; (4) "Associated physician"; (5) "Complication"; (6) "Distributor"; (7) "Manufacturer"; (8) "Nonsurgical abortion p…

Administrative regulations. (1) The cabinet shall promulgate administrative regulations to create a certification program to oversee and regulate the distribution and dispensing of abortion-inducing drugs. The program shall be known as the Kentucky Abortion-Inducing Drug Certific…

(1) The cabinet, shall, at a minimum: (a) Require completion of the certification process for pharmacies, manufacturers, distributors, and abortion facilities; (b) Notify certified pharmacies, manufacturers, distributors, and abortion facilities which physicians are registered as…

Requirements for registered physicians. (1) To be eligible to register as a nonsurgical abortion provider, the cabinet shall require a qualified physician to: (a) Be licensed to practice medicine and in good standing in Kentucky; (b) Examine any patient in-person prior to providi…

(1) The cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing Drug Certification Program that includes the following conditions: (a) If an individual or entity intentionally, knowingly, or recklessly provides abortion-inducing drugs without first seeking certific…

Any city acquiring a municipal hospital pursuant to the provisions of KRS 216.100 to 216.220 may, at the time of issuing bonds for such acquisition, provide for additional bonds for additions and permanent improvements to be placed in escrow and to be negotiated from time to time…

(1) The cabinet shall develop a complaint portal on its Web site for patients, pharmacy, nursing, and medical professionals, and the public to submit information about potential violations of the Kentucky Abortion-Inducing Drug Certification Program. (2) The portal shall list the…

Any city acquiring a municipal hospital under the provisions of KRS 216.100 to 216.220 may provide for additions to and improvements of the hospital by an additional issue of bonds in the same manner as the original bonds.

As used in KRS 216B.230 to 216B.239: (1) "After-care" means assistance with self-care tasks to be provided by a lay caregiver to a patient in the patient's residence after the patient's discharge from a hospital and may include but is not limited to: (a) Assisting with basic or i…

lay caregiver for post-discharge assistance in the patient's residence. (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian with at least one (1) opportunity to designate one (1) lay caregiver following the patient's admission into a hospital…

If a patient or a patient's legal guardian has designated a lay caregiver, the hospital shall notify the patient's designated lay caregiver of the patient's discharge as soon as practicable. If the hospital is unable to contact the designated lay caregiver, the lack of contact sh…

plan -- Administrative regulations. (1) As soon as practicable a hospital shall consult with a designated lay caregiver regarding the patient's after-care needs. If the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay…

by KRS 216B.230 to 216B.239. Nothing in KRS 216B.230 to 216B.239 shall be construed to interfere with the rights of an agent operating under a valid health care directive pursuant to KRS Chapter 311. Effective:June 29, 2017

KRS 216B.230 to 216B.239 regarding hospital's noncompliance. Nothing in KRS 216B.230 to 216B.239 shall be construed to create a private right of action or be construed as establishing a standard of care, with respect to a claim that a hospital has failed to comply with KRS 216B.2…

paying patient. (1) For purposes of this section, "paying patient" means persons receiving health care services who pay directly for services rendered, patients with private health insurance or health maintenance organization coverage, persons receiving Medicaid or Medicaid benef…

As used in KRS 216.2920 to 216.2929, unless the context requires otherwise: (1) "Ambulatory facility" means an outpatient facility, including an ambulatory surgical facility, freestanding or mobile technology unit, or an urgent treatment center, that is not part of a hospital and…

not subject to personal liability. (1) The Cabinet for Health and Family Services shall collect, pursuant to KRS 216.2925, analyze, and disseminate information in a timely manner on the cost, quality, and outcomes of health services provided by health facilities and health care p…

insurance experience -- Administrative regulations. (1) For the purposes of carrying out the provisions of KRS 216.2920 to 216.2929, the secretary may: (a) Appoint temporary volunteer advisory committees, which may include individuals and representatives of interested public or p…

(1) The Cabinet for Health and Family Services shall establish by promulgation of administrative regulations pursuant to KRS Chapter 13A those data elements required to be submitted to the cabinet by all hospitals and ambulatory facilities, including a timetable for submission an…

Public-use data agreements and privacy rules -- Confidentiality of raw data -- Penalty for violation. (1) The following types of data shall be deemed as relating to personal privacy and, except by court order, shall not be published or otherwise released by the cabinet or its sta…

to be publicly available on cabinet's website -- Reports required. (1) (a) The Cabinet for Health and Family Services shall make available on its website information on charges for health-care services at least annually in understandable language with sufficient explanation to al…

(1) Except as otherwise provided in KRS 205.510 to 205.630, no provider shall knowingly solicit, receive, or offer any remuneration (including any kickback, bribe, or rebate) for furnishing medical assistance benefits or in return for purchasing, leasing, ordering, or arranging f…

neglect and adult abuse registries check by health facilities and Medicaid providers -- Administrative regulations. (1) Unless otherwise required by law, a health facility as defined in KRS 216B.015, or a health care provider enrolled in the Kentucky Medicaid program, may submit …

(1) As a condition of licensure or relicensure, all health facilities offering obstetric or midwifery services shall provide an auditory screening for all infants using one (1) of the methods approved by the Office for Children with Special Health Care Needs by administrative reg…

services referrals -- Cabinet for Health and Family Services to maintain list of perinatal palliative care programs or service providers. (1) As used in this section: (a) "Baby" includes both an unborn child as defined in KRS 311.781 and an infant as defined in KRS 311.821; (b) "…

and procedures for deactivation or sequestration and disposal of controlled substances upon death of patient or discontinuance of prescription -- Notice -- Written agreement -- Witness statement. (1) Any provider of hospice, palliative care, or end-of-life services shall have wri…

As used in KRS 216.300 to 216.308, unless the context otherwise requires: (1) "Licensed health care professional" means a physician and surgeon, podiatrist, osteopath, osteopathic physician and surgeon, physician assistant, nurse, dentist, or pharmacist. (2) "Suicide" means the a…

As used in KRS 216B.300 to 216B.320 and KRS 216B.990(5), unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services or its designee. "Designee" means any agency established under KRS Chapter 211 or KRS 147A.050 whose duties related to th…

(1) A person commits a Class C felony when the person knowingly by force or duress causes another person to commit or to attempt to commit suicide. (2) A person commits a Class D felony when the person, with the purpose of assisting another person to commit or to attempt to commi…

Every resident in a boarding home, as defined in KRS 216B.300, shall have at least the following rights: (1) Before entering a boarding home, the resident or the resident's guardian, if any, shall be fully informed in writing, as evidenced by the resident's written acknowledgment…

216.302. (1) A licensed health care professional who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, shall not be deemed to have violated …

Unannounced inspection -- Denial of registration -- Access by cabinet employees and agents -- No preemption of local authority for stricter requirements. (1) A person, association, business entity, or organization shall not advertise, solicit boarders, or operate a boarding home …

without registration. (1) When the cabinet has reasonable cause to believe that any person, association, business entity, or organization is operating a boarding home without a registration, the cabinet may: (a) Issue and deliver a notice to cease and desist from the violations; …

suicide. A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating KRS 216.302 by any person who is: (1) The spouse, parent, child, or sibling of the person who would commit …

The licensing agency which issued a license or certification to a licensed health care professional who assists in a suicide in violation of KRS 216.302 may revoke license or certification of that person upon receipt of: (1) A copy of the record of the criminal conviction or plea…

The secretary shall maintain a listing of all registered boarding homes which shall be updated at least quarterly. At the time the list is updated, the cabinet shall submit the list of registered boarding homes to the local health department and fire department in counties contai…

This legislation is designed to permit a county to form a hospital district or two (2) or more counties to join together in the formation of a hospital district in order to provide a broader basis for local support of hospitals and related health facilities including supportive s…

As used in KRS 216.310 to 216.360: (1) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care, for more than twenty-four (24) hours, of two (2) or more nonrelated individuals suffering from illness, disease,…

Nothing in KRS 216B.300 to 216B.320 shall be construed as requiring registration by persons providing room or board or both to students.

hospital districts. The secretary of the Cabinet for Health and Family Services shall, in addition to his other duties, act as secretary of hospital districts, and is vested with jurisdiction, power, and authority, when the conditions set forth in KRS 216.317 exist, to establish …

(1) A hospital district may be created in accordance with the procedures of KRS 65.182 and 216.320. (2) Upon the creation of a hospital district, as provided in KRS 65.182 and 216.320, the district shall constitute and be a taxing district within the meaning of Section 157 of the…