Title XVIII, Public Health

federal government. The provisions of KRS 216B.300 to 216B.320 shall not apply to any boarding home operated or regulated by the federal government.

Upon the completion of all procedures necessary for the creation of a taxing district as provided in KRS 65.182, the fiscal court shall notify the secretary and the secretary shall establish the district within the medical service area in which that county is located, and shall c…

members. (1) Where there is only one (1) participating county in the district, the county judge/executive, with the approval of the fiscal court of the participating county shall appoint five (5) members of the district board. Where there are two (2) or more counties participatin…

(1) One-third (1/3) of those persons first appointed to the board shall serve for a term of two (2) years, one-third (1/3) for a term of three (3) years, one-third (1/3) for a term of four (4) years. Where the board consists of a number not divisible by three (3), one-third (1/3)…

The board of the district shall be composed of residents of the county or district from which appointed. No person shall be appointed to the board of any hospital district who has any financial or professional interest in the establishment or continued existence thereof or who is…

The cabinet shall promulgate administrative regulations according to KRS Chapter 13A that set forth the procedures and requirements for obtaining a certificate of compliance for a continuing care retirement community.

The members of the board shall not receive compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties, upon vouchers duly approved by the board, signed by the secretary and countersigned by the preside…

nursing home beds -- Limitations upon admission to nursing home beds -- Move-out notice and alternative living arrangements -- Certificate of need not required to provide home health services to on-campus residents. (1) To be eligible for a certificate of compliance, a continuing…

The board shall be a body corporate under the name and style of ".... Hospital District Board of Trustees." The members shall, as soon as possible after their appointment, adopt a seal and organize by electing from their number a president, a secretary and a treasurer, each to se…

The government of the hospital district shall be vested in the board which shall have general control of the property and affairs of the district and shall have all the powers necessary to carry out the purposes of KRS 216.310 to 216.360 including, but not confined to, the follow…

created with zero cents as initial tax rate levy -- Applicability of KRS 132.023 to tax rate changes. Notwithstanding any other provision of KRS 216.310 to 216.360 to the contrary, the board of a hospital district created after January 1, 1994, proposing to levy a tax rate, in wh…

The board, in cooperation with regional or state comprehensive health planning councils, where established, shall plan for the unmet hospital needs in the district.

The treasurer of the board shall: (1) Have the custody of all money, securities, and obligations belonging to that district, and shall disburse money only for the uses and purposes of the district and in the manner prescribed by the bylaws on itemized vouchers allowed by the boar…

(1) Every district established under KRS 216.310 to 216.360 shall at all reasonable times keep open for the inspection of the Auditor of Public Accounts all of its records and books of accounts and shall have an outside independent audit by a certified public accountant annually.…

The fiscal year of a district shall commence on July 1 and close on June 30.

Within sixty (60) days after the close of each fiscal year the board shall make a written report to the secretary. A copy of this report shall be filed with the county clerk of each county within the district. The report shall contain: (1) An itemized statement of the various sum…

The administrator shall be the chief administrative officer of a hospital district. He shall be responsible to the board for the efficient administration of all affairs of the hospital district and he shall have power, and it shall be his duty to carry out the orders of the board…

Hospital districts may, in addition to all other methods provided by law, acquire, construct, and improve hospital facilities through the issuance of revenue bonds under the terms and provisions of KRS Chapter 58.

The board of a hospital district may accept grants or aid from the state or federal government or any agency thereof to carry out the purpose of the district.

A hospital district may be dissolved in the following manner: (1) Upon determining that the district should be dissolved, the board shall unanimously adopt a resolution calling for the dissolution of the district. This resolution shall be sent to the fiscal court of each particip…

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…

Training for emergency medical services staff on sexual assault emergency response -- Content of training -- Examination expenses paid by Crime Victims Compensation Board -- Reporting to law enforcement -- Examination samples as evidence. (1) Where a person has been determined to…

(1) The secretary of the Cabinet for Health and Family Services shall designate as a SANE-ready hospital any acute care hospital which has certified, and recertifies annually, that a sexual assault nurse examiner as defined in KRS 314.011 is available on call twenty-four (24) hou…

syndrome. (1) When a person is admitted to a hospital emergency department or hospital emergency room for treatment of a drug overdose: (a) The person shall be informed of available substance use disorder treatment services known to the hospital that are provided by that hospital…

(1) As used in this section, "urgent treatment facility" or "urgent care facility" means a facility that delivers medically necessary ambulatory medical care apart from a hospital emergency department setting usually on a walk-in basis. (2) All urgent treatment or urgent care fac…

As used in this section and KRS 216B.455 and 216B.457: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Community-based" means a facility that is located in an existing residential neighborhood or community; (3) "Freestanding" means a completely detached build…

treatment facilities -- Licensure -- Certification -- Restriction on location -- Restriction on number of beds -- Care and services for persons discharged from Level I and Level II facilities. (1) A certificate of need shall be required for all Level I psychiatric residential tre…

treatment facilities -- Beds and locations permitted -- Contents of certificate application -- Criteria -- Staffing requirements -- Criminal records check -- Treatment plan -- Duties of Level II facility -- Administrative regulations -- Annual report. (1) A certificate of need sh…

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 …