Title XVII, Economic Security and Public Welfare

receive by ICF/ID -- Transport of person. (1) The court which orders any person to an ICF/ID under the provisions of this chapter, shall at once notify the cabinet that the order has been made, advising of the sex and condition of the person. (2) The ICF/ID may refuse to receive …

(1) When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections s…

between facilities. (1) The cabinet may transfer mentally ill patients or patients with an intellectual disability between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and residential treatment centers for individuals with an intellectual di…

Upon the filing of a petition for involuntary admission pursuant to KRS 202B.045, the court shall appoint an attorney to represent the respondent with the appointment and representation to continue unless the respondent retains private counsel. The appointed attorney shall be for…

(1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily hospitalized may be immediately admitted to a hospital at the request of the secretary or his designated representative. (2) Wit…

The respondent shall be present at all hearings unless the respondent and the respondent's attorney waive the respondent's rights to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent shou…

(1) If an individual ordered to be hospitalized pursuant to this chapter is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of certificate from such agency showing that facilities are available and that the individual is eligibl…

Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the manner as other appeals from District Court to Circuit Court. Appeals may be taken by the Commonwealth, the individual who is subject to the p…

(1) Upon receipt of a certificate of the United States Public Health Service or such other agency of the United States government that facilities are available for the care or treatment of any person heretofore hospitalized in any mental hospital or other institution in this stat…

(1) Every resident admitted under the provisions of this chapter shall have an annual review conducted by an interdisciplinary team of the ICF/ID to determine the appropriateness of and the necessity for care and treatment provided the resident in the ICF/ID. On or before the ann…

person's need for privacy and ability to use telephone. All individuals transporting or holding persons under KRS Chapter 202A, 202B, or 645, shall use the least restrictive level of restraint consistent with the person's needs. The Cabinet for Health and Family Services shall pr…

to participate in treatment plan. (1) Every ICF/ID approved under the provisions of this chapter shall have a review committee of three (3) qualified professionals in the area of intellectual disabilities appointed by the facility director. This review committee shall have the au…

resident or certain persons. (1) No less than once in every five (5) years following the initial order for involuntary admission of a resident to an ICF/ID, or an order authorizing continued care and treatment following review pursuant to this section, the court shall hold a hear…

Criminal charges not to be placed to avoid transportation. No person held under the provisions of this chapter shall be detained in jail unless criminal charges are also pending. No peace officer or any other person shall place criminal charges against a person who is mentally il…

At any time, and without notice, a person detained at a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of the detention and request that the Circuit Court…

October 1, 2026) No public or private hospital, other than a state-operated or contracted mental hospital or institution, shall be required to provide services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.0811 to 202A.0831, 202A.101, 202A.1…

(1) A physician may release a resident on convalescent leave status when the interdisciplinary team concludes that the resident would not present a danger or a threat of danger to self, family, or others if provided with continued medical supervision in a less restrictive alterna…

October 1, 2026) Each public or private hospital, other than a state-operated or contracted mental hospital or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.0811 to 202A.0831, 202A.101, 202A.141, 202A.241…

resident to ICF/ID. If a resident undergoing involuntary treatment on an inpatient basis is absent from the ICF/ID without or in excess of authorization from the ICF/ID staff, the person in charge or that person's designee may notify the appropriate sheriff or other peace officer…

Upon recommendation or approval of the interdisciplinary team of an ICF/ID, a physician may admit for respite care an individual with an intellectual disability. Respite care provided to any individual with an intellectual disability under this section shall not exceed a total of…

for further admission. (1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily admitted may be immediately admitted to an ICF/ID at the request of the secretary or the secretary's desi…

Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions, provided that such activities are performed in good faith within the scope of their professional duties and in a manner consistent with…

threat of violence. (1) No monetary liability and no cause of action shall arise against any mental health professional for failing to predict, warn of or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental h…

Department of Corrections upon discharge, transfer, or escape of involuntarily committed patient charged or convicted of a violent crime -- Immunity for acting in good faith -- Notification of victim -- Administrative regulations. (1) When a patient who has been involuntarily com…

As used in KRS 202A.420 to 202A.432, unless the context requires otherwise: (1) "Advance directive for mental health treatment" or "advance directive" means a written document, or a document in a form consistent with the provisions of the federal Americans with Disabilities Act (…

notaries, and persons authorized to administer oaths -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability. (1) An adult may execute an advance directive for mental health treatment that includes one…

(1) A surrogate designated by a grantor in an advance directive for mental health treatment shall act on behalf of the grantor in accordance with the desires of the grantor as indicated in the advance directive and may override the advance directive only if there is substantial m…

of refusal. (1) A health care provider or health care facility shall provide mental health treatment that complies with the instructions in an advance directive to the fullest extent possible when the instructions are within standards for mental and physical health care and permi…

An advance directive may be revoked by: (1) A document that is signed and dated by the grantor and declares an intention to revoke; (2) An oral statement of intent to revoke made by a grantor to a health care provider in the presence of some other person; or (3) Destruction of th…

An advance directive for mental health treatment shall be in substantially the following form: "Advance directive for mental health treatment I, ___________, willfully and voluntarily execute this advance directive for mental health treatment. I want the instructions in this adva…

KRS 202A.420 to 202A.432 may be cited as the Kentucky Advance Directive for Mental Health Act.

(1) The unwarranted admission of any person under the provisions of this chapter; or (2) The denial of any person of any of the rights accorded to him under the provisions of this chapter shall be punished by a fine not exceeding five thousand dollars ($5,000) or imprisonment for…

(1) Any person who willfully causes or conspires with or assists another in causing: (a) The unwarranted hospitalization of any individual under the provisions of this chapter; or (b) The denial of any individual of any of the rights accorded to him under the provisions of this c…

As used in this chapter, unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Secretary" means the secretary for health and family services or his authorized representative; (3) "Public assistance" means money grants, assista…

Note: 1948 Ky. Acts ch. 236 created three new sections of the statutes, reading exactly the same, to be numbered KRS 200.045, 205.045, and 207.085. These three sections were consolidated into one, and codified as KRS 45.235, effective 1948.

(1) In the discharge of the duties imposed by this chapter the secretary or his duly authorized representative may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers…

The Office of the Attorney General shall submit a report to the Legislative Research Commission on efforts to implement KRS 15.812, 205.1781, 205.193, 205.200, 205.5371, 205.5373, 205.5375, and 205.5376 no later than December 1, 2022, within one (1) year after July 14, 2022, and …

Conditions. The Attorney General shall: (1) On behalf of the Commonwealth of Kentucky, have jurisdiction to enforce this chapter; and (2) Bring an action against the Cabinet for Health and Family Services if any statutory provisions are not fully implemented as required by KRS 15…

furnished. (1) All letters, reports, communications, and other matters, written or oral, to the cabinet or any of its agents, representatives, or employees, or to any board or official functioning under this chapter which have been written, sent, or made in connection with the re…

Conditions. (1) Notwithstanding any existing state statute or regulation to the contrary, any pertinent information concerning individual clients, patients, or applicants in the possession of the Justice and Public Safety Cabinet, Cabinet for Health and Family Services, Departmen…

on recipients of Medicaid and Supplemental Nutrition Assistance Program benefits for effects on eligibility -- Memorandum of understanding with entities providing information -- Independent vendors -- Multistate cooperative -- Waiver of federal requirements relating to Supplement…

(1) The General Assembly hereby affirms the mission of the Supplemental Nutrition Assistance Program, formerly known as the federal food stamp program, to supplement the food budgets of needy families so that they can purchase healthy food and move toward self-sufficiency. To tha…

- Online employment and training program -- Administrative regulations. In order to improve access to the Supplemental Nutrition Assistance Program, reduce administrative costs associated with the program, and enhance program integrity, the cabinet shall: (1) Within one hundred e…

to determine registration status of boarding home. The Cabinet for Health and Family Services shall conduct an annual review of all addresses or locations at which four (4) or more persons reside who receive state supplementation of federal supplemental security income benefits t…

The secretary for health and family services may authorize the destruction of such original reports and records as have been properly recorded or summarized in the permanent records of the cabinet or are no longer considered necessary to the proper administration of the cabinet. …

and 205.525. For the purposes of KRS 15.812, 205.178, 205.193, 205.200, 205.231, 205.232, and 205.525, unless context requires otherwise: (1) "Cash assistance": (a) Means cash benefits provided under this chapter, including via an electronic benefit transfer card; and (b) Does no…

recipient's use of cash assistance benefits -- Penalties -- Duties of cabinet. (1) The cabinet shall establish and maintain policies and practices necessary to ensure compliance with 42 U.S.C. sec. 608(a)(12). (2) If a cash recipient of public assistance benefits uses an automate…

(1) A needy aged person, a needy blind person, a needy child, a needy permanently and totally disabled person, or a person with whom a needy child lives shall be eligible to receive a public assistance grant only if he or she has made a proper application or an application has be…

standard of need" defined. For purposes of eligibility for public assistance under Title IV-A of the Federal Social Security Act, "public assistance under Title IV-A of the Federal Social Security Act standard of need" means an amount no less than the poverty income level by size…

recipients -- Supplemental Nutrition Assistance Program Employment and Training state plan initiatives -- Annual report. (1) The secretary shall promulgate administrative regulations in accordance with KRS Chapter 13A to develop a work program for recipients of public assistance …