Title XVIII, Public Health

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 …

(1) A health care services agency shall submit quarterly reports to the cabinet. (2) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish requirements for health care services agencies to submit quarterly reports. The quarterly r…

assisted living community -- Personal-care homes and assisted living communities prohibited from admitting minors. (1) Prior to admission to a personal-care home or assisted living community as defined in KRS 194A.700, an individual shall have a medical examination that includes …

As used in KRS 216.785 to 216.793, unless the context otherwise requires: (1) "Assisted living community" shall have the same meaning as in KRS 194A.700; (2) "Crime" means a conviction of or a plea of guilty to a felony offense related to theft; abuse or sale of illegal drugs; ab…

serving senior citizens -- Preemployment check with Justice and Public Safety Cabinet. (1) No agency providing services to senior citizens which are funded by the Department for Community Based Services of the Cabinet for Health and Family Services or the Department for Aging and…

health care services agencies providing staff to nursing facilities, or in assisted living communities -- Preemployment check with Justice and Public Safety Cabinet -- Temporary employment. (1) No long-term care facility as defined by KRS 216.535(1), health care services agency p…

Fee. (1) Each application form provided by the employer, or each application form provided by a facility either contracted or operated by the Department for Behavioral Health, Developmental and Intellectual Disabilities of the Cabinet for Health and Family Services, to the applic…

As used in KRS 216.880 to 216.890 the following definitions shall apply: (1) "Prescribed pediatric extended care center" hereinafter referred to as a "PPEC center," means any building or other place, whether operated for profit or not, which undertakes through its ownership or ma…

For the administration of KRS 216.875 to 216.890, facilities to be licensed by the cabinet shall include all PPEC centers as defined in KRS 216.875 except a facility, institution, or other place operated by the federal government or any agency thereof.

(1) It is unlawful to operate or maintain a PPEC center without first obtaining a certificate of need and a license for the PPEC center from the cabinet. The cabinet is responsible for licensing PPEC centers in accordance with the provisions of KRS Chapter 216B. (2) Separate lice…

(1) On or before July 1, 1989, the Cabinet for Health and Family Services shall promulgate administrative regulations to implement the provisions of KRS 216.875 to 216.890, which shall include reasonable and fair standards. Such standards shall relate to: (a) The assurance that P…

As used in KRS 216.935 to 216.939, unless the context requires otherwise: (1) "Direct-care staff member" means a home health aide or a personal service aide whose work involves extensive contact with residents or program participants who exhibit symptoms of Alzheimer's disease or…

The Cabinet for Health and Family Services shall establish an abuse registry to include information pertaining to findings of resident neglect as defined at 42 C.F.R. 488.301 or abuse as defined at 42 C.F.R. 488.301, and misappropriation of resident property by a nurse aide or ho…

Home health agencies shall not be operated by or employ any person who is listed on the expanded or modified nurse aide abuse registry as permitted by 42 C.F.R. 483.156. The expanded or modified nurse aide abuse registry shall be checked prior to the employment of a home health a…

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…

procedures. The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A that establish and maintain an abuse registry for nurse aides and home health aides. The cabinet shall also expand or modify the hearing and appea…

As used in KRS 216.940 to 216.945: (1) "Charitable health care provider" means any person, agency, clinic, or facility, licensed or certified by the Commonwealth or under a comparable provision of law of another state, territory, district, or possession of the United States, enga…

care -- Registration -- Availability of information -- Report. (1) Notwithstanding any provision of law to the contrary, no additional license or certificate otherwise required under the provisions of KRS Chapters 211, 216, 311, 312, or 314 shall be necessary for the voluntary pr…

With regard to a person who provides charitable health care services under KRS 216.941, the provisions of KRS Chapters 211, 216, 311, 312, or 314 shall not apply with respect to itinerant providers, licensing, or certification and all requirements regarding display of a license o…

The General Assembly of the Commonwealth finds that access to high-quality health care services is a concern of all persons; that access to such services is limited for some residents of the Commonwealth, particularly those residing in remote rural areas or inner cities; that phy…

KRS 216.940 to 216.945 may be cited as the Kentucky Charitable Health Care Services Act.

(1) Any person who, in willful violation of this chapter, operates a health facility or abortion facility without first obtaining a license or continues to operate a health facility or abortion facility after a final decision suspending or revoking a license shall be fined not le…

Misdemeanors shall be punishable by a fine of not more than one hundred dollars ($100). Each day of violation shall constitute a separate offense.

The provisions of this chapter shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing legend drugs, or to any of their employees acting within the scope of their employment; or to public officers or their employees in the performa…