KRS § 222.506 — KY Code / Title XVIII / Chapter 222 / Section 222.506
222.506 Requirements for recovery residences -- Prohibition against providing medical and clinical services -- Exceptions
Status: in_force

222.506 Requirements for recovery residences -- Prohibition against providing

medical and clinical services -- Exceptions.

(1) A recovery residence shall:

(a) Clearly disclose the following by inclusion in any advertising and by posting

such a notice in a conspicuous location inside the residence:

1. Notice that the recovery residence is not a treatment facility;

2. A list of services offered by the recovery residence; and

3. If the recovery residence is exempt from certification pursuant to KRS

222.502(1)(b), notice that the recovery residence is exempt from

certification requirements;

(b) Require residents to abstain from the use of alcohol, illicit drugs, and other

intoxicating substances;

(c) Require residents to participate in recovery support services including through

a peer-to-peer supervision model; and

(d) Allow individuals who are receiving medication for addiction treatment to

continue to receive such treatment while residing in the recovery residence as

directed by a licensed prescriber.

(2) A recovery residence shall not, except as permitted under subsection (3) of this

section, directly provide any medical or clinical services including on-site

medication administration.

(3) (a) The requirement that residents abstain from the use of intoxicating substances

established in subsection (1)(b) of this section shall not apply to any legally

prescribed medication when used by a resident as directed by a licensed

prescriber.

(b) Subsection (1)(d) of this section shall not apply to any recovery residence

owned or operated by an entity that is exempted, in part or in whole, pursuant

to 42 U.S.C. sec. 3607 or 12187 from compliance with the Americans with

Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No.

100-430.

(c) The prohibition on the provision of on-site medical and clinical services

established in subsection (2) of this section shall not apply to:

1. The self-administration of prescribed medications by a resident as

directed by a licensed prescriber within his or her scope of practice;

2. Verification of abstinence from the use of alcohol, illicit drugs, and

other intoxicating substances; or

3. The provision of on-site medical and clinical services, including

telehealth services and other in-residence services, to an individual

residing in a recovery residence by a licensed medical or behavioral

health provider provided that:

a. The licensed provider is not employed or contracted by the

recovery residence unless at least one (1) of the following criteria

is met:

i. The recovery residence does not receive payment from the

licensed provider;

ii. The recovery residence makes on-site clinical services

available from an outside service provider, but each resident

may utilize the clinical service provider of his or her

choosing; or

iii. The recovery residence is operated by or is a direct

subsidiary of the licensed provider and the services are

provided as part of a continuum of care that can be shown by

the recovery residence operator to include step-down

facilities with resident-driven length of stay or referral

thereof;

b. The recovery residence has not required or otherwise induced a

resident to receive services from a specific provider unless the

recovery residence is operated by or is a direct subsidiary of the

provider and the services are provided as part of a continuum of

care that can be shown by the recovery residence operator to

include step-down facilities with resident-driven length of stay or

referral thereof; and

c. The licensed provider and the recovery residence shall each, as

applicable, comply with 18 U.S.C. sec. 220, 42 U.S.C. sec. 1320a-

7b(b), and 42 U.S.C. sec. 1395nn and any amendments thereto.