reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:180 - Psychiatric hospitals; operation and services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500,
				198B.260,
				200.503, 202A, 202B, 209.032,
				210.005, 211.842-211.852, 216.380(7) and (8), 216B.010-216B.131, 216B.175,
				216B.990, 309.080, 309.130, 311.560, 311.571, 311.840 - 311.862, 314.011(8),
				314.042, 319.050, 319.056, 319.064, 319C.010, 320.240(14), 335.080, 335.100,
				335.300, 335.500, 439.3401, 42 C.F.R. Part 2,
				45 C.F.R.
				160,
				164,
				20 U.S.C.
				1400,
				29 U.S.C.
				701,
				42 U.S.C.
				290ee-3,
				42 U.S.C.
				1320d-2-
				1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations to govern health
				facilities and health services.
				KRS
				216B.175(4) requires the
				cabinet to promulgate administrative regulations to establish requirements for
				the history and physical examination performed in an acute or psychiatric
				hospital. This administrative regulation establishes minimum licensure
				requirements for the operation and services of psychiatric hospitals and for
				the provision of psychiatric services in general acute care hospitals or
				critical access hospitals which have a psychiatric unit. In addition, this
				administrative regulation establishes requirements for psychiatric hospitals
				and general acute care hospitals or critical access hospitals that have a
				psychiatric unit and elect to provide outpatient behavioral health
				services.
Section 1. Definitions.
(1) "Behavioral health professional" means:
(a) A psychiatrist licensed under the laws of
			 Kentucky to practice medicine or osteopathy or a medical officer of the
			 government of the United States while engaged in the performance of official
			 duties who is certified or eligible to apply for certification by the American
			 Board of Psychiatry and Neurology, Inc;
(b) A physician licensed in Kentucky to
			 practice medicine or osteopathy in accordance with
			 KRS
			 311.571;
(c) A psychologist licensed and practicing in
			 accordance with KRS
			 319.050;
(d) A certified psychologist with autonomous
			 functioning or licensed psychological practitioner practicing in accordance
			 with KRS
			 319.056;
(e) A clinical social worker licensed and
			 practicing in accordance with
			 KRS
			 335.100;
(f) An advanced practice registered nurse
			 licensed and practicing in accordance with
			 KRS
			 314.042;
(g) A physician assistant licensed under
			 KRS
			 311.840 to
			 311.862;
(h) A marriage and family therapist licensed
			 and practicing in accordance with
			 KRS
			 335.300;
(i) A professional clinical counselor
			 licensed and practicing in accordance with
			 KRS
			 335.500; or
(j) A licensed professional art therapist as
			 defined by KRS
			 309.130(2).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:230 - Comprehensive physical rehabilitation hospital; facility specifications

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216B.010-216B.131,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.040 and
				216B.105(3)
				mandate that the Cabinet for Human Resources regulate health facilities and
				health services. This administrative regulation provides the licensure
				requirements for the structural specifications and physical plant requirements
				for new construction and alteration and maintenance of comprehensive physical
				rehabilitation hospitals. Comprehensive physical rehabilitation hospitals
				licensed prior to the effective date of this administrative regulation shall
				meet the structural specifications in force on the date of their most recent
				licensure inspection.
Section 1.
			 Definitions.
(1) "Certificate of need" means
			 an authorization by the Commission for Health Economics Control in Kentucky to
			 proceed to acquire, to establish, to offer, to substantially change the bed
			 capacity, or to substantially change a health service pursuant to KRS Chapter
			 216B.
(2) "Facility" means a
			 comprehensive physical rehabilitation hospital.
(3) "License" means an authorization issued
			 by the Commission for the purpose of operating a hospital facility.
(4) "Licensure agency" means the Division for
			 Licensing and Regulation in the Office of the Inspector General, Cabinet for
			 Human Resources.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:240 - Comprehensive physical rehabilitation hospital services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.030(1),
				216B.010,
				216B.015,
				216B.040,
				216B.045-216B.055,
				216B.075,
				216B.105-216B.131,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health and Family Services to establish administrative regulations
				for proper administration of the health care facility licensure function. This
				administrative regulation establishes minimum licen-sure requirements for
				inpatient comprehensive physical rehabilitation services, including
				rehabilitation services in hospital-based rehabilitation units.
Section 1. Definitions.
(1) "Dietician" is defined at
			 KRS
			 310.005(3).
(2) "Full-time equivalent" (FTE) means:
(a) One (1) employee working thirty-seven and
			 five-tenths (37.5) hours per week; or
(b) More than one (1) part-time employee
			 whose combined working hours total thirty-seven and five-tenths (37.5) hours
			 per week.
(3) "Governing
			 authority" means the individual, agency, partnership, or corporation that
			 directs and establishes policy concerning the management and operation of a
			 comprehensive physical rehabilitation program.
(4) "Institution" means a freestanding
			 specialty hospital or a general hospital based unit providing inpatient
			 comprehensive physical rehabilitation services.
(5) "Medical staff" means an organized body
			 of physicians, and dentists if applicable, appointed by the governing
			 authority. Members of the medical staff shall be licensed to practice medicine
			 or dentistry in Kentucky, except for graduate physicians in the first year of
			 facility training.
(6)
			 "Nutritionist" is defined at
			 KRS
			 310.005(4).
(7) "Protective device" means a device
			 designed to protect a person from falling, including a side rail, safety vest,
			 or safety belt.
(8) "Registered
			 Health Information Administrator" means a person certified as a registered
			 records administrator by the American Health Information Management
			 Association.
(9) "Registered Health
			 Information Technician" means a person certified as an Accredited Record
			 Technician by the American Health Information Management Association.
(10) "Restraint" means any pharmaceutical
			 agent or physical or mechanical device used to restrict the movement of a
			 patient or the movement of a portion of a patient's body.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:260 - Hospital-owned pain management clinics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.260, 216B.010-216B.131,
				216B.990,
				218A.175,
				218A.205,
				311, 314,
				29 C.F.R.
				1910.1030(d)(2) (viii), 45
				C.F.R. 160, 164,
				21
				U.S.C. 801 -
				971,
				42
				U.S.C. 1320d-2
				- 1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 and
				216B.105
				require the Cabinet for Health and Family Services to promulgate administrative
				regulations governing health facilities and health services. This
				administrative regulation establishes the minimum licensure requirements for
				the operation of a pain management clinic if the clinic's primary practice
				component is the treatment of pain using controlled substances, and the clinic
				is located off the campus of the hospital that has majority ownership
				interest.
Section 1. Definitions.
(1) "Diagnostic services" means services that
			 are performed to ascertain and assess an individual's physical health
			 condition.
(2) "License" means an
			 authorization issued by the cabinet for the purpose of operating a
			 hospital-owned pain management clinic.
(3) "Unencumbered license" means a
			 prescriber's license that has not been restricted by the state professional
			 licensing board due to an administrative sanction or criminal conviction
			 relating to a controlled substance.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:275 - Freestanding or mobile technology

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.842 - 211.852, 216B.010-216B.170,
				216B.990,
				29 C.F.R.
				1910.1030(d)(2)(vii), 45
				C.F.R. 160, 164,
				42 U.S.C.
				263b(f)(1)(G),
				1320d
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations necessary for the
				proper administration of the licensure function, which includes establishing
				licensure standards and procedures to ensure safe, adequate, and efficient
				health facilities and health services. This administrative regulation
				establishes the minimum licensure requirements for the operation of and
				services provided by a freestanding or mobile technology unit.
Section 1. Definitions.
(1) "License" means an authorization issued
			 by the cabinet for the purpose of operating a freestanding or mobile technology
			 unit.
(2) "Magnetic resonance
			 imaging" or "MRI" means a diagnostic imaging modality that utilizes magnetic
			 resonance, an interaction between atoms and electromagnetic fields, to project
			 images of internal body structures.
(3) "Positron emission tomography scanning"
			 or "PET scanning" means a procedure that allows the study of metabolic
			 processes, such as oxygen consumption and utilization of glucose and fatty
			 acids, by capturing images of cellular activity or metabolism by tracking the
			 movement of radioactive tracers throughout the body.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:280 - Prescribed pediatric extended care centers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.260,
				216.875,
				216.880,
				216.885,
				311.571,
				314.041,
				319A.010(3),
				327.010(2),
				334A.020(3),
				335.090,
				620.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary for the proper administration of the licensure function, which
				includes establishing licensure standards and procedures to ensure safe,
				adequate, and efficient health facilities and health services.
				KRS
				216.890 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations to implement the
				provisions of
				KRS
				216.875 to
				216.890,
				which include standards related to the operation of prescribed pediatric
				extended care (PPEC) centers. This administrative regulation establishes the
				requirements for prescribed pediatric extended care centers.
Section 1. Definitions.
(1) "Child life specialist" means an
			 individual who has:
(a) A minimum bachelor's
			 degree with an educational emphasis on:
1.
			 Human growth and development;
2.
			 Education, which may include early childhood education;
3. Psychology; or
4. A related field of study; and
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:310 - Facility specifications; nursing facility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216B.010-216B.130,
				216B.990(1),
				(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 and
				216B.105
				mandate that the Kentucky Cabinet for Human Resources regulates health
				facilities and health services. This administrative regulation provides
				licensure requirements for structural specifications for the construction,
				alteration and maintenance of nursing facilities.
Section 1. Definitions.
(1) "Board" means the Commission for Health
			 Economics Control in Kentucky.
(2)
			 "License" means an authorization issued by the cabinet for the purpose of
			 operating a nursing facility.
(3)
			 "Licensure agency" means the Division for Licensing and Regulation in the
			 Office of the Inspector General, Cabinet for Human Resources.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:320 - Level I and Level II psychiatric residential treatment facility operation and services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.165,
				17.500,
				200.503,
				216B.105,
				216B.450-216B.457,
				309.080,
				309.130,
				311.571,
				311.840
				- 311.862, 311.858, 314.011, 314.042, 319.050, 319.056, 319.064, 319C.010,
				320.240, 335.100, 335.300, 335.080, 335.500, 439.3401, 645.020,
				42 C.F.R.
				441.156,
				42 C.F.R.
				483.350-483.376
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Kentucky Cabinet for
				Health and Family Services to promulgate administrative regulations to govern
				health facilities and services.
				KRS
				216B.455 and
				216B.457
				require the cabinet to promulgate administrative regulations establishing
				requirements for psychiatric residential treatment facilities. This
				administrative regulation provides minimum licensure requirements regarding the
				operation of and services provided in Level I or Level II psychiatric
				residential treatment facilities, including those facilities which elect to
				provide outpatient behavioral health services.
Section 1. Definitions.
(1) "BAMT" or "Blood Assay for Mycobacterium
			 tuberculosis" means a diagnostic blood test that:
(a) Assesses for the presence of infection
			 with M. tuberculosis; and
(b)
			 Reports results as positive, negative, indeterminate, or borderline.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:330 - Psychiatric residential treatment facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.105, 216B.450-216B.457
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 and
				216B.105
				mandate that the Kentucky Cabinet for Health and Family Services regulate
				health facilities and services.
				KRS
				216B.457 requires the cabinet to promulgate
				administrative regulations establishing requirements for psychiatric
				residential treatment facilities. This administrative regulation establishes
				physical plant requirements for Level I and Level II psychiatric residential
				treatment facilities (PRTF), and allows existing facilities or residential
				units, with modifications, to be licensed as a Level I PRTF facility.
Section 1. Definitions.
(1) "Certificate of need" is defined by
			 KRS
			 216B.015(8).
(2) "Licensure agency" means the Cabinet for
			 Health and Family Services, Office of the Inspector General.
(3) "Living unit" means:
(a) The area within a single building that is
			 supplied by a Level I facility for daily living and therapeutic interaction of
			 no more than nine (9) residents; or
(b) The area within a Level II facility that
			 is designated for daily living and therapeutic interaction of no more than
			 twelve (12) residents.
(4) "Psychiatric residential treatment
			 facility" or "PRTF" is defined by
			 KRS
			 216B.450(5) as a Level I
			 facility or a Level II facility.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:360 - Abortion facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 15.241, 213.101,
				216B.010-216B.130, 216B.990, 311.710-311.830, 314.011(8), 314.042(8), Chapter
				333,
				29 C.F.R.
				1910.1030, 40 C.F.R. Part 403, 42 C.F.R. Part
				493
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.0431 requires that the Cabinet for
				Health and Family Services regulate abortion facilities. This administrative
				regulation establishes the licensure requirements for abortion
				facilities.
Section 1. Definitions.
(1) "Abortion" is defined by
			 KRS
			 311.720(1).
(2) "Abortion facility" is defined by
			 KRS
			 216B.015(1).
(3) "Cabinet" is defined by
			 KRS
			 216B.015(6).
(4) "Volunteer" means a person who is not an
			 employee of the abortion facility, but has direct patient health care
			 responsibilities performed within the abortion facility, and excludes any
			 individual whose only duties include ushering patients into the
			 facility.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:365 - Kentucky abortion-inducing drug certification program and registration of qualified physicians

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.015,
				216B.105,
				216B.200 - 216B.210, 311.720(1),
				311.7731, 311.7733, 311.7734
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.202(1) requires the
				cabinet to promulgate administrative regulations in accordance with KRS Chapter
				13A to establish a certification program to oversee and regulate the
				distribution and dispensing of abortion-inducing drugs.
				KRS
				216B.206 requires the cabinet to establish
				requirements for physicians who prescribe abortion-inducing drugs.
				KRS
				311.7733 requires a physician to be
				registered with the cabinet before providing abortion-inducing drugs. This
				administrative regulation establishes requirements for physicians,
				manufacturers, distributors, and abortion facilities that prescribe, transport,
				supply, dispense, or sell abortion-inducing drugs.
Section 1. Definitions.
(1) "Abortion" is defined by
			 KRS
			 311.720(1).
(2) "Abortion facility" is defined by
			 KRS
			 216B.015(1).
(3) "Abortion-inducing drug" is defined by
			 KRS
			 311.7731(2).
(4) "Cabinet" is defined by
			 KRS
			 311.7731(5).
(5) "Distributor" is defined by
			 KRS
			 311.7731(9).
(6) "Hospital" is defined by
			 KRS
			 311.720(7).
(7) "Manufacturer" is defined by
			 KRS
			 311.7731(9).
(8) "Physician" is defined by
			 KRS
			 311.720(12).
(9) "Provide" is defined by
			 KRS
			 311.7731(13).
(10) "Qualified physician" is defined by
			 KRS
			 311.7731(14).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:370 - Operations and services; private duty nursing agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				216B.020,
				314.041,
				314.051,
				45 C.F.R. Parts 160, 164,
				42
				U.S.C. 1320d-2
				- 1320d-8
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary for the proper administration of the licensure function and establish
				licensure standards to ensure safe, adequate, and efficient health facilities
				and health services. This administrative regulation establishes minimum
				licensure requirements for the operation of and services provided by private
				duty nursing agencies.
Section 1.
			 Definitions.
(1) "Private duty nursing
			 agency" means a public or private organization, including any partnership,
			 corporation, or other legal entity, that provides or arranges for the provision
			 of private duty nursing services.
(2) "Private duty nursing services" means the
			 delivery of skilled nursing services as defined by subsection (3) of this
			 section.
(3) "Skilled nursing
			 services" means the delivery of nursing care to a patient of a private duty
			 nursing agency that:
(a) Exceeds the level of
			 routine health monitoring;
(b) Is
			 clinically appropriate;
(c) Is
			 provided on a continuous basis or as part-time or short-term nursing
			 care;
(d) Is subject to:
1. A nursing reassessment no less than every
			 ninety (90) days; and
2. Frequent
			 changes in the plan of treatment;
(e) Is based on the expectation that the
			 service will improve, restore, or maintain function, or slow the patient's
			 decline of the disease or functional ability; and
(f) Includes skilled interventions provided
			 directly by a licensed nurse. Examples of skilled interventions may include:
1. Bowel and bladder care;
2. Administering medications or
			 oxygen;
3. Furnishing infusion
			 therapy services;
4. Medication
			 setups;
5. Treating decubitus
			 ulcers, skin breakdown, or other types of wound care; or
6. Ventilation care.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:380 - Operation and services; residential hospice facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.010,
				216B.015,
				216B.040,
				216B.042,
				216B.045-216B.055,
				216B.075,
				216B.105-216B.131,
				216B.990,
				311.560(4),
				314.011(8),
				314.041,
				314.051,
				Chapter 315, 40 C.F.R. 403
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health Services to establish and enforce licensure standards and
				procedures for health facilities and health services. This administrative
				regulation establishes licensure requirements for residential hospice facility
				operation and services.
Section 1.
			 Definitions.
(1) "Administrator" means a
			 person who has:
(a) Served as an
			 administrator for a hospice program in accordance with
			 902 KAR
			 20:140, or a residential hospice facility licensed in
			 accordance with this administrative regulation; or
(b) A bachelor of arts or bachelor of science
			 degree in a health care, human services, or administrative curriculum;
			 or
(c) Equivalent administrative
			 work experience in a health care facility.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:390 - Paid feeding assistants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050,
				216.532,
				216.789,
				216.936,
				216B.040,
				314.011(5),
				(9),
				42 C.F.R.
				483.75(q),
				483.160,
				488.301
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health and Family Services to establish licensure standards to
				ensure safe, adequate, and efficient health care facilities.
				KRS
				216B.075 requires the cabinet to promulgate
				administrative regulations respecting application and review procedures to
				comply with any federal laws and regulations promulgated thereunder.
				42 C.F.R.
				483.35(h) authorizes the
				state agency to develop an approved training and practical skills program that
				establishes standards for paid feeding assistants and mandates supervision by a
				registered nurse or licensed practical nurse. This administrative regulation
				establishes certification requirements for the employment of paid feeding
				assistants in licensed nursing facilities and skilled nursing facilities to
				assist residents who only need encouragement or minimal assistance during
				mealtime.
Section 1. Definitions.
(1) "Complicated feeding problem" means a
			 condition that requires supervision and assistance by a licensed nurse or
			 certified nurse aide and includes:
(a)
			 Difficulty with swallowing;
(b)
			 Recurrent lung aspiration;
(c)
			 Assistance through tube or parenteral/IV feedings; or
(d) Any other condition requiring the
			 assistance of a licensed nurse or a certified nurse aide.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:440 - Facilities specifications, operation and services; residential crisis stabilization units

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500,
				200.503(2),
				210.005,
				216B.050,
				216B.105(2),
				309.080(4),
				309.0831,
				309.130(2),
				311.571,
				311.840
				- 311.862, 314.042, 319.050, 319.056, 319.064, 319C.010, 335.080, 335.100,
				335.300, 335.500, 439.3401, 45 C.F.R. Parts 160, 164,
				42
				U.S.C. 1320d-2
				- 1320d-8, 42 U.S.C.
				209ee-3, 42 C.F.R. Part 2
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations necessary for the
				proper administration of the licensure function, which includes establishing
				licensure standards and procedures to ensure safe, adequate, and efficient
				health facilities and health services. This administrative regulation
				establishes minimum licensure requirements for the operation of residential
				crisis stabilization units that serve at-risk children or children with severe
				emotional disabilities, at-risk adults or adults with severe mental illness, or
				individuals with substance use disorder or co-occurring disorders.
Section 1. Definitions.
(1) "Behavioral health professional" means:
(a) A psychiatrist licensed under the laws of
			 Kentucky to practice medicine or osteopathy, or a medical officer of the
			 government of the United States while engaged in the performance of official
			 duties, who is certified or eligible to apply for certification by the American
			 Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of
			 Neurology and Psychiatry;
(b) A
			 physician licensed in Kentucky to practice medicine or osteopathy in accordance
			 with
			 KRS
			 311.571;
(c) A psychologist licensed and practicing in
			 accordance with
			 KRS
			 319.050;
(d) A certified psychologist with autonomous
			 functioning or licensed psychological practitioner practicing in accordance
			 with
			 KRS
			 319.056;
(e) A clinical social worker licensed and
			 practicing in accordance with
			 KRS
			 335.100;
(f) An advanced practice registered nurse
			 licensed and practicing in accordance with
			 KRS
			 314.042;
(g) A physician assistant as defined by
			 KRS
			 311.840(3);
(h) A licensed marriage and family therapist
			 as defined by
			 KRS
			 335.300(2);
(i) A licensed professional clinical
			 counselor as defined by
			 KRS
			 335.500(3); or
(j) A licensed professional art therapist as
			 defined by
			 KRS
			 309.130(2).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:450 - Ambulatory infusion agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.500(8),
				216B.042,
				439.3401,
				42 C.F.R.
				486.500-486.525,
				42 C.F.R.
				488.1000-488.1050, 45
				C.F.R. Parts 160, 164,
				42
				U.S.C. 1320d-2-1320
				d-8
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				216B.042(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary for the proper administration of the licensure function, which
				includes establishing licensure standards and procedures to ensure safe,
				adequate, and efficient health facilities and health services. This
				administrative regulation establishes minimum licensure requirements for the
				operation of ambulatory infusion agencies that provide infusion therapy
				services in a patient's home or in an ambulatory infusion center.
Section 1. Definitions.
(1) "Ambulatory infusion center" means an
			 outpatient treatment center that provides infusion therapy services, excluding
			 an off-campus, Kentucky-hospital owned center or service that meets the
			 licensing exemption criteria of
			 900
			 KAR 6:130, Section 3(3).
(2) "Home" means a place of residence used as
			 the home of an individual, including an institution that is used as a home. An
			 institution used as a home shall not include a:
(a) Hospital, including critical access
			 hospital; or
(b) Long-term care
			 facility defined by
			 KRS
			 216.510(1).
(3) "Infusion drug" means a
			 parenteral drug or biological administered intravenously, or sub-cutaneously
			 for an administration period of fifteen (15) minutes or more, in the patient's
			 home or in an ambulatory infusion center through:
(a) An injection; or
(b) A pump that is an item of durable medical
			 equipment, excluding:
1. An insulin pump
			 system; or
2. A self-administered
			 drug or biological on a self-administered drug exclusion list.
(4) "Infusion therapy
			 services" means the preparation, administration, or furnishing of parenteral
			 medications, parenteral nutritional services, or administration of drugs
			 intrathecally to an individual in:
(a) The
			 individual's home; or
(b) An
			 ambulatory infusion center.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:460E - Essential visitor programs; visitation guidelines for long-term care facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216.510(1)
NECESSITY, FUNCTION, AND CONFORMITY: 2021 Ky. Acts chapter 3,
				sec. 1, subsection (4) requires the cabinet to develop administrative
				regulations and guidelines authorizing and regulating visitation by family
				members or legal guardians, or outside caregivers, friends, or volunteers who
				provided regular care and support to the resident prior to the pandemic, and
				who are designated as being important to the mental, physical, or social
				well-being of the resident in a long-term care facility. 2021 Ky. Acts chapter
				3, sec. 1, subsection (5) and Senate Bill 2, sec. 1 (2021 Special Session)
				require the cabinet to develop administrative regulations and guidelines
				authorizing and regulating visitation by family members or legal guardians, or
				outside caregivers, friends, or volunteers who provided regular care and
				support to the resident prior to the pandemic, and who are designated as being
				important to the mental, physical, or social well-being of a resident in
				critical situations such as end of life, or in the instance of significant
				mental or social decline of the resident, or when exigent circumstances exist
				regarding a resident in a long-term care facility. In accordance with 2021 Ky.
				Acts chapter 3, sec. 1(4)(i) and 2021 Special Session Senate Bill 2, sec.
				1(2)(g), long-term care facilities shall not be required to accept visitors
				except in limited situations as set out in Section 4 of this regulation and as
				allowed under guidance issued by the Centers for Medicare and Medicaid Services
				for federally certified nursing facilities. This new emergency administrative
				regulation establishes the process for long-term care facilities to follow if a
				facility voluntarily implements an essential personal care visitor program
				through January 31, 2022. Essential compassionate care and end of life
				visitation shall be allowed at all times regardless of a resident's vaccination
				status, the county's COVID-19 positivity rate, or an outbreak in the
				facility.
Section 1. Definitions.
(1) "Essential personal care visitor" means a
			 family member, legal guardian, outside caregiver, friend, or volunteer who:
(a) Is eighteen (18) years of age or
			 older;
(b) Provided regular care
			 and support to a long-term care facility resident prior to the COVID-19
			 pandemic;
(c) Is designated as
			 being important to the mental, physical, or social well-being of the resident;
			 and
(d) Meets an essential need of
			 the resident, including companionship, assisting with personal care, or
			 positively influencing the behavior of the resident.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:470 - Kentucky heart attack response and treatment recognition process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.340,
				211.341,
				211.342,
				211.343
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.343 requires the Department for Public
				Health to promulgate administrative regulations in accordance with KRS Chapter
				13A to implement a statewide system for heart attack response and treatment by
				recognizing licensed hospitals according to an assigned level of cardiac care,
				and to establish and implement a plan for achieving continuous quality
				improvement in the quality of care provided under a statewide system for heart
				attack response and treatment. This administrative regulation establishes the
				hospital recognition process for Kentucky's cardiac care system.
Section 1. Definition. "Department" is
			 defined by KRS
			 211.340.
Section 2. Hospital Level of Heart Attack
			 Response and Treatment Recognition.
(1) A
			 hospital seeking recognition in the statewide system for heart attack response
			 and treatment shall complete and submit to the department the Step-by-Step
			 Guide for Recognition in the Kentucky Statewide System for Heart Attack
			 Response and Treatment.
(2) The
			 application shall include a copy of the hospital's approval documentation from
			 a nationally recognized guidelines-based organization that provides
			 certification or accreditation for heart attack response and treatment, and
			 that includes the:
(a) Name of the certifying
			 or accrediting organization;
(b)
			 Type of certification or accreditation received;
(c) Date of certification or accreditation;
			 and
(d) Expiration date of
			 certification or accreditation.
(3) A hospital's application for recognition
			 in the statewide system for heart attack response and treatment by the
			 department is voluntary.
(4) Upon
			 receipt of the information required by subsection (2) of this section, the
			 department shall list the hospital according to the designated level of cardiac
			 care.
(5) A recognized hospital
			 shall annually verify continuation of certification or accreditation by a
			 nationally recognized guidelines-based organization.
(6) A hospital that has obtained a state
			 certificate of need for percutaneous coronary intervention or open-heart
			 surgery may submit an application for recognition in the statewide system for
			 heart attack response and treatment. The application shall include:
(a) A copy of the hospital's accreditation by
			 a nationally recognized organization; and
(b) Evidence of the approved certificate of
			 need.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:490E - Rural emergency hospitals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				2.015,
				42 C.F.R.
				485.500-485.546,
				42 C.F.R.
				485.618,
				45 C.F.R. Part 160, Part
				164,
				42 U.S.C.
				1320d-2-
				1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations necessary for the
				proper administration of the licensure function, which includes establishing
				licensure standards and procedures to ensure safe, adequate, and efficient
				health facilities and health services. This administrative regulation
				establishes the minimum requirements for licensure as a rural emergency
				hospital.
Section 1. Definition.
			 "Rural emergency hospital (REH)" is defined by
			 42 C.F.R.
			 485.502 as an entity that:
(1) Operates for the purpose of providing
			 emergency department services, observation care, and other outpatient medical
			 and health services specified by the secretary of the U.S. Department of Health
			 and Human Services in which the annual per patient average length of stay does
			 not exceed twenty-four (24) hours; and
(2) Shall not provide inpatient services,
			 except those furnished in a unit that is a distinct part licensed as a skilled
			 nursing facility to furnish post-REH or post-hospital extended care
			 services.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:500 - Medical reserve corps

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				39A.020,
				39A.350,
				39A.356,
				39A.358,
				342.640
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				39A.362 authorizes the Cabinet for Health and
				Family Services to promulgate an administrative regulation to implement
				KRS
				39A.350 to
				39A.366.
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary to
				operate the programs and fulfill the responsibilities vested in the cabinet.
				This administrative regulation establishes a volunteer health practitioner's
				eligibility for worker's compensation coverage during an emergency or declared
				emergency response.
Section 1.
			 Definitions.
(1) "Declared emergency" is
			 defined by KRS
			 39A.020(7).
(2) "Department" means the Department for
			 Public Health.
(3) "Emergency" is
			 defined by KRS
			 39A.020(12).
(4) "Health services" is defined by
			 KRS
			 39A.350(7).
(5) "Medical reserve corps" means the
			 formally established network of volunteers, including volunteer health
			 practitioners who are licensed to practice in Kentucky, registered with the
			 department to provide emergency response services as directed by the
			 department.
(6) "Voluntary health
			 practitioner" is defined by
			 KRS
			 39A.350(11).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 21 - Programs for the Underserved › Section 902 KAR 21:010 - Eligibility for the Kentucky Physicians Care (KPC) program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 211.400,
				211.402
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary for the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				211.402(5) requires the
				cabinet to promulgate administrative regulations to establish eligibility
				criteria and implement the provisions of
				KRS 211.400 and
				211.402 for the
				Kentucky Physicians Care Program. This administrative regulation establishes
				the eligibility requirements for the Kentucky Physicians Care (KPC)
				program.
Section 1. Definitions.
(1) "Applicant" means an individual or family
			 applying for the Kentucky Physicians Care Program.
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1) and
			 KRS
			 216B.015(6).
(3) "Cabinet approved site" means an
			 organization that has been approved by the cabinet to be a satellite site to
			 provide eligibility determination for KPC applicants: including:
(a) Free or charitable clinics;
(b) Local health departments;
(c) Federally qualified health
			 centers;
(d) Hospitals;
(e) University health systems; and
(f) Social service
			 agencies.
(4) "Health
			 professional" means a person that has a license that is not suspended or
			 revoked under disciplinary proceedings in any jurisdiction as a:
(a) Physician, which is defined by
			 KRS
			 311.720(9);
(b) Physician assistant, which is defined by
			 KRS
			 311.840(3);
(c) Advanced practice registered nurse, which
			 is defined by
			 KRS
			 314.011(7); or
(d) Dentist, which is defined by
			 KRS
			 313.010(10).
(5) "KPC" means Kentucky Physicians
			 Care.
(6) "Resource limit" means a
			 cash resource including those in a savings or checking account and the
			 following liquid assets:
(a) Stocks;
(b) Bonds;
(c) Certificates of deposit;
(d) Property value assessments for rental
			 properties; and
(e) Similar other
			 liquid assets.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 21 - Programs for the Underserved › Section 902 KAR 21:020 - Kentucky Colon Cancer Screening Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				205.520,
				214.540,
				214.542,
				214.543,
				304.17A-257,
				42
				U.S.C. 9902(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate the programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				214.542(6) requires the
				Department for Public Health to promulgate administrative regulations to
				implement the Kentucky Colon Cancer Screening Program. This administrative
				regulation establishes the eligibility criteria, services, and requirements for
				participation in the colon cancer screening program.
Section 1. Definitions.
(1) "Applicant" means an individual desiring
			 services paid in part by the screening program.
(2) "Contractor" means a person or facility
			 that agrees to the terms of participation of the screening program in contract
			 and ensures services are delivered pursuant to the screening program
			 terms.
(3) "Department" is defined
			 by
			 KRS
			 214.540(1)(a).
(4) "Program" is defined by
			 KRS
			 214.540(1)(b).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 21 - Programs for the Underserved › Section 902 KAR 21:030 - Pediatric Cancer Research and Treatment Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.445,
				194A.095,
				211.595-597
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.597(3) requires the
				Pediatric Cancer Research Trust Fund Board to promulgate administrative
				regulations necessary to carry out the provisions of
				KRS
				211.596.
				KRS
				211.597(2) requires the
				Pediatric Cancer Research Trust Fund Board to promulgate administrative
				regulations to establish a competitive, open grant program to provide funding
				to specific entities offering research funding and treatment for pediatric
				cancer for Kentucky children impacted by the disease. This administrative
				regulation establishes the Pediatric Cancer Research and Treatment Grant
				Program.
Section 1. Definitions.
(1) "Applicant" means a not-for-profit
			 entity, academic medical center, or government agency in Kentucky offering
			 research funding and treatment to Kentucky children impacted by pediatric
			 cancer and applying for a grant pursuant to this administrative
			 regulation.
(2) "Board" means the
			 Pediatric Cancer Research Trust Fund Board created by
			 KRS
			 211.596.
(3) "Funding" means a financial grant from
			 the Pediatric Cancer Research Trust Fund created by
			 KRS
			 211.595.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 21 - Programs for the Underserved › Section 902 KAR 21:040 - Community health worker certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.080-160,
				211.090,
				211.180
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to protect, develop, and maintain the
				health, personal dignity, integrity, and sufficiency of Kentucky citizens and
				to operate programs and fulfill the responsibilities vested in the cabinet. Ky
				Acts ch. 86 authorizes the Department for Public Health to promulgate
				administrative regulations for the certification of community health workers.
				This administrative regulation establishes the certification requirements for a
				community health worker.
Section 1.
			 Definitions.
(1) "Applicant" means an
			 individual applying to be certified or recertified as a community health
			 worker.
(2) "Certification" means
			 the voluntary process by which the department grants recognition and use of a
			 credential to individuals who are eligible to practice as certified community
			 health workers.
(3) "Certified
			 community health worker" or "CCHW" is defined by Ky Acts ch. 86.
(4) "Code of ethics" means the commonly
			 understood principles and practices that all health and social service
			 professionals are subject to. The Community Health Worker (CHW) code of ethics
			 is maintained by the Kentucky Office of Community Health Workers and is
			 available at
https://chfs.ky.gov/agencies/dph/dpqi/cdpb/Pages/chwp.aspx
.
(5) "Core competencies" means the knowledge
			 and skills gained through education and experience, and includes:
(a) Communication;
(b) Use of public health concepts and
			 approaches;
(c) Organizational and
			 community outreach;
(d) Advocacy
			 and community capacity building;
(e) Care coordination and system
			 navigation;
(f) Health
			 coaching;
(g) Documentation,
			 reporting, and outcome management; and
(h) Legal, ethical, and professional
			 conduct.
(6) "Department"
			 means the Kentucky Department for Public Health.
(7) "Program" means the Kentucky Office of
			 Community Health Workers (KOCHW) in the Department for Public Health.
(8) "Verifiable employment" means employment
			 that can be confirmed by the department and that demonstrates achievement of a
			 minimum standard of proficiency in the core competencies.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 22 - Kentucky Board of Family Health Care Providers › Section 902 KAR 22:040 - Charitable health care providers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216.940,
				216.941,
				304.40-075
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216.941(3) requires a
				charitable health care provider or sponsoring organization to register with the
				cabinet by filing a registration form required by the cabinet prior to
				providing charitable health care services in Kentucky. This administrative
				regulation establishes the registration forms required for a charitable health
				care provider or sponsoring organization.
Section
			 1. Definitions.
(1) "Charitable
			 health care provider" is defined by
			 KRS
			 216.940(1).
(2) "Sponsoring organization" is defined by
			 KRS
			 216.940(3).