Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 1 - Child Welfare › Section 922 KAR 1:360 - Private child care placement, levels of care, and payment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				199.011,
				199.640-199.680,
				199.801,
				600.020(25),
				42 U.S.C.
				622,
				672,
				675
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 programs and fulfill the
				responsibilities vested in the cabinet.
				KRS
				199.641(4) and
				605.090(1)(d)
				authorize the cabinet to establish by administrative regulation the rate
				setting methodology and the rate of payment for child-caring facilities and
				child-placing agencies, consistent with the level and quality of service
				provided. KRS
				605.090(1)(d) authorizes the
				cabinet to promulgate administrative regulations establishing conditions under
				which the cabinet may place a child committed to the Department of Juvenile
				Justice or the cabinet, in a child-caring facility or a child-placing agency
				operated by a local governmental unit or private organization willing to
				receive the child, upon the conditions established by the cabinet.
				KRS
				605.150(1) authorizes the
				cabinet to promulgate administrative regulations to implement the provisions of
				KRS Chapter 605. This administrative regulation establishes:
(a) levels of care based upon the needs of a
			 child for whom the cabinet has legal responsibility;
(b) a payment rate for each level and
			 placement setting;
(c) gatekeeper
			 responsibilities;
(d) provider
			 requirements;
(e) procedures for
			 classification at the appropriate level of care and placement setting;
			 and
(f) procedures for determination
			 of components of the model program cost analysis.
Section 1. Definitions.
(1) "Cabinet" is defined by
			 KRS
			 199.011(3).
(2) "Child-caring facility" or "facility" is
			 defined by KRS
			 199.011(5).
(3) "Child-placing agency" or "agency" is
			 defined by KRS
			 199.011(6).
(4) "Department" is defined by
			 KRS
			 199.011(7) and
			 199.641(1)(b).
(5) "Emergency shelter" is defined by
			 KRS
			 600.020(25).
(6) "Gatekeeper" means the department or
			 agent responsible for:
(a) Making a clinical
			 determination of the level of care necessary to meet a child's treatment and
			 service needs; and
(b) Other
			 administrative duties in the areas of:
1.
			 Assessment;
2. Placement;
3. Performance measurement; and
4. Consultation regarding children and their
			 needs.
(7)
			 "Index factor" means a specific number derived from time-study data, used to
			 determine payment for each level of care.
(8) "Initial level of care" means a level of
			 care:
(a) Assigned by the gatekeeper to a
			 child at the point of entry into the level of care system; and
(b) That is time-limited and effective for
			 the first six (6) months of a child's placement.
(9) "Level of care" means the standard
			 representing the treatment and service needs of a child placed by the cabinet
			 in out-of-home care.
(10) "Level of
			 care packet" means an assessment conducted by designated cabinet staff and a
			 collection of forms required for submission to the gatekeeper for the purpose
			 of determining the appropriate level of care and placement setting in
			 accordance with Section 2(2) of this administrative regulation.
(11) "Medically complex" means a child who is
			 determined to have a medical condition as defined by
			 922 KAR 1:495 and further
			 described in
			 922 KAR 1:350, Section
			 4.
(12) "Model program cost
			 analysis" is defined by
			 KRS
			 199.641(1)(c).
(13) "Placement coordinator" means an
			 individual whose responsibilities are established in
			 KRS
			 199.801.
(14) "Reassigned level of care" means a level
			 of care that is:
(a) Determined by the
			 gatekeeper after a child's level of care expires; and
(b) Authorized for a specific period of
			 time.
(15) "Time study"
			 is defined by KRS
			 199.641(1)(d).
(16) "Utilization review" means a
			 gatekeeper's examination, during a child's placement in a child-caring facility
			 or child-placing agency, of the child's case record and existing documentation
			 for the purpose of:
(a) Identifying the
			 child's current level of functioning, treatment, service, and supervision
			 needs; and
(b) Assigning the
			 appropriate level of care.