Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 3 - Institutional Care › Section 908 KAR 3:060 - ''Means test'' for determining patient liability and per diem rates

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 210.710, 210.720, 210.730
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050 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 210.720(2) requires the secretary
				of the Cabinet for Health and Family Services to establish the patient cost per
				day for board, maintenance, and treatment for state owned facilities at
				frequent intervals which shall be the uniform charge for persons receiving
				those services. KRS 210.750 authorizes the secretary to promulgate
				administrative regulations to carry out the provisions of KRS 210.710 to
				210.760. KRS 210.710(4) and 210.720(3) require the secretary to adopt a "Means
				test" for determining the ability to pay of the patient or person responsible
				for the patient for board, maintenance, and treatment at a facility owned by
				the state. This administrative regulation establishes the "Means test" for
				making that determination and establishes the patient cost per day for board,
				maintenance, and treatment at state owned facilities.
Section 1. Definitions.
(1) "Allowed deduction" means an amount
			 disregarded or deducted from income and assets for the purpose of determining
			 the ability to pay for services rendered by a facility.
(2) "Available assets" means resources of the
			 patient or person responsible for the patient in accordance with KRS 210.720(3), less the allowed deductions.
(3) "Deductible" means an amount that a
			 patient or person responsible for the patient is expected to pay toward the
			 patient's care by a third-party payor such as Medicare or a private insurance
			 company.
(4) "Facility" is defined
			 in KRS 210.710(2).
(5) "Income"
			 means funds received by the patient or person responsible for the patient and
			 includes the following:
(a)
			 Salaries;
(b) Wages;
(c) Self-employed gross revenues, less
			 operating expenses;
(d) Benefit
			 payments, except for Supplemental Security Income payments;
(e) Social Security payments;
(f) Rents;
(g) Royalties;
(h) Pensions;
(i) Retirement payments;
(j) Veteran's Administration
			 payments;
(k) Black lung
			 benefits;
(l) Railroad retirement
			 benefits;
(m) Gifts;
(n) Settlements;
(o) Trust receipts;
(p) Alimony, but does not include child
			 support payments;
(q) Interest
			 income; and
(r) Income from
			 investments.
(6)
			 "Patient" means a person admitted to a facility.
(7) "Person responsible for the patient" is
			 defined in KRS 210.710(5).
(8)
			 "Personal Needs Allowance" means an amount of resources deducted from income
			 for the patient's personal needs, including clothing and other miscellaneous
			 items required by the patient.
(9)
			 "Poverty Guidelines" means the federal poverty guidelines updated periodically
			 in the Federal Register by the United States Department of Health and Human
			 Services, under the authority of  42 U.S.C. 9902(2).