Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 1 - Substance Abuse › Section 908 KAR 1:370 - Licensing procedures, fees, and general requirements for nonhospital-based alcohol and other drug treatment entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.050,
				13B.125,
				17.500,
				209.030,
				214.181,
				214.625,
				216B.020(2),
				222.003,
				222.005,
				222.231,
				222.271,
				222.441,
				222.462,
				222.990,
				309.080,
				309.0831,
				309.130,
				311.571,
				311.840(3),
				314.011,
				319.050,
				319.056,
				319.064,
				335.080,
				335.100,
				335.300,
				335.500,
				422.317,
				439.3401,
				620.030,
				42 C.F.R. Part 2, 45 C.F.R. Parts 160, 164,
				42
				U.S.C. 1320d-2-1320
				d-8,
				42
				U.S.C. 290ee-3
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				222.231(2) requires the
				cabinet to promulgate administrative regulations to establish requirements and
				standards for treatment programs, including licensing fees, application,
				procedures for renewal and revocation, procedures for program evaluation, and
				minimum operating, training, and maintenance of patient records standards. This
				administrative regulation establishes licensing procedures, fees,
				responsibilities of the governing authority, quality assurance and utilization
				review, policies and procedures, staff qualifications and training, client
				rights, client records, assessment, treatment planning, and adverse action
				procedures for outpatient and residential alcohol and other drug treatment
				entities.
Section 1. Definitions.
(1) "Agency" is defined by
			 KRS
			 222.005(2).
(2) "Adverse action" means action taken by
			 the cabinet to deny, suspend, or revoke an alcohol and other drug treatment
			 entity's license to operate.
(3)
			 "Alcohol and other drug treatment entity" or "AODE" means a nonhospital-based
			 agency owned by an individual or entity that provides one (1) or more of the
			 following services or operates one (1) or more of the following programs:
(a) Outpatient treatment services;
(b) Intensive outpatient services;
(c) Partial hospitalization;
(d) Withdrawal management services, including
			 medication-assisted treatment;
(e)
			 A non-physician owned facility that employs or has an affiliation with a
			 physician or advanced practice registered nurse who provides office-based
			 opiate treatment services to fifty (50) percent or more of the facility's
			 patients;
(f) A narcotic treatment
			 program (NTP) utilizing methadone, buprenorphine, or other FDA approved drug
			 formulations;
(g) A residential
			 treatment program;
(h) A family
			 residential program;
(i) A
			 residential transitional living program; or
(j) An adolescent residential
			 program.
(4) "Cabinet" is
			 defined by
			 KRS
			 222.005(4).
(5) "Case management" means a collaborative
			 process of assessment, planning, facilitation, care coordination, evaluation,
			 and advocacy for options and services to meet a client's and his or her
			 family's needs through communication and available resources to promote
			 quality, cost-effective outcomes.
(6) "Co-occurring disorder" means concurrent
			 substance use disorder and mental health disorder and shall not carry
			 implication as to:
(a) Which disorder is
			 primary and which secondary;
(b)
			 Which disorder occurred first; or
(c) Whether one disorder caused the
			 other.
(7) "Outpatient
			 service" means an organized nonresidential service in which addiction and
			 mental health treatment personnel provide professionally directed evaluation
			 and treatment for substance-related, addictive, and mental disorders.
(8) "Residential" means a setting that
			 provides twenty-four (24) hour structure and support in which addiction and
			 mental health treatment personnel provide organized and intensive individual
			 and group therapeutic activities to strengthen a client's recovery
			 skills.
(9) "Significant financial
			 interest" means lawful ownership of an AODE, whether by share, contribution, or
			 otherwise in an amount equal to or greater than twenty-five (25) percent of
			 total ownership of the AODE.