Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:410 - Specialty intermediate care clinics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				198B.260, 209, 216B.010-216B.131, 216B.990,
				218A, 311, 314, 507.020, 507.030, 507.040, 508.010-508.032, 509-511, 513,
				514.030, 530, 531, 45 C.F.R. 160, 164
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 provides
				minimum licensure requirements for the operation of specialty intermediate care
				clinics.
Section 1. Definitions.
(1) "Clinic" or "specialty intermediate care
			 (IC) clinic" means a clinic located on the grounds of a state-owned facility
			 licensed pursuant to
			 902
			 KAR 20:086 as an intermediate-care facility for the
			 intellectually and developmentally disabled.
(2) "Developmental disability" is defined by
			 42
			 U.S.C. 15002(8)(A) as a
			 severe, chronic disability of an individual that:
(a) Is attributable to a mental or physical
			 impairment or combination of mental and physical impairments;
(b) Is manifested before the individual
			 attains age twenty-two (22);
(c) Is
			 likely to continue indefinitely;
(d) Results in substantial functional
			 limitations in three (3) or more areas of major life activity, including:
1. Self-care;
2. Receptive and expressive
			 language;
3. Learning;
4. Mobility;
5. Self direction;
6. Capacity for independent living;
			 or
7. Economic self-sufficiency;
			 and
(e) Reflects the
			 individual's need for a combination and sequence of special, interdisciplinary,
			 or generic services, individualized supports, or other forms of assistance that
			 are of lifelong or extended duration and are individually planned and
			 coordinated.
(3)
			 "Intellectual disability" means an individual has:
(a) Significantly sub-average intellectual
			 functioning;
(b) An intelligence
			 quotient of seventy (70) or below;
(c) Concurrent deficits or impairments in
			 present adaptive functioning in at least two (2) of the following areas:
1. Communication;
2. Self-care;
3. Home living;
4. Social or interpersonal skills;
5. Use of community resources;
6. Self-direction;
7. Functional academic skills;
8. Work;
9. Leisure; or
10. Health and safety; and
(d) Had an onset prior to eighteen
			 (18) years of age.
(4)
			 "Patient" means an individual who receives services provided by a specialty IC
			 clinic and who:
(a) Is not a resident of, but
			 qualifies for admission to an intermediate-care facility for the intellectually
			 and developmentally disabled by meeting the patient status criteria established
			 in
			 907
			 KAR 1:022, Section 4; or
(b) Is a resident of an intermediate-care
			 facility for the intellectually and developmentally disabled which contracts
			 with, or makes arrangements with the specialty IC clinic for outpatient
			 services.