Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:100 - Nurse aide abuse registry, home health aide abuse registry, and hearing procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B.005-13B.070, 194A.030(1)(c), 216.532,
				216.935, 216.937, 314.025,  42 C.F.R. 488.301
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216.936 requires the
				Cabinet for Health and Family Services to establish an abuse registry to
				include findings of resident and patient abuse, neglect, and misappropriation
				of a resident's or patient's property by a nurse aide or home health aide. KRS 216.939 requires the cabinet to promulgate administrative regulations that
				establish the abuse registry and appeals process.  42 C.F.R. 483.156(a)  requires
				the Cabinet for Health and Family Services, as part of its agreement with the
				Centers for Medicare and Medicaid Services, to establish and maintain a nurse
				aide registry. This administrative regulation establishes the procedures for
				placing a nurse aide or home health aide on the abuse registry and an
				administrative appeals process to provide due process to an aide against whom a
				charge is brought.
Section 1.
			 Definitions.
(1) "Abuse" means the willful
			 infliction of injury, unreasonable confinement, intimidation, or punishment
			 with resulting physical harm, pain, or mental anguish and includes physical
			 abuse, verbal abuse, sexual abuse, and mental abuse.
(2) "Abuse registry" means a computerized
			 listing of nurse aides certified under  907 KAR 1:450 and home health aides who
			 have had a final order issued by the Secretary of the Cabinet for Health and
			 Family Services substantiating resident or patient neglect, abuse, or
			 misappropriation of a resident's or patient's property, or who have failed to
			 request or perfect an appeal following a preliminary determination of resident
			 or patient neglect, abuse, or misappropriation of a resident's or patient's
			 property.
(3) "Cabinet" means the
			 Cabinet for Health and Family Services.
(4) "Certified" means a nurse aide has
			 satisfactorily completed all course work and clinical skills training and
			 passed all examinations required for certification under  907 KAR 1:450.
(5) "Home health agency" is
			 defined by KRS 216. 935.
(6) "Home
			 health aide" is defined by KRS 216.935.
(7) "Misappropriation of a resident's or
			 patient's property" means the deliberate misplacement, exploitation, or
			 wrongful, temporary or permanent use, of a resident's or patient's belongings
			 or money without the resident's or patient's consent.
(8) "Neglect" means failure to provide goods
			 or services that are necessary to avoid physical harm, mental anguish, or
			 mental illness, but does not include a failure caused by factors beyond the
			 control of the individual.
(9)
			 "Nurse aide" is defined by KRS 216.935.
(10) "Nursing facility" means a facility that
			 is licensed under  902 KAR 20:300 or  902 KAR 20:026.
(11) "Secretary" means the Secretary of the
			 Cabinet for Health and Family Services.
(12) "Willful" means the voluntary, conscious
			 decision to do the act which the law forbids, but does not require specific
			 intent to cause harm, pain, or mental anguish.