reglab/statecodes huggingface dataset:
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 1:372 - Licensure of residential alcohol and other drug treatment entities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				222.231,
				309.080(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				222.231(2) requires the
				cabinet to promulgate administrative regulations to establish requirements and
				standards for treatment programs, including health and safety standards,
				patient care standards, and classification of alcohol and other drug programs
				according to type, range of services, and level of care provided. This
				administrative regulation establishes standards for residential alcohol and
				other drug treatment entities (AODE) that provide services to adult men, adult
				women, women with dependent children, or adolescents. Residential AODE programs
				include twenty-four (24) hour clinically managed residential withdrawal
				management, general residential treatment, family residential, residential
				transitional living, and adolescent residential treatment programs.
Section 1. General Requirements. Each type of
			 residential AODE program as described in Section 2 through Section 6 of this
			 administrative regulation shall implement written policies for separate housing
			 of adult and adolescent clients, and male and female clients in accordance with
			 the following:
(1) Adult and adolescent
			 clients shall be physically separated by floor, wing, or other physical
			 barriers; and
(2) Male and female
			 sleeping quarters shall be physically separated by floor, wing, or other
			 adequate physical barriers, ensuring the clients' rights to privacy and dignity
			 in treatment.
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 1:390 - Voluntary Employer Substance Use Program (VESUP)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 222.215
NECESSITY, FUNCTION, AND CONFORMITY: KRS 222.215 requires the
				cabinet to promulgate administrative regulations to implement
				employer-facilitated access to substance use disorder treatment for employees
				who screen positive during an employment-related drug screening. This
				administrative regulation establishes a voluntary program in which employers
				may facilitate employee access to substance use disorder treatment, rather than
				terminate or refuse hire, and sets criteria for that program.
Section 1. Definitions.
(1) "Cabinet" means the Cabinet for Health
			 and Family Services.
(2) "Employer"
			 means any employer that agrees to participate in the Voluntary Employer
			 Substance Use Program.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:010 - Local board authority

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				210.440,
				210.450
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
				the Department for Behavioral Health, Developmental and Intellectual
				Disabilities within the cabinet.
				KRS
				210.440 and
				210.450
				authorize the Cabinet for Health and Family Services to establish regional
				behavioral health, developmental and intellectual disabilities boards to act as
				the authority for planning and administration of grants for all local programs
				relating to behavioral health, developmental and intellectual disabilities.
				This administrative regulation is to provide for recognition of regional
				behavioral health, developmental and intellectual disabilities boards as the
				local authority for implementing delegated responsibilities and to insure
				compliance with applicable policies issued by the cabinet.
Section 1. Grants. All grants for local
			 programs in behavioral health, developmental and intellectual disabilities
			 implemented under the auspices of the cabinet shall be directed to agencies
			 recognized as regional behavioral health, developmental and intellectual
			 disabilities boards by the Cabinet for Health and Family Services, Department
			 for Behavioral Health, Developmental and Intellectual Disabilities. For
			 purposes of implementing the delegated regional responsibilities of the
			 Department for Behavioral Health, Developmental and Intellectual Disabilities,
			 the regional behavioral health, developmental and intellectual disabilities
			 boards shall become the local authority. Recognition as local authority shall
			 be renewed annually provided the board is in compliance with applicable federal
			 and state laws, and administrative regulations relating to behavioral health,
			 developmental and intellectual disabilities boards.
Section 2. Policies. All regional behavioral
			 health, developmental and intellectual disabilities boards shall comply with
			 the policies issued by the cabinet to insure compliance with applicable federal
			 and state laws and regulations. Policies shall include planning, budgeting,
			 reporting, operating procedures and other administrative functions.
STATUTORY AUTHORITY:
				  KRS
				  210.450, EO
				  2004-726
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:020 - Personnel rules of local board

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				210.120,
				210.370,
				210.450
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
				the Department for Behavioral Health, Developmental and Intellectual
				Disabilities within the cabinet.
				KRS
				210.450 authorizes the Cabinet for Health and
				Family Services to set the standards and administrative regulations for the
				community behavioral health, developmental and intellectual disabilities center
				personnel files.
Section 1. Personnel
			 Files. A personnel file shall be established and maintained by the center for
			 each employee of the district board. The minimum contents of a personnel file
			 shall be:
(1) Application for employment
			 completed by the employee. A center may design its own form or may use the
			 state personnel application form supplied upon request.
(2) Professional credentials reflecting
			 training and experience adequate for position qualification. If an employee is
			 in a position which requires a license, registration or certificate, a current
			 copy shall be included.
(3) Advice
			 of appointment or the suitable document or memorandum from the appropriate
			 center official appointing the applicant to the position. The document shall
			 contain conditions or terms of employment with signatures of the employer and
			 employee.
(4) All forms used for
			 participation in Kentucky's Employees' Retirement System or other retirement
			 system.
(5) Personnel action report
			 form to reflect any change in the status of the employee (salary change,
			 transfer, promotion, leave, leave without pay, reclassification, change in
			 position title, etc.).
(6)
			 Personnel action form reflecting termination of employment, e.g., resignation,
			 dismissal, etc., shall appear in each terminated personnel file.
(7) The employee position description shall
			 include:
(a) The title of the
			 position;
(b) The duties of the
			 position;
(c) Requirements of
			 training and experience necessary to qualify for the position; and
(d) A brief description of additional skills
			 or special knowledge desirable which the applicant should possess.
(8) These documents shall be
			 subject to state and federal examination.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:030 - Board structure and operation; eligibility for state grants

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 210.400,
				210.410,
				210.450
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
				the Department for Behavioral Health, Developmental and Intellectual
				Disabilities within the cabinet.
				KRS
				210.450 authorizes the secretary of the
				cabinet to promulgate administrative regulations governing eligibility of
				community behavioral health, developmental and intellectual disability boards
				to receive state funds. This administrative regulation establishes the minimum
				eligibility requirements for receipt of state funds for community behavioral
				health, developmental and intellectual disability programs.
Section 1. Definitions.
(1) "Board of directors" or "board" means the
			 group of persons vested with the management of the affairs of the corporation
			 regardless of the name by which the group is designated except as provided in
			 Section 8 of this administrative regulation.
(2) "Director" means a member of the "board
			 of directors."
(3) "Articles of
			 incorporation" means the original or restated articles of incorporation or
			 articles of consolidation and all amendments, including articles of
			 merger.
(4) "Bylaws" means the
			 codes or rules adopted for the administrative regulation or management of the
			 affairs of the corporation regardless of the names by which the rules are
			 designated.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:040 - Hospital district assignments

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 202A, 210.300, Chapter 504
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				210.300 requires the secretary for the
				cabinet to promulgate administrative regulations designating hospital districts
				for the purpose of determining to which of the state institutions for the
				mentally ill the persons admitted from each county shall initially be sent.
				KRS
				202A.201(2) authorizes the
				transfer of a mentally ill inmate of any penal or correctional institution to
				the state hospital service designated by the secretary for that purpose. This
				administrative regulation establishes hospital district assignments.
Section 1.
(1)
(a) The
			 state mental hospital districts shall be the districts established in
			 subsections (2) through (5) of this section.
(b) Except as provided by Sections 2 through
			 5 of this administrative regulation, an involuntarily or voluntarily
			 hospitalized person shall be admitted to the state hospital serving the
			 district in which the person resides. In times of high patient count, a state
			 hospital director may send a patient to another state hospital or to another
			 hospital in the district.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:050 - Formula for allocation of funds

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				210.420,
				210.440
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
				the Department for Behavioral Health, Developmental and Intellectual
				Disabilities within the cabinet.
				KRS
				210.440 requires the secretary of the cabinet
				to allocate funds to the behavioral health, developmental and intellectual
				disabilities boards at the beginning of each fiscal year.
				KRS
				210.420 requires the Secretary to prescribe,
				by administrative regulation, a formula for the allocation of these funds,
				including provisions for per capita allocations, incentive allocations which
				require local matching funds based on per capita wealth of the area served, and
				discretionary allocations to be available to the secretary to maintain
				essential services pursuant to
				KRS
				210.410. This administrative regulation
				prescribes the formula for allocation of these funds.
Section 1. Definitions.
(1) "Cabinet" means Cabinet.
(2) "Local tax match" means revenue raised
			 locally by a behavioral health, developmental and intellectual disabilities
			 board from:
(a) A behavioral health,
			 developmental and intellectual disabilities tax (KRS
			 210.460,
			 210.470,
			 210.480);
			 and
(b) A county fiscal court
			 appropriation or an appropriation by a city legislative body, including in-kind
			 contributions at fair market value.
(3) "Other local match" means revenue raised
			 locally by a behavioral health, developmental and intellectual disabilities
			 board, but shall be limited to:
(a) In-kind
			 contributions other than those from a county fiscal court or city legislative
			 body;
(b) Cash donations and
			 contributions;
(c) Sales of
			 workshop products;
(d) Interest
			 income;
(e) Rental income;
			 and
(f) Funds provided by
			 affiliates derived from the sources specified in this subsection, limited to
			 the extent that the funds shall be used to finance programs endorsed by the
			 board in its annual plan and budget.
(4) "Per capita wealth" means the current
			 total assessed value of property, as adjusted and recorded by the Kentucky
			 Department of Revenue, divided by the population of a given area.
(5) "Region" means that geographic locality
			 determined by incorporation for the purpose of delivery of comprehensive
			 behavioral health, developmental and intellectual disabilities services under
			 KRS
			 210.370 as controlled by a board of
			 directors.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:060 - Behavioral health, developmental and intellectual disabilities manuals for funding instructions, program policies and standards, and reimbursement guidelines

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 210.370-210.460
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, reorganized the Cabinet for Health and Family Services and placed
				the Department for Behavioral Health, Developmental and Intellectual
				Disabilities within the cabinet. The cabinet is directed by
				KRS
				210.370 to
				210.460
				to allocate available funds to behavioral health, developmental and
				intellectual disabilities boards in accordance with approved plans and budgets.
				KRS
				210.440 and
				210.450
				authorize the secretary to promulgate policies and administrative regulations
				as to the operations, budgets and expenditures of community programs and to
				require reporting management and financial programs as necessary to carry out
				the purposes of
				KRS
				210.370 to
				210.460.
Section 1. Request for Funding Instructions
			 Manual. The Cabinet for Health and Family Services incorporates the Request for
			 Funding Instructions Manual, September 1, 1995, by reference. Community
			 behavioral health, developmental and intellectual disabilities boards shall
			 follow these instructions when preparing and submitting the annual plan and
			 budgets to the cabinet. The manual includes the following: rate and allocation
			 schedules, program plan, fiscal plan, waiver request, and addenda.
Section 2. Program Policies and Standards.
			 Manual. The Cabinet for Health and Family Services incorporates the September
			 1, 1995 edition of the Program Policies and Standards Manual by reference. The
			 manual relates to general operating standards and particular service standards
			 for services funded by the department. The standards contained shall be
			 followed by those community behavioral health, developmental and intellectual
			 disabilities boards contracting with the cabinet.
Section 3. Cabinet for Health and Family
			 Services Community Behavioral Health, Developmental and Intellectual
			 Disabilities Reimbursement Manual, January 1, 1997. The Cabinet for Health and
			 Family Services incorporates this manual by reference. This manual relates to
			 the following: scope of services, requirements and limitations of
			 participation, method and principles of reimbursement. The manual shall be
			 adhered to by those community behavioral health, developmental and intellectual
			 disabilities boards contracting with the cabinet.
Section 4. Copies of the manuals are on file
			 for inspection in the Department of Behavioral Health, Developmental and
			 Intellectual Disabilities, Fourth Floor, 275 East Main Street, Frankfort,
			 Kentucky 40621.
STATUTORY AUTHORITY: KRS 210.440-210.450, EO
				  2004-726
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:090 - Decriminalization of mental illness

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 202A, 202B, 645
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental and Intellectual Disabilities
				within the cabinet. This administrative regulation sets forth the cabinet's
				services and procedures for: providing crisis stabilization units; transporting
				and holding individuals; using restraints; providing privacy to individuals who
				are held for evaluation; identifying rights for individuals held to communicate
				by phone; and planning and coordinating the required services.
Section 1. Definitions.
(1) "Community behavioral health,
			 developmental and intellectual disabilities center" or "center" means a
			 facility licensed by the cabinet pursuant to KRS Chapter 216B that provides
			 inpatient, outpatient, psychosocial rehabilitation, emergency, consultation,
			 and education services to persons needing behavioral health, developmental and
			 intellectual disabilities, and substance abuse services as provided within
			 KRS
			 210.410 and
			 908 KAR
			 2:010.
(2)
			 "Evaluation" means a mental health evaluation performed by a qualified mental
			 health professional, as defined in
			 KRS
			 202A.011 and
			 600.020,
			 conducted to determine if an individual meets the criteria for involuntary
			 hospitalization as defined in
			 KRS
			 202A.026 or
			 645.090.
(3) "Facility" means any hospital or
			 psychiatric facility as defined in
			 KRS
			 202A.011 or a mental health facility as
			 defined in
			 KRS
			 645.020 used for the purpose of conducting an
			 evaluation pursuant to KRS Chapters 202A or 202B or 645.120.
(4) "Hold", "held" or "holding" means the
			 detainment of an individual by a peace officer or a provider of transportation
			 services authorized by the peace officer.
(5) "Individual" means a person who is being
			 held and evaluated under KRS Chapters 202A, 202B or 645.
(6) "Peace officer" means a law enforcement
			 officer as defined in
			 KRS
			 446.010(24).
(7) "Providers of transportation services" or
			 "providers" means peace officers and ambulance services designated by the
			 cabinet, service providers, or agencies on contract with the cabinet. The
			 providers of emergency or nonemergency transportation services include those
			 service providers or agencies that are approved by the Department for Medicaid
			 Services or the centers.
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:250 - Community support associate; eligibility criteria and training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				202A.011(12),
				210.010,
				210.040,
				210.370
				- 210.485, 309.080 - 309.089, 309.130 - 309.1399, 311.571, 314.042, 319.050,
				319.056, 319.064, 335.100, 335.080, 335.500 - 335.599
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				210.450 authorizes the secretary of the
				Cabinet for Health and Family Services to promulgate administrative regulations
				which prescribe standards for qualifications of personnel in community programs
				for mental health. This administrative regulation establishes the eligibility
				criteria and training requirements for community support associates employed by
				an entity which provides comprehensive community support services.
Section 1. Definitions.
(1) "Client" means an adult or child who
			 receives comprehensive community support services and has a primary mental
			 health disorder diagnosis or a co-occurring disorder.
(2) "Co-occurring disorder" means the primary
			 diagnosis of a mental health disorder and one (1) or more of the following:
(a) Substance use disorder;
(b) Intellectual disability; or
(c) Physical health disorder or
			 condition.
(3)
			 "Comprehensive community support services" means activities necessary to allow
			 clients to live with maximum independence in the community and consists of one
			 (1) or more of the following:
(a) Skills
			 training, cueing, or supervision as identified in the client's individualized
			 treatment plan;
(b) Medication
			 adherence and recognizing symptoms and side effects;
(c) Non-clinical but therapeutic behavioral
			 intervention, support, and skills training;
(d) Assistance in accessing and utilizing
			 community resources;
(e) Emotional
			 regulation skills;
(f) Crisis
			 coping skills; and
(g) Developing
			 and enhancing interpersonal skills.
(4) "Department" means the Department for
			 Behavioral Health, Developmental and Intellectual Disabilities.
(5) "Professional equivalent" means a person
			 who meets the professional equivalent requirements established in the Community
			 Mental Health Services Manual that is incorporated by reference in
			 907
			 KAR 1:044.
(6) "Qualified mental health professional" is
			 defined by
			 KRS
			 202A.011(12).
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:260 - Targeted case manager: eligibility and training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.503(3),
				210.005(2),
				(3)
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 protect the health of Kentucky citizens
				and to implement programs mandated by federal law or to qualify for the receipt
				of federal funds.
				KRS
				210.450 requires the secretary to promulgate
				administrative regulations governing qualifications of personnel and standards
				for personnel management for community programs for behavioral health or
				individuals with an intellectual disability.
				KRS
				222.211 authorizes the cabinet to promulgate
				administrative regulations to assure that there is the provision of prevention,
				intervention, and treatment services for both juveniles and adults to address
				the problems of addiction to alcohol and other drug abuse within individuals,
				families, and communities. This administrative regulation establishes the
				minimum eligibility and training requirements for individuals providing
				behavioral health targeted case management services to a targeted behavioral
				health population.
Section 1.
			 Definitions.
(1) "Behavioral health
			 practitioner under supervision" means an individual who is:
(a)
1. A
			 licensed professional counselor associate;
2. A licensed assistant behavior
			 analyst;
3. A certified social
			 worker;
4. A marriage and family
			 therapy associate;
5. A licensed
			 professional art therapist associate;
6. A physician assistant; or
7. A certified alcohol and drug counselor;
			 and
Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 2 - Mental Health › Section 908 KAR 2:270 - Community behavioral health training

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 210.053
NECESSITY, FUNCTION, AND CONFORMITY: KRS 210.053 requires the
				cabinet to promulgate administrative regulations to establish and administer
				the community behavioral health training program. This administrative
				regulation establishes the community behavioral health training program and the
				awarding of training grants.
Section 1.
			 Definitions.
(1) "Cabinet" means the Cabinet
			 for Health and Family Services.
(2) "Community behavioral health training"
			 means training to identify and assist individuals who may have or may be
			 developing or experiencing a:
(a) Mental
			 health disorder;
(b) Substance use
			 disorder; or
(c) Mental health or
			 substance use crisis.
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 3:020 - Care and treatment of inmates of penal institutions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				202A.201
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental and Intellectual Disabilities
				within the cabinet. KRS Chapters 202A and 202B, relating to the hospitalization
				of an individual with mental illness, developmental and intellectual
				disabilities, direct that the Secretary for the Cabinet for Health and Family
				Services shall adopt rules and administrative regulations to effectuate the
				purposes of that chapter, including, but not limited to, the transfer of mental
				patients and alternate methods for involuntary hospitalization. The function of
				this administrative regulation is to prescribe the procedure to be employed in
				the hospitalization, care and treatment of an inmate of a penal institution who
				has been transferred to a hospital, forensic psychiatric facility or
				residential treatment center.
Section
			 1. Care and Treatment of Inmates. In the event that an inmate of
			 any penal or correctional institution is transferred to a hospital, forensic
			 psychiatric facility or residential treatment center pursuant to
			 KRS
			 202A.201, the following rules shall apply:
(1) If the inmate voluntarily agrees to
			 receive treatment in accordance with the individual treatment plan, the
			 treatment may be provided until it is determined that treatment is no longer
			 necessary or until the patient refuses continued treatment;
(2) If the inmate refuses to receive
			 treatment, proceedings for involuntary hospitalization may be instituted in
			 accordance with the provisions of KRS Chapters 202A and 202B and
			 501 KAR
			 6:020 addressing involuntary transfer proceedings
			 pursuant to Vitek v. Jones, 445 U.S. 480, 100 S.Ct. 1254, 63 L.Ed.2d 552
			 (1980).
(3) Patients in a forensic
			 psychiatric facility shall have the same rights as set forth in
			 908 KAR 3:010;
			 provided, however, that locking patients in their cells for sleeping or census
			 count purposes and restraints used for transportation or prevention of escape
			 shall not be considered as seclusion or restraint as defined in the patient's
			 bill of rights.
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 3:025 - Notification of discharge, transfer or escape of violent offenders

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				202A.026,
				202A.051,
				202A.101,
				202A.201,
				202A.241,
				202A.410,
				439.3401
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental and Intellectual Disabilities
				within the cabinet.
				KRS
				194A.050 authorizes the Cabinet for Health
				and Family Services to establish policies, procedures and administrative
				regulations necessary to carry out health programs.
				KRS
				202A.410 requires the cabinet to notify law
				enforcement and correctional authorities of the discharge, transfer or escape
				of a violent offender from a psychiatric facility. This administrative
				regulation establishes the procedures for notifying law enforcement authorities
				that a violent offender has been discharged, transferred or has escaped from a
				state psychiatric facility.
Section 1.
			 Definitions.
(1) "Facility administrator"
			 means the director of the facility or de-signee.
(2) "State psychiatric facility" or
			 "facility" means a hospital operated or contracted by the Department for
			 Behavioral Health, Developmental and Intellectual Disabilities
			 Services.
(3) "Violent offender" is
			 defined in
			 KRS
			 439.3401.
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 3:030 - Convalescent patient status

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				202A.181
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental and Intellectual Disabilities
				within the cabinet. KRS Chapters 202A and 202B, relating to the hospitalization
				of an individual with mental illness, developmental, or intellectual
				disabilities, direct that the Secretary of the Cabinet for Health and Family
				Services shall adopt rules and administrative regulations relating to the
				release of patients to less restrictive alternative modes of treatment on
				convalescent status. The function of this administrative regulation is to
				establish standards to be employed in determining whether a person should be
				released on convalescent status.
Section
			 1. Definition. For purposes of this administrative regulation, the
			 term "less confining environment" shall include, but not be limited to, a
			 personal residence, a skilled nursing facility, an intermediate care or
			 personal care facility, or any other facility providing a supervised
			 residential living situation.
Section
			 2. Release on Convalescent Status. An authorized staff physician
			 may release from a hospital an involuntarily committed mentally ill person on
			 convalescent status, or an authorized staff person may release from a
			 residential treatment center an involuntarily committed individual with
			 developmental or intellectual disabilities on convalescent status, if the staff
			 member concludes that the person would not present danger or threat of danger
			 to self or others if provided continued medical supervision in a less confining
			 environment. While on convalescent status the patient shall remain the
			 responsibility of the hospital or residential treatment center from which the
			 patient was released.
Section 3.
			 Rights of Patients on Convalescent Status. Patients on convalescent status
			 shall enjoy all the rights and privileges afforded to an involuntarily
			 committed patient except that patients on convalescent status who have been
			 directly committed to convalescent status under this section may be
			 involuntarily admitted to a hospital or residential treatment center only upon
			 a further court hearing and order.
Section
			 4. Termination of Convalescent Status. The convalescent status of
			 a patient shall terminate upon the cessation of care and treatment or when the
			 court order governing the patient's hospital admission or placement in
			 convalescent status expires or is terminated.
STATUTORY AUTHORITY:
				  KRS 194.050,
				  202A.191,
				  202B.060,
				  EO 2004-726
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 3:040 - Transfer of patients to other facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapters 202A, 202B
NECESSITY, FUNCTION, AND CONFORMITY: EO 2004-726, effective
				July 9, 2004, created the Cabinet for Health and Family Services and placed the
				Department for Behavioral Health, Developmental and Intellectual Disabilities
				within the cabinet. KRS Chapters 202A and 202B, relating to the hospitalization
				of an individual with mental illness, developmental, or intellectual
				disabilities, direct that the Secretary of the Cabinet for Health and Family
				Services shall adopt rules and administrative regulations relating to the
				transfer of mental patients. The function of this administrative regulation is
				to prescribe the standards to be used in determining whether a patient should
				be transferred to another hospital, forensic psychiatric facility or
				residential treatment center.
Section
			 1. Transfer of Patients. A patient may be transferred between
			 hospitals, between hospitals and forensic psychiatric facilities, between
			 hospitals and residential treatment centers or between residential treatment
			 centers upon the mutual agreement of the administrative officer, designated
			 representative or an authorized staff physician of each facility, provided such
			 agreement is based upon one (1) of the following findings by the officers,
			 representatives or physicians:
(1) That the
			 transfer will improve the opportunities of the patient to receive care and
			 treatment most likely to be of benefit to him; or
(2) That the transfer will permit the patient
			 to receive care and treatment in the least restrictive alternative mode of
			 treatment, considering the degree of danger or threat of danger to self or
			 others which the patient presents; or
(3) That the transfer is part of an
			 individual treatment plan which has been reviewed and approved by a
			 court.
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:260 - Kentucky Family Caregiver Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, Chapter 514, 199.011(4),
				205.455(4),
				42
				U.S.C. 601,
				651,
				1381,
				3030s,
				3030s-1
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				205.201(1) requires the
				cabinet to promote and aid in the establishment of local programs to the aging.
				KRS
				194A.050(1) requires the
				secretary to promulgate all administrative regulations authorized by applicable
				state laws necessary to operate programs and fulfill the responsibilities
				vested in the cabinet. This administrative regulation establishes the Kentucky
				Family Caregiver Program.
Section 1.
			 Definitions.
(1) "District" is defined by
			 KRS
			 205.455(4).
(2) "Federal poverty level" means the degree
			 to which a household's gross income matches the official poverty income
			 guidelines published annually in the Federal Register by the U.S. Department of
			 Health and Human Services.
(3)
			 "Formal support system" means a service obtainable through public or private
			 service programs.
(4) "Grandchild"
			 means a grandparent's grandchild:
(a) Through
			 blood, marriage, or adoption; and
(b) Who is no more than eighteen (18) years
			 of age.
(5) "Grant"
			 means a payment to a grandparent for services specified in Sections 6(3)(a) or
			 7 of this administrative regulation and based on:
(a) Need; and
(b) Actual cost.
(6) "Household" means an individual or group
			 of individuals who are living together in a principal residence as one (1)
			 economic unit.
(7) "Household
			 income" means all annual gross earned and unearned income received by a
			 household, including a:
(a) Lump sum payment;
			 or
(b) State or federal benefit
			 assistance payment.
(8)
			 "Informal support system" means any care provided to an individual which is not
			 provided as part of a public or private formal service program.
(9) "Local resolution" means a phone
			 conversation or meeting between a grandparent and district to resolve the
			 grandparent's dispute against denial of eligibility.
(10) "National Family Caregiver Support
			 Program" means the program established by
			 42 U.S.C.
			 3030s-1.
(11) "Primary caregiver" means a grandparent
			 providing full time care for that person's grandchild.
(12) "Respite services" is defined by
			 KRS
			 205.455(12).
(13) "Supplemental services" means the
			 services that a grandparent may receive in accordance with Section 7 of this
			 administrative regulation through application and grant or voucher
			 process.
(14) "Support services"
			 means the services that a grandparent may receive in accordance with Section 6
			 of this administrative regulation through application and grant or voucher
			 process.
(15) "Voucher" means a
			 payment made directly to a vendor for the services specified in Sections
			 6(3)(a) or 7 of this administrative regulation.
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 2 - Guardianship › Section 910 KAR 2:020 - Referral process for adult guardianship

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				209.020(5),
				210.290(3),
				(4), 387.500-387.990, Chapter 389A
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				387.600(1) authorizes the
				Cabinet for Health and Family Services to be appointed as limited guardian,
				guardian, limited conservator, or conservator to conduct an active guardianship
				or conservatorship program.
				KRS
				194A.050(1) requires the
				secretary of the cabinet to promulgate administrative regulations necessary
				under applicable state laws to protect, develop, and maintain the health,
				personal dignity, integrity, and sufficiency of the individual citizens of the
				commonwealth. This administrative regulation establishes referral requirements
				for adult guardianship.
Section 1.
			 Definitions.
(1) "Adult" is defined by
			 KRS
			 209.020(4).
(2) "Conservator" is defined by
			 KRS
			 387.510(1).
(3) "Court" means a court of competent
			 jurisdiction.
(4) "Disabled" is
			 defined by
			 KRS
			 387.510(8).
(5) "Division" means the Division of
			 Guardianship.
(6) "Informal network
			 of support" means:
(a) A family
			 member;
(b) A friend;
(c) A neighbor in the life of the individual
			 needing assistance; or
(d) Another
			 interested person or entity.
(7) "Inquiry" means an individual or entity
			 requesting information regarding guardianship services.
(8) "Least restrictive alternatives" means an
			 alternative to guardianship that has been exhausted prior to being eligible for
			 state appointment, including:
(a) Power of
			 attorney;
(b) Living
			 wills;
(c) Advance
			 directives;
(d) Case
			 management;
(e) Representative
			 payee;
(f) Curator;
(g) Trustee;
(h) Health care surrogate;
(i) Ex-parte order;
(j) Emergency protective services;
(k) Adult protective ongoing
			 services;
(l) Informal network of
			 support; or
(m) Supported decision
			 making.
(9) "Limited
			 conservator" is defined by
			 KRS
			 387.510(2).
(10) "Limited guardian" is defined by
			 KRS
			 387.510(4).
(11) "Protective services" is defined by
			 KRS
			 209.020(5).
(12) "Referral source" means an entity that
			 makes an inquiry of the Division of Guardianship Services such as:
(a) A member of the general public;
(b) Adult Protective Services;
(c) Child Protective Services;
(d) A family member;
(e) A medical hospital;
(f) A jail;
(g) A psychiatric hospital;
(h) Another interested person or entity;
			 or
(i) A long-term care
			 facility.
(13)
			 "Successor guardian" means an individual, agency, or corporation who is
			 appointed to succeed a current guardian removed by a court.
(14) "Supported decision making" means a
			 model for supporting people with disabilities to make significant decisions and
			 exercise their legal capacity.
(15)
			 "Ward" is defined by
			 KRS
			 387.510(15).
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 2 - Guardianship › Section 910 KAR 2:060 - Guardianship Trust Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 210.290, 387.010(6), 387.510(15),
				387.760
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to
				KRS
				210.290(4)-(6), the Cabinet
				for Health and Family Services is authorized to establish a guardianship trust
				fund that may be used for the benefit of individuals under state guardianship
				who are indigent. This administrative regulation establishes procedures used by
				the cabinet to provide public notice of any funds remaining after expenses are
				paid following the death of an individual under state guardianship who has an
				estate of less than ten thousand dollars ($10,000) of personal property or
				money and the process for claiming that property. This administrative
				regulation establishes the procedures used for any funds that remain unclaimed
				after the expiration of one (1) year to escheat to the guardianship trust fund
				and how the guardianship trust fund may be utilized.
Section 1. Definitions.
(1) "Applicant" or "Claimant" means the
			 person who has applied to receive unclaimed personal property or funds of a
			 deceased ward listed on the registry.
(2) "Beneficiary" means an individual or
			 entity that has been identified as a recipient of the estate pursuant to the
			 order of a probate court in this or any other state.
(3) "Cabinet" means the Cabinet for Health
			 and Family Services.
(4)
			 "Department" means the Department for Aging and Independent Living.
(5) "Guardianship trust fund" or "trust"
			 means the guardianship trust fund established by
			 KRS
			 210.290(4)-(6).
(6) "Guardianship unclaimed funds registry"
			 or "registry" means the registry maintained by the department to post unclaimed
			 funds of a deceased ward.
(7)
			 "Heir" means a legal relative, limited to a spouse, parent, child, or sibling
			 of the deceased appointee.
(8)
			 "Individual under guardianship" means a ward of the state as defined by
			 KRS
			 387.010(6).
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 3 - Brain Injury › Section 910 KAR 3:020 - Behavioral services for individuals with brain injuries

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, Chapter 45A, 189A.010(1)(a)- (d),
				211.470(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.050(3)(d) 2 requires
				the cabinet to promulgate an administrative regulation to provide direct
				services to individuals with brain injuries including long-term supportive
				services and training and consultation to professionals working with
				individuals with brain injuries.
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary under applicable state laws to protect,
				develop, and maintain the health, personal dignity, integrity, and sufficiency
				of the individual citizens of the commonwealth. This administrative regulation
				establishes procedures for the provision of behavioral services to individuals
				with brain injuries.
Section 1.
			 Definitions.
(1) "Behavioral services" means:
(a) Services that effectively manage severe
			 behavioral issues which occur as the result of a brain injury; and
(b) Rehabilitative services for the brain
			 injury.
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 3 - Brain Injury › Section 910 KAR 3:030 - Traumatic brain injury trust fund operations program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 42.320(2)(d), 45A.075, 45A.080,
				189A.050(3)(d)1, 205.900(3), 211.470-211.478, 314.011
NECESSITY, FUNCTION, AND CONFORMITY: EO 2009-541 transferred
				the functions and funds of
				KRS
				189A.050(3)(d) 1 to the
				Department for Aging and Independent Living.
				KRS
				211.474(1) requires the
				Traumatic Brain Injury Trust Fund Board of Directors to promulgate
				administrative regulations necessary to carry out the provisions of
				KRS
				211.470 through
				211.478. This administrative
				regulation establishes the Traumatic Brain Injury Trust Fund Operations
				Program.
Section 1. Definitions.
(1) "Applicant" means a person:
(a) Who applies for the program, including a
			 legally responsible individual on behalf of an applicant;
(b) Who participates in the development of,
			 and agrees to, a service plan for the use of the program; and
(c) For whom a completed service plan is
			 submitted to the program.
Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 4 - Office of Dementia Services › Section 910 KAR 4:010 - Alzheimer's and dementia services curriculum review and approval

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216.710-216.716, 216.935-216.939,
				Pub.L.
				116-131
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216.713 requires the
				Cabinet for Health and Family Services to establish the submission and approval
				process for training curriculum utilized by agencies that provide services to
				individuals who exhibit symptoms of Alzheimer's disease or other dementias.
				This administrative regulation establishes the process for submitting curricula
				for cabinet approval that will meet the minimum training requirements for
				direct-care staff serving individuals exhibiting symptoms of Alzheimer's or
				other dementias.
Section 1.
			 Definitions.
(1) "Department" means the
			 Department for Aging and Independent Living or "DAIL".
(2) "Provider agency" means a home health
			 agency, personal services agency, or assisted-living community that employs,
			 directly or by contract, aides or other non-licensed personnel whose work
			 involves extensive contact with individuals who exhibit symptoms of Alzheimer's
			 disease or other dementias.