Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:480 - Assisted living communities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.700 - 194A.729, 209.030(2) - (4),
				209.032, 216.515, 216.530, 216.532, 216.595, 216.718, 216.765, 216.789,
				216B.015(13), 216B.020(1), 216B.105, 216B.160, 216B.165, 218A.200(6),
				314.011(3), 21 C.F.R. Part
				1317, 45 C.F.R. Parts 160, 164,
				42 U.S.C.
				1320d-2 -
				1320d-8
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.707(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				under KRS Chapter 13A for an initial and re-licensure review process for
				assisted living communities, including licensure procedure for application,
				approval or denial, revocation, and appeals.
				KRS
				194A.707(9) authorizes the
				cabinet to promulgate administrative regulations to establish an assisted
				living community and assisted living community with dementia care licensure fee
				that shall not exceed costs of the program to the cabinet.
				KRS
				216B.042(1) requires the
				cabinet 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 establishes the
				minimum licensure requirements for the operation of social model assisted
				living communities (ALC), assisted living communities that provide basic health
				and health-related services (ALC-BH), and assisted living communities with a
				secured dementia care unit (ALC-DC).
Section
			 1. Definitions.
(1) "Activities
			 of daily living" is defined by
			 KRS
			 194A.700(1).
(2) "Ambulatory" is defined by
			 KRS
			 194A.700(2).
(3) "Assistance with activities of daily
			 living and instrumental activities of daily living" is defined by
			 KRS
			 194A.700(3).
(4) "Assistance with self-administration of
			 medication" is defined by
			 KRS
			 194A.700(4).
(5) "Assisted living community" is defined by
			 KRS
			 194A.700(5).
(6) "Assisted living community with dementia
			 care" is defined by KRS
			 194A.700(6).
(7) "Assisted living services" is defined by
			 KRS
			 194A.700(7).
(8) "Basic health and health-related
			 services" is defined by
			 KRS
			 194A.700(8).
(9) "Dementia" is defined by
			 KRS
			 194A.700(10).
(10) "Dementia care services" is defined by
			 KRS
			 194A.700(11).
(11) "Dementia-trained staff" is defined by
			 KRS
			 194A.700(12).
(12) "Direct care service" is defined by
			 KRS
			 216.718(4).
(13) "Hands-on assistance" is defined by
			 KRS
			 194A.700(13).
(14) "Health facility" is defined by
			 KRS
			 216B.015(13) to include
			 assisted living communities.
(15) "
			 Immediate family member" means a:
(a)
			 Spouse;
(b) Child;
(c) Stepchild;
(d) Son-in-law;
(e) Daughter-in-law; or
(f) Grandchild.
(16) "Instrumental activities of daily
			 living" is defined by
			 KRS
			 194A.700(15).
(17) "Legal representative" means a person
			 legally responsible for representing or standing in the place of the resident
			 to conduct the resident's affairs.
(18) "Licensed health professional" means a
			 person who:
(a) Possesses a current Kentucky
			 license or multistate licensure privilege to practice in Kentucky;
			 and
(b) Provides services to ALC-BH
			 or ALC-DC residents, including the delegation of tasks pursuant to
			 KRS
			 194A.700(7)(h) as authorized
			 under the professional's scope of practice.
(19) "Living unit" is defined by
			 KRS
			 194A.700(16).
(20) "Managing agent" means an individual or
			 legal entity designated by the licensee through a management agreement to act
			 on behalf of the licensee in the on-site management of the assisted living
			 community.
(21) "Medication
			 administration" is defined by
			 KRS
			 194A.700(17).
(22) "Medication management" is defined by
			 KRS
			 194A.700(18).
(23) "Medication reconciliation" means the
			 process of identifying the most accurate list of all medications the resident
			 is taking, including the name, dosage, frequency, and route, by comparing the
			 resident record to an external list of medications obtained from the resident,
			 hospital, prescriber, or other provider.
(24) "Medication setup" is defined by
			 KRS
			 194A.700(19).
(25) "Nurse" is defined by
			 KRS
			 314.011(3).
(26) "Nursing task" is defined by
			 201 KAR 20:400, Section
			 1(11).
(27) "Person-centered care"
			 is defined by KRS
			 194A.700(21).
(28) "PRN" means as needed.
(29) "Quality management activity" means
			 evaluating the quality of care by:
(a)
			 Reviewing resident services, complaints made, and other issues that have
			 occurred; and
(b) Determining if
			 changes in services, staffing, or other procedures need to be made to ensure
			 safe and competent services to residents.
(30) "Resident" is defined by
			 KRS
			 194A.700(22).
(31) "Secured dementia care unit" is defined
			 by KRS
			 194A.700(23).
(32) "Service plan" is defined by
			 KRS
			 194A.700(24).
(33) "Significant financial interest" means
			 the lawful ownership of an out-of-state or a Kentucky-licensed health facility
			 or health service, or other entity regulated by the cabinet, whether by share,
			 contribution, or otherwise, in an amount equal to or greater than twenty-five
			 (25) percent of total ownership of the out-of-state or Kentucky-licensed health
			 facility or health service, or other cabinet-regulated entity.
(34) "Temporary condition" is defined by
			 KRS
			 194A.700(26).
(35) "Unlicensed personnel" is defined by
			 KRS
			 194A.700(27).
(36) "Volunteer":
(a) Means a person who has duties that are
			 equivalent to the duties of an employee providing direct care services and the
			 duties involve, or might involve, one-on-one contact with a resident;
			 and
(b) Does not mean a member of a
			 community-based or faith-based organization or group that provides volunteer
			 services that do not involve unsupervised interaction with a
			 resident.