Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:300 - Operation and services; nursing facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				209.030(2)-(4), 209.032,
				216.510-216.525, 216.532, 216.535, 216.540, 216.543, 216.545, 216.547,
				216.785-216.793,
				42 C.F.R.
				483.1-483.95
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
				establishes minimum licensure requirements for the operation of and services
				provided by nursing facilities.
Section
			 1. Scope of Operations and Licensure.
(1) A nursing facility licensed under this
			 administrative regulation shall comply with federal, state, and local laws and
			 regulations pertaining to the operation of the facility, including compliance
			 with the laws and regulations specified in this subsection.
(a) A nursing facility shall comply with the
			 requirements of
			 42 C.F.R.
			 483.1-483.95.
(b) A nursing facility shall not be operated
			 by or employ any person who is listed on the:
1. Nurse aide abuse registry pursuant to
			 KRS
			 216.532; or
2. Caregiver misconduct registry established
			 by
			 KRS
			 209.032 and 922 KAR
			 5:120.
(c) A nursing
			 facility shall comply with the preemployment criminal background check
			 requirements of
			 KRS
			 216.785 - 216.793.
(d) A nursing facility shall comply with the
			 tuberculosis (TB) testing requirements established by:
1.
											902
			 KAR 20:200; and
2.
											902 KAR
			 20:205;
(e) A nursing facility shall ensure that the
			 rights of residents are protected in accordance with
			 KRS
			 216.515 - 216.520.
(f) A nursing facility shall conspicuously
			 display the posters required by
			 KRS 216.525 that
			 detail how an individual may make a written or oral complaint to the
			 cabinet.
(g) A nursing facility
			 shall provide the information required by
			 KRS
			 216.535(3) upon admission of
			 a nursing facility resident.
(h) A
			 nursing facility shall comply with the requirements for access to the facility
			 pursuant to
			 KRS
			 216.540(2) - (5).
(i) A nursing facility shall comply with the
			 posting requirements of
			 KRS
			 216.543.
(j) Upon admission, a nursing facility shall
			 provide a copy of the statement required by
			 KRS
			 216.545(2) to the resident,
			 resident's family member, or guardian.
(k) A nursing facility shall comply with the
			 requirements for public inspection of the information and documents identified
			 in
			 KRS
			 216.547(1).
(l) A nursing facility shall comply with the
			 license procedures and fee schedule established by
			 902 KAR
			 20:008.
(m) A nursing facility shall maintain written
			 policies that assure the reporting of cases of abuse, neglect, or exploitation
			 of adults pursuant to
			 KRS
			 209.030(2) -
			 (4).