Kentucky Administrative Regulations › Title 910 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF AGING SERVICES › Chapter 1 - Aging Services › Section 910 KAR 1:240 - Certification of assisted-living communities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 17.165(1), (2), 194A.060(1),
				194A.700-729, 209.030, 216.300(1), 216.595, 216.789, 216.793
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires 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.
				KRS
				194A.707(1) and (2) require
				the cabinet to promulgate an administrative regulation establishing an initial
				and annual certification review process for assisted-living communities that
				shall include an on-site visit and procedures related to applying for,
				reviewing, and approving, denying, or revoking certification, as well as the
				conduct of hearings upon appeals as governed by KRS Chapter 13B. This
				administrative regulation establishes the certification process for
				assisted-living communities.
Section 1.
			 Definitions.
(1) "Activities of daily living"
			 is defined by
			 KRS
			 194A.700(1).
(2) "Ambulatory" means the ability to walk
			 without assistance.
(3) "Applicant"
			 means the owner or manager who represents a business seeking initial or annual
			 certification as an assisted-living community.
(4) "Assisted-living community" is defined by
			 KRS
			 194A.700(4).
(5) "Certification review" means the process
			 of reviewing applications and issuing certification for an assisted-living
			 community.
(6) "Client",
			 "resident", or "tenant" is defined by
			 KRS
			 194A.700(5).
(7) "Client's designated representative"
			 means a person identified in a document signed and dated by the client,
			 client's guardian, or attorney-in-fact identifying a representative authorized
			 to prepare or direct medication pursuant to
			 KRS
			 194A.700(3).
(8) "Danger" is defined by
			 KRS
			 194A.700(6).
(9) "Functional needs assessment" means the
			 client data required by
			 KRS
			 194A.705(5)(a) and
			 (b).
(10) "Instrumental activities of daily
			 living" is defined by 194A.700(9).
(11) "Licensed healthcare professional" is
			 defined by
			 KRS
			 216.300(1).
(12) "Living unit" is defined by
			 KRS
			 194A.700(10).
(13) "Mobile non-ambulatory" is defined by
			 KRS
			 194A.700(11).
(14) "Plan of correction" is defined by
			 KRS
			 194A.700(12).
(15) "Statement of danger" is defined by
			 KRS
			 194A.700(13).
(16) "Statement of noncompliance" is defined
			 by
			 KRS
			 194A.700(14).
(17) "Temporary condition" means a condition
			 that affects a client as follows:
(a) The
			 client loses mobility either before or after entering a lease agreement with
			 the as-sisted-living community but is expected to regain mobility within six
			 (6) months of loss of ambu-lation or mobile nonambulation; is documented by a
			 licensed healthcare professional who is not the owner, manager, or employee of
			 the assisted-living community; and the assisted-living community has a written
			 plan in place to ensure that the client is not a danger; or
(b)
1. The
			 client loses mobility after entering a lease agreement;
2. The client is not expected to regain
			 mobility;
3. Hospice or similar
			 end-of-life services are provided in accordance with
			 KRS
			 194A.705(2) documented by
			 hospice or a licensed health care professional; and
4. The assisted-living community has a
			 written plan in place to ensure that the client is not a danger.