Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:291 - Alzheimer's nursing homes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 216B.010-216B.131,
				216B.990
NECESSITY, FUNCTION, AND CONFORMITY: The administrative
				regulation establishing standards for freestanding facilities limited to the
				care of patients with Alzheimer's or related disorders, 902 KAR 20:290, was
				found deficient by the Administrative Regulation Review Subcommittee at its
				August 6, 1991, meeting. The finding of deficiency resulted from the
				staff/patient ratio specified in Section 3(10)(c)2 ("Staffing requirements").
				Legislation to establish the staff/patient ratio in KRS Chapter 216B was not
				enacted during the 1992 regular session of the General Assembly. Therefore,
				pursuant to
				KRS
				13A.333(1), 902 KAR 20:290
				expired.
				KRS
				216B.042 requires the cabinet to establish
				standards for health facilities and health services, and authorizes it to
				promulgate administrative regulations. Without an administrative regulation
				establishing standards for freestanding facilities for patients suffering from
				Alzheimer's or related disorders, the cabinet would be in violation of the
				legislative mandate expressed in
				KRS
				216B.042.
				KRS
				13A.333(6) prohibits an
				administrative body from promulgating an administrative regulation that is
				identical to or substantially the same as an administrative regulation that has
				expired. This administrative regulation is not identical to or substantially
				the same as 902 KAR 20:290, because:
(1) Only the section relating to the
			 staff/patient ratio was found deficient;
(2) this administrative regulation does not
			 establish or require a staff/patient ratio; and
(3) it is required, by legislative mandate,
			 by
			 KRS
			 216B.042.
Section 1. Definitions.
(1) "Activities of daily living" means
			 activities of self-help (e.g., being able to feed, bathe and/or dress oneself),
			 communication (e.g., being able to place phone calls, write letters and
			 understanding instructions) and socialization (e.g., being able to shop, being
			 considerate of others, working with others and participating in
			 activities).
(2) "Administrator"
			 means a person who is licensed as a nursing home administrator pursuant to
			 KRS
			 216A.080.
(3) "Facility" means a nursing home facility
			 constructed pursuant to
			 KRS 216B.071.
(4) "License" means an authorization issued
			 by the Cabinet for Human Resources for the purpose of operating a nursing home
			 and offering nursing home services.
(5) "PRN medications" means medications
			 administered as needed.
(6)
			 "Qualified dietician" or "nutritionist" means a person certified pursuant to
			 KRS 310.010 or
			 310.030.
(7) "Patient" means any resident admitted to
			 an Alzheimer's facility.
(8)
			 "Restraint" means any pharmaceutical agent or physical or mechanical device
			 used to restrict the movement of a patient or the movement of a portion of a
			 patient's body.