Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 20 - Health Services and Facilities › Section 902 KAR 20:036 - Operation and services; personal care homes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.700(1), (9), (11),
				202A.011(12),
				209.030,
				209.032,
				216.510
				- 216.525, 216.532, 216.765, 216.785-216.793, 216A.080, 216B.010-216B.130,
				216B.990, 310.021, 310.031, 21 C.F.R. Part 1317
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				216B.042(1) 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 personal care homes.
Section 1. Definitions.
(1) "Activities of daily living" or "ADL" is
			 defined by
			 KRS
			 194A.700(1).
(2) "Administrator" means an individual who:
(a)
1. Has
			 a license to practice long-term care administration pursuant to
			 KRS
			 216A.080; or
2. Has a high school diploma, a general
			 equivalency diploma (GED), or qualifying documentation from a comparable
			 educational entity; and
(b) Is age twenty-one (21) or
			 older.
(3) "Ambulatory"
			 means able to walk without assistance.
(4) "Certified nutritionist" means a health
			 care professional who is certified pursuant to
			 KRS
			 310.031.
(5) "Instrumental activities of daily living"
			 or "IADL" is defined by
			 KRS
			 194A.700(9).
(6) "Licensed dietician" means a health care
			 professional who is licensed pursuant to
			 KRS
			 310.021.
(7) "Mobile nonambulatory" is defined by
			 KRS
			 194A.700(11) and includes
			 the ability to:
(a) Self exit the building;
			 and
(b) Transfer independently or
			 with minimal assistance from bed-to-chair.
(8) "Nonambulatory" means unable to walk
			 without assistance.
(9) "Nonmobile"
			 means unable to move from place to place.
(10) "Personal care home" or "PCH" means an
			 establishment located in a permanent building that has resident beds and
			 provides:
(a) Supervision of
			 residents;
(b) Basic health and
			 health-related services;
(c)
			 Personal care services;
(d)
			 Residential care services; and
(e)
			 Social and recreational activities.
(11) "Qualified mental health professional"
			 or "QMHP" is defined by
			 KRS
			 202A.011(12).
(12) "Restraint" means any pharmaceutical
			 agent or physical or mechanical device used to restrict the movement of a
			 portion of a patient's body.
(13)
			 "Serious mental illness" or "SMI" means a mental illness or disorder (but not a
			 primary diagnosis of Alzheimer's disease or dementia), that is described in the
			 Diagnostic and Statistical Manual of Mental Disorders (DSM), 5th Edition, or
			 the DSM currently in use, that impairs or impedes functioning in one (1) or
			 more major areas of living and is unlikely to improve without treatment,
			 services, or supports.
(14)
			 "Specialized personal care home" or "SPCH" means a personal care home that:
(a) Participates in the mental illness or
			 intellectual disability supplement program pursuant to
			 921
			 KAR 2:015, Section 13; or
(b) Serves residents with thirty-five (35)
			 percent or more having an SMI.