Kentucky Administrative Regulations › Title 906 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Office of Inspector General › Section 906 KAR 1:180 - Operation and services; personal services agencies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 209.030(2), (3), 209.032,
				216.710-216.716, 216B.015, 311.621(16), 620.030(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216.712(4) requires
				the Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations to implement KRS 216.712 through 216.716, which
				require that personal service agencies be certified by the Cabinet for Health
				and Family Services. KRS 216.713(11) requires the cabinet to promulgate
				administrative regulations to implement, monitor, and enforce compliance with
				the dementia-specific training requirements for direct-care staff members. This
				administrative regulation establishes standards for the certification of
				personal services agencies.
Section 1.
			 Definitions.
(1) "Adverse action" means action
			 taken by the cabinet's Office of Inspector General (OIG) to deny or revoke the
			 certification of a personal services agency.
(2) "Cabinet" is defined by KRS 216.710(1).
(3) "Certification"
			 means that a person, business entity, corporation, or association, either
			 for-profit or not-for-profit, has been issued a certificate by the Office of
			 Inspector General to operate a personal services agency.
(4) "Client" is defined by KRS 216.710(2).
(5) "Designated
			 representative" is defined by KRS 216.710(5).
(6) "Direct-care staff member" is defined by
			 KRS 216.710(6).
(7) "Direct
			 service" is defined by KRS 216.710(7).
(8) "Employee" means an individual who is:
(a) Directly employed by a personal services
			 agency;
(b) An agent of a personal
			 services agency;
(c) An independent
			 contractor who has a contractual arrangement with a personal services agency to
			 provide personal services; or
(d)
			 Referred by another person or other agency that has an ownership or financial
			 interest that is realized from the delivery of personal services rendered by
			 the individual for whom the referral is made.
(9) "Facilitate the self-administration of
			 medication" means the client or the client's guardian, healthcare surrogate as
			 defined by KRS 311.621(16), or attorney-in-fact as appointed by a durable power
			 of attorney authorizing the attorney-in-fact to make health care decisions for
			 the client, has executed a written consent designating the persons or entities
			 authorized to prepare or direct the client's medications and authorizing the
			 personal services agency to facilitate the self-administration of medication in
			 accordance with Section 7(1)(b) of this administrative regulation.
(10) "Parent personal services agency" is
			 defined by KRS 216.710(11).
(11)
			 "Personal services" is defined by KRS 216.710(9).
(12) "Personal services agency" is defined by
			 KRS 216.710(10).
(13) "Provisional
			 certification" means that the Office of Inspector General (OIG) has issued a
			 ninety (90) day preliminary certificate to operate a personal services agency
			 to a person, business entity, corporation, or association, either for-profit or
			 not-for-profit, which:
(a) Has three (3) or
			 fewer employees when the initial application is filed; and
(b) Indicated on the application that it
			 intends to hire additional employees within ninety (90) calendar days of the
			 date of the application.
(14) "Significant financial interest" means
			 lawful, direct or indirect ownership of a personal services agency or health
			 care facility licensed pursuant to KRS Chapter 216B in an amount equal to or
			 greater than twenty-five (25) percent total ownership of the personal services
			 agency or health care facility.