209.032 Query as to whether prospective or current employee has validated
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/ky/209-032A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
substantiated finding of adult abuse, neglect, or exploitation -- Administrative
regulations -- Central registry of substantiated findings made on or after July
15, 2014.
(1)As used in this section:
(a)"Employee" means a person who:
1. Is hired directly or through a contract by a vulnerable adult services
provider who has duties that involve or may involve one-on-one contact
with a patient, resident, or client; or
2. Is a volunteer who has duties that are equivalent to the duties of an
employee providing direct services and the duties involve, or may
involve, one-on-one contact with a patient, resident, or client;
(b)"Validated substantiated finding of adult abuse, neglect, or exploitation"
means that the cabinet has:
1. Entered a final order concluding by a preponderance of the evidence that
an individual has committed adult abuse, neglect, or exploitation against
a different adult for whom the individual was providing care or services
as an employee or otherwise with the expectation of compensation;
2. The individual has been afforded an opportunity for an administrative
hearing under procedures compliant with KRS Chapter 13B, and an
appeal to the Circuit Court of the county where the abuse, neglect, or
exploitation is alleged to have occurred or, if the individual consents, to
the Franklin Circuit Court; and
3. That any appeal, including the time allowed for filing an appeal, has
concluded or expired; and
(c)"Vulnerable adult service provider" means:
1. Adult day health care program centers as defined in KRS 216B.0441;
2. Adult day training facilities;
3. Assisted-living communities as defined in KRS 194A.700;
4. Boarding homes as defined in KRS 216B.300;
5. Group homes for individuals with an intellectual disability and
developmentally disabled (ID/DD);
6. Home health agencies as defined in KRS 216.935;
7. Hospice programs or residential hospice facilities licensed under KRS
Chapter 216B;
8. Long-term-care hospitals as defined in 42 U.S.C. sec.
1395ww(d)(1)(B)(iv);
9. Long-term-care facilities as defined in KRS 216.510;
10. Personal services agencies as defined in KRS 216.710;
11. Providers of home and community-based services authorized under KRS
Chapter 205, including home and community based waiver services and
supports for community living services; and
12. State-owned and operated psychiatric hospitals.
(2)A vulnerable adult services provider shall query the cabinet as to whether a
validated substantiated finding of adult abuse, neglect, or exploitation has been
entered against an individual who is a bona fide prospective employee of the
provider. The provider may periodically submit similar queries as to its current
employees and volunteers. The cabinet shall, except as provided under subsection
(5)of this section and any administrative regulations promulgated thereunder, reply
to either type of query only that it has or has not entered such a finding against the
named individual.
(3)An individual may query the cabinet as to whether the cabinet's records indicate
that a validated substantiated finding of adult abuse, neglect, or exploitation has
been entered against him or her. The cabinet shall reply only that it has or has not
entered such a finding against the named individual, although this limitation shall
not be construed to prevent the individual who is the subject of the investigation
from obtaining cabinet records under other law, including the Kentucky Open
Records Act. An individual making a query under this subsection may direct that
the results of the query be provided to an alternative recipient seeking to utilize the
care or services of the querying individual.
(4)Every cabinet investigation of adult abuse, neglect, or exploitation committed by an
employee or a person otherwise acting with the expectation of compensation shall
be conducted in a manner affording the individual being investigated the level of
due process required to qualify any substantiated finding as a validated
substantiated finding of adult abuse, neglect, or exploitation.
(5)The cabinet shall promulgate administrative regulations in accordance with KRS
Chapter 13A to implement the provisions of this section. Included in these
administrative regulations shall be:
(a)An error resolution process allowing an individual whose name is erroneously
reported to have been the subject of a validated substantiated finding of adult
abuse, neglect, or exploitation to request the correction of the cabinet's
records;
(b)A designation of the process by which queries may be submitted in
accordance with this section, which shall require that the queries be made
using a secure methodology and only by providers and persons authorized to
submit a query under this section; and
(c)Notwithstanding any provision of law to the contrary including but not limited
to subsection
(2)of this section, a process of notification by which the cabinet
shall notify a vulnerable adult service provider who queries the cabinet
pursuant to this section that the queried individual has appealed a
substantiated finding of adult abuse, neglect, or exploitation and that the
appeal is pending.
(6)If the cabinet does not respond to a query under subsection
(2)of this section within
twenty-four
(24)hours and a vulnerable adult services provider hires or utilizes an
employee provisionally, the provider shall not be subject to liability solely on the
basis of hiring or utilizing the employee before having received the cabinet's
response.
(7)This section shall only apply to instances of abuse, neglect, or exploitation
substantiated on or after July 15, 2014, which shall be compiled into a central
registry for the purpose of queries submitted under this section.