210.270 Custodial care of patients with an intellectual disability in private homes,
752 words·~3 min read·
/ky/210-270A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
private nursing homes, and private institutions -- Transfer or reclassification
of patient -- Procedure.
(1)The secretary of the Cabinet for Health and Family Services is authorized to
designate those private homes, private nursing homes, and private institutions that
he or she deems, after a thorough investigation of the personal and financial
qualifications of the owners and tenants, the facilities and management, and the
desirability of the location of the homes, suitable for the placement of patients,
including individuals with mental illness or an intellectual disability of all ages,
outside of the state mental hospitals. The secretary of the Cabinet for Health and
Family Services may promulgate, by administrative regulation, standards for the
selection and operation of private homes, private nursing homes, and private
institutions designated for the placement of patients. No home of an officer or
employee of the Cabinet for Health and Family Services or of a member of his or
her immediate family shall be designated for the placement of patients.
(2)Whenever the staff of a state mental hospital has determined that a patient who is
not being held on an order arising out of a criminal offense has sufficiently
improved and is not dangerous to himself, herself, or other persons, and that it
would be in the patient's best interest to be placed outside of the hospital in a
private home or private nursing home, the hospital shall so certify and authorize the
patient to be transferred to a designated private home or private nursing home for
care and custody for a length of time that the hospital deems advisable.
(3)No patient with an intellectual disability lodged in a state institution may have his
or her level of care reclassified nor may the patient be transferred to a private
nursing home or other private institution without first providing ten
(10)days'
notice by certified mail, return receipt requested, to the patient's parents or guardian
that a reclassification of the patient's level of care or a transfer in the place of
residence is being considered.
(4)Any parent or guardian of any patient with an intellectual disability lodged in a state
institution may participate in any evaluation procedure which may result in a
reclassification of the patient's level of care or in a transfer in the place of residence
of the patient. Participation may include the submission by the parents or guardian
of medical evidence or any other evidence deemed relevant by the parents or
guardian to the possible reclassification or transfer of the patient.
(5)If the decision to reclassify or transfer any patient with an intellectual disability is
adverse to the best interests of the patient as expressed by the parents or guardian,
they shall be given notice by certified mail, return receipt requested, that they are
entitled to a thirty
(30)day period from the receipt of such notice to file with the
secretary of the Cabinet for Health and Family Services a notice of appeal and
application for a hearing. Upon receipt of an application for a hearing, a hearing
shall be conducted in accordance with KRS Chapter 13B.
(6)The appeal shall be heard by a three
(3)member panel composed of a designated
representative of the Cabinet for Health and Family Services, a designated
representative of the state institution where the patient with an intellectual disability
is presently lodged, and a designated neutral representative appointed by the county
judge/executive of the county in which the institution in question is located. The
Office of Administrative Hearings within the Department of Law may appoint a
hearing officer to preside over the conduct of the hearing.
(7)Decisions made by the panel may be appealed to the Circuit Court of the county in
which the state institution in question is located, to the Circuit Court of the county
in which either of the parents or guardians or committee of the patient in question is
domiciled at the time of the decision, or to Franklin Circuit Court in accordance
with KRS Chapter 13B.
(8)All parents or guardians or committee of a patient with an intellectual disability
lodged in a state institution shall be fully apprised by the Cabinet for Health and
Family Services of their rights and duties under the provisions of subsections (3),
(4), (5), (6), and
(7)of this section.
(9)The provisions of KRS 210.700 to 210.760 shall apply to patients transferred to
designated private homes and private nursing homes as though the patients were
residing in a state mental hospital.