216.597 Definitions -- Personal care homes and specialized personal care homes
693 words·~3 min read·
/ky/216-597A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
requirements -- Services provided -- Administrative regulations -- On-site
visits.
(1)As used in this section:
(a)"Cabinet" means the Cabinet for Health and Family Services;
(b)"Personal care home" or "PCH" means an establishment located in a
permanent building that does not comply with the physical plant requirements
of KRS 194A.703, has resident beds, and provides:
1. Supervision of residents;
2. Basic health and health-related services;
3. Personal care services;
4. Residential care services; and
5. Social and recreational activities; and
(c)"Specialized personal care home" or "SPCH" means a personal care home
that:
1. Participates in the mental illness or intellectual disability supplement
program pursuant to administrative regulations promulgated by the
cabinet; or
2. Serves residents with thirty-five percent (35%) or more having a serious
mental illness as defined by administrative regulations promulgated by
the cabinet.
(2)A resident in a PCH or SPCH shall:
(a)Be admitted in accordance with KRS 216.765;
(b)Be ambulatory as defined by KRS 194A.700;
(c)Be able to manage most of the activities of daily living; and
(d)Have care needs that do not exceed the capability of the PCH or SPCH.
(3)An individual who is nonambulatory as defined in KRS 194A.700 shall not be
eligible for residence in a PCH or SPCH.
(4)A PCH or SPCH may provide services to a resident who is deemed to have a
temporary condition as defined in KRS 194A.700.
(a)Residents of a PCH or SPCH may arrange for additional services under direct
contract or arrangement with an outside agent, professional, provider, or other
individual designated by the resident if permitted by the policies of the PCH
or SPCH.
(b)Permitted services for which a resident may arrange or contract include but are
not limited to health services, hospice services provided by a hospice program
licensed under KRS Chapter 216B, and other end-of-life services.
(a)Staffing in a PCH or SPCH shall be sufficient in number and qualification to
meet the twenty-four
(24)hour scheduled needs of each resident.
(b)One
(1)awake staff member shall be on site at each licensed entity at all
times.
(c)When a resident requires hands-on assistance of another person to walk,
transfer, or move from place to place with or without an assistive device, the
PCH or SPCH shall have a policy that describes how priority will be given by
staff sufficient to assist that resident during times of emergency when
evacuation may be necessary.
(a)The cabinet shall promulgate administrative regulations in accordance with
KRS Chapter 13A to establish an initial and relicensure review process for
personal care homes or specialized personal care homes. Administrative
regulations shall establish procedures related to applying for, reviewing, and
approving, denying, or revoking licensure, as well as the conduct of hearings
upon appeals as governed by KRS Chapter 216B.
(b)Notwithstanding any provision of law to the contrary, the cabinet may request
additional relevant information from a personal care home or specialized
personal care home or conduct additional on-site visits to ensure compliance
with the provisions of this chapter and other applicable statutes and
administrative regulations if the cabinet has reasonable cause to believe that
the personal care home or specialized personal care home is not in
compliance.
(c)Notwithstanding KRS 216.530, the cabinet shall conduct an on-site visit of a
personal care home or specialized personal care home:
1. As part of the initial licensure review process;
2. Twenty-four
(24)months following the date of the previous licensure
review, if during the previous licensure review a personal care home or
specialized personal care home was not found to have violated an
administrative regulation set forth by the cabinet that presented
imminent danger to a resident that created substantial risk of death or
serious mental or physical harm; and
3. Twelve
(12)months following the date of the previous licensure review,
if during the previous licensure review a personal care home or
specialized personal care home was found to have violated an
administrative regulation set forth by the cabinet that presented
imminent danger to a resident that created substantial risk of death or
serious mental or physical harm.