216B.305 Registration of boarding home -- Standards for operation --
924 words·~4 min read·
/ky/216b-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unannounced inspection -- Denial of registration -- Access by cabinet
employees and agents -- No preemption of local authority for stricter
requirements.
(1)No person, association, business entity, or organization shall advertise, solicit
boarders, or operate a boarding home without registering, on an annual basis, in a
manner and form prescribed by the secretary. No person who has been convicted of
a crime of abuse under KRS 508.100 to 508.120 or who has had a report of abuse
substantiated by the cabinet shall be registered to operate a boarding home. The
secretary shall impose a fee, not to exceed one hundred dollars ($100), for this
registration.
(2)The secretary shall adopt standards, by administrative regulation pursuant to KRS
Chapter 13A, for the operation of boarding homes. The administrative regulations
shall include minimum requirements in the following areas:
(a)Minimum room sizes for rooms occupied for sleeping purposes. Rooms
occupied by one
(1)boarding home resident shall contain at least sixty
square feet of floor space. Rooms occupied by more than one
(1)occupant
shall contain at least forty
(40)square feet of floor space for each occupant;
(b)Bedding, linens, and laundry services provided to residents;
(c)Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation
of the premises;
(d)Heating, lighting, and fire prevention, including the installation and
maintenance of smoke detectors;
(e)Maintenance of the building;
(f)Food handling, preparation, and storage, and kitchen sanitation;
(g)Nutritional standards sufficient to meet the boarder's need;
(h)Complaint procedures whereby residents may lodge complaints with the
cabinet concerning the operation of the boarding home; and
(i)Initial and periodic screening procedures to ensure that individuals meet the
definition of "boarder" under KRS 216B.300(3).
(3)Prior to the initial or annual registration of a boarding home, the cabinet shall cause
an unannounced inspection to be made of the boarding home, either by cabinet
personnel or through the local health department acting on behalf of the cabinet, to
determine if the boarding home is in compliance with:
(a)Standards established in subsections
(1)and
(2)of this section;
(b)Administrative regulations relating to the operation of boarding homes
promulgated pursuant to subsection
(2)of this section; and
(c)All applicable local health, fire, building, and safety codes and zoning
ordinances.
(a)A boarding home shall not be registered to any person, association, business
entity, or organization that has been previously penalized for operating a
boarding home without a registration or that has had a previously denied or
revoked registration to operate a boarding home, for a period of five
(5)years
following the date of imposition of the previous penalty or denial or
revocation of registration.
(b)A boarding home operator may appeal the cabinet's denial of initial or annual
registration, and an administrative hearing shall be conducted in accordance
with KRS Chapter 13B. A hearing held for a summary suspension shall be
expedited and shall be in accordance with administrative regulations
promulgated by the cabinet. If a boarding home continues to operate in
violation of administrative regulations promulgated pursuant to subsection
of this section, the cabinet shall institute injunctive proceedings in Circuit
Court to terminate the operation of the boarding home.
(5)Any person, association, business entity, or organization that submits an application
to register a boarding home that conceals a previously denied or revoked application
or conceals a penalty received for operating a boarding home without a registration
shall be liable for a civil penalty of at least one thousand dollars ($1,000) but not
more than five thousand dollars ($5,000). Any registration issued in reliance upon
the application concealing information shall be immediately revoked.
(6)Initial and annual registration may be denied and existing registration may be
revoked for any of the following:
(a)The boarding home fails to achieve or maintain substantial and continuing
compliance with administrative regulations promulgated pursuant to
subsection
(2)of this section;
(b)The boarding home fails or refuses to correct violations within a reasonable
time as specified by the cabinet; or
(c)The applicant for registration or the registrant has been convicted of a crime
related to abuse, neglect, or exploitation of an adult or has had an incident of
adult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated
by the cabinet.
(7)Employees or designated agents of the cabinet shall have the authority to enter at
any time a boarding home or any premises suspected of operating as an unregistered
boarding home for the purpose of conducting an inspection or investigating a
complaint.
(8)A boarding home shall not handle, store, dispense, or assist with the dispensing of a
boarder's prescription or non-prescription medications.
(9)Upon request of the boarder, the boarding home shall provide access to a lockable
compartment for use by a resident who requests secure storage for prescription
medication.
(10)If a boarding home fails to meet a minimum standard established in subsection
or
(3)of this section and is in such a condition that the cabinet determines that the
boarding home's continued operation poses a significant risk to the health and safety
of its residents, the cabinet may summarily suspend the registration of the boarding
home by ordering that its operations cease until corrections are made or until a
hearing is held on the appropriateness of the suspension.
(11)Nothing in this section or KRS 216B.303 shall be construed to prohibit local
governments from imposing requirements on boarding homes that are stricter than
those imposed by administrative regulations of the Cabinet for Health and Family
Services.