CABINET FOR HEALTH AND FAMILY SERVICES

KRS tit. XVII, ch. 194A

in effect

KRS 194A.001 Use of Kentucky Public Health Improvement Plan

194A.001. Use of Kentucky Public Health Improvement Plan (1) Public health stakeholders can be expected to use the Kentucky Public Health Improvement Plan in the following ways: (a) As a guide for public health and local public health departments to plan their activities and budget their resources. (b) As a guide for public health to educate the public about the activities and goals of the Department, its resource needs, and the progress it has made in achieving public health goals. (c) As a guide for health-planning purposed by public and private health providers, such as hospitals, nursing homes, by provider associations, such as hospital associations, professional associations; and by health and social service organizations, including funding sources, and nonprofit human services agencies. (d) As a guide for local groups and coalitions of health and health-related providers, and by local human services and other agencies, as for example, public schools, in the development of innovative efforts to provide community assessment, policy development, and assurance. (e) As a resource for health policy analysts and academicians to devise and evaluate innovative health programs and services. (2) The Kentucky Public Health Improvement Plan will be considered in health budget decisions. (3) The Kentucky Public Health Improvement Plan will be used as a measure of the adequacy of funding available for public health purposes. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 344, sec. 1, effective July 15, 1998.

KRS 194A.005 Definitions for chapter

194A.005. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; and (2) "Secretary" means the secretary for health and family services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 150, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 1, effective July 15, 1998.

KRS 194A.010 Cabinet for Health and Family Services -- Functions

194A.010. Cabinet for Health and Family Services -- Functions (1) The cabinet is the primary state agency for operating the public health, Medicaid, certificate of need and licensure, and mental health and intellectual disability programs in the Commonwealth. The function of the cabinet is to improve the health of all Kentuckians, including the delivery of population, preventive, reparative, and containment health services in a safe and effective fashion, and to improve the functional capabilities and opportunities of Kentuckians with disabilities. The cabinet is to accomplish its function through direct and contract services for planning and through the state health plan and departmental plans for program operations, for program monitoring and standard setting, and for program evaluation and resource management. (2) The cabinet is the primary state agency responsible for leadership in protecting and promoting the well-being of Kentuckians through the delivery of quality human services. Recognizing that children are the Commonwealth's greatest natural resource and that individuals and their families are the most critical component of a strong society, the cabinet shall deliver social services to promote the safety and security of Kentuckians and preserve their dignity. The cabinet shall administer child welfare programs that promote collaboration and accountability among government agencies, public, and private programs to improve the lives of families and children in developing strategies consistent with best practice standards for delivery of services. The cabinet also shall administer income-supplement programs that protect, develop, preserve, and maintain individuals, families, and children in the Commonwealth. Effective:April 1, 2022 History: Amended 2022 Ky. Acts ch. 75, sec. 10, effective April 1, 2022. -- Amended 2012 Ky. Acts ch. 158, sec. 13, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 9, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 24, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 2, effective July 15, 1998.

KRS 194A.025 Power and authority of secretary

194A.025. Power and authority of secretary (1) The secretary for health and family services and the secretary's designated representatives in the discharge of the duties of the secretary may administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records considered necessary and relevant as evidence at hearings held in connection with the administration of the cabinet. (2) The secretary may delegate any duties of the office of secretary to employees of the cabinet as the secretary deems necessary and appropriate, unless otherwise prohibited by statutes. (3) The secretary may enter into any contracts and agreements with individuals, colleges, universities, associations, corporations, municipalities, and other units of government as may be deemed necessary to carry out the general intent and purposes of the cabinet. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 151, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 3, effective July 15, 1998.

KRS 194A.030 Major organizational units of cabinet

194A.030. Major organizational units of cabinet The cabinet consists of the following major organizational units, which are hereby created: (1) Office of the Secretary. Within the Office of the Secretary, there shall be an Office of Legal Services, an Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services, an Office of Application Technology Services, an Office of Data Analytics, and an Office of Medical Cannabis as follows: (a) The Office of Legal Services shall provide legal advice and assistance to all units of the cabinet in any legal action in which it may be involved. The Office of Legal Services shall employ all attorneys of the cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning the operation of all programs in the cabinet. The Office of Legal Services shall be headed by a general counsel who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and 12.210. The general counsel shall be the chief legal advisor to the secretary and shall be directly responsible to the secretary. The Attorney General, on the request of the secretary, may designate the general counsel as an assistant attorney general under the provisions of KRS 15.105; (b) The Office of Inspector General shall be headed by an inspector general who shall be appointed by the secretary with the approval of the Governor. The inspector general shall be directly responsible to the secretary. The Office of Inspector General shall be responsible for: 1. The conduct of audits and investigations for detecting the perpetration of fraud or abuse of any program by any client, or by any vendor of services with whom the cabinet has contracted; and the conduct of special investigations requested by the secretary, commissioners, or office heads of the cabinet into matters related to the cabinet or its programs; 2. Licensing and regulatory functions as the secretary may delegate; 3. Review of health facilities participating in transplant programs, as determined by the secretary, for the purpose of determining any violations of KRS 311.1911 to 311.1959, 311.1961, and 311.1963; 4. The duties, responsibilities, and authority pertaining to the certificate of need functions and the licensure appeals functions, pursuant to KRS Chapter 216B; 5. The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority; 6. The oversight of the operations of the Kentucky Health Information Exchange; and 7. The support and guidance to health care providers related to telehealth services, including the development of policy, standards, resources, and education to expand telehealth services across the Commonwealth; (c) The Office of Public Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide information to the public and news media about the programs, services, and initiatives of the cabinet; (d) The Office of Human Resource Management shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall coordinate, oversee, and execute all personnel, training, and management functions of the cabinet. The office shall focus on the oversight, development, and implementation of quality improvement services; curriculum development and delivery of instruction to staff; the administration, management, and oversight of training operations; health, safety, and compliance training; and equal employment opportunity compliance functions; (e) The Office of Finance and Budget shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of budget, contract, and cabinet finances. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; (f) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of legislation, policy, and administrati ve regulations. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; (g) The Office of Administrative Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide central review and oversight of procurement, general accounting including grant monitoring, and facility management. The office shall provide coor dination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; (h) The Office of Application Technology Services shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The office shall provide application technology services including central review and oversight. The office shall provide coordination, assistance, and support to program departments and independent review and analysis on behalf of the secretary; (i) The Office of Data Analytics shall be headed by an executive director who shall be appointed by the secretary with the approval of the Governor under KRS 12.050 and shall identify and innovate strategic initiative s to inform public policy initiatives and provide opportunities for improved health outcomes for all Kentuckians though data analytics. The office shall provide leadership in the redesign of the health care delivery system using electronic information technology to improve patient care and reduce medical errors and duplicative services; and (j) The Office of Medical Cannabis shall be headed by an executive director appointed by the Governor in accordance with KRS 12.040 and shall implement, operate, oversee, and regulate the medicinal cannabis program. The office shall be composed of the Division of Enforcement and Compliance and the Division of Licensure and Access. Each division in the office shall be headed by a director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. (2) Department for Medicaid Services. The Department for Medicaid Services shall serve as the single state agency in the Commonwealth to administer Title XIX of the Federal Social Security Act. The Department for Medicaid Services shall be headed by a commissioner for Medicaid services, who shall be appointed by the secretary with the approval of the Governor under KRS 12.050. The commissioner for Medicaid services shall be a person who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner for Medicaid services shall exercise authority over the Department for Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary; (3) Department for Public Health. The Department for Public Health shall develop and operate all programs of the cabinet that provide health services and all programs for assessing the health status of the population for the promotion of health and the prevention of disease, injury, disability, and premature death. This shall include but not be limited to oversight of the Division of Women's Health and the Office for Children with Special Health Care Needs. The duties, responsibilities, and authority set out in KRS 200.460 to 200.490 shall be performed by the Department for Public Health. The Department for Public Health shall advocate for the rights of children with disabilities and, to the extent that funds are available, shall ensure the administration of services for children with disabilities as are deemed appropriate by this office pursuant to Title V of the Social Security Act. The Department for Public Health may promulgate administrative regulations under KRS Chapter 13A as may be necessary to implement and administer its responsibilities. The Office for Children with Special Health Care Needs may be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. The Department for Public Health shall be headed by a commissioner for public health who shall be appointed by the secretary with the approval of the Governor under KRS 12.050. The commissioner for public health shall be a duly licensed physician who by experience and training in administration and management is qualified to perform the duties of this office. The commissioner shall advise the head of each major organizational unit enumerated in this section on policies, plans, and programs relating to all matters of public health, including any actions necessary to safeguard the health of the citizens of the Commonwealth. The commissioner shall serve as chief medical officer of the Commonwealth. The commissioner for public health shall exercise authority over the Department for Public Health under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary; (4) Department for Behavioral Health, Developmental and Intellectual Disabilities. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use disorders and shall develop and administer an array of services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual disability, brain injury, developmental disability, or a substance use disorder. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall be headed by a commissioner for behavioral health, developmental and intellectual disabilities who shall be appointed by the secretary with the approval of the Governor under KRS 12.050. The commissioner for behavioral health, developmental and intellectual disabilities shall be by training and experience in administration and management qualified to perform the duties of the office. The commissioner for behavioral health, developmental and intellectual disabilities shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary; (5) Department for Family Resource Centers and Volunteer Services. The Department for Family Resource Centers and Volunteer Services shall streamline the various responsibilities associated with the human services programs for which the cabinet is responsible. This shall include, but not be limited to, oversight of the Division of Family Resource and Youth Services Centers and Serve Kentucky. The Department for Family Resource Centers and Volunteer Services shall be headed by a commissioner who shall be appointed by the secretary with the approval of the Governor under KRS 12.050. The commissioner for family resource centers and volunteer services shall be by training and experience in administration and management qualified to perform the duties of the office, shall exercise authority over the department under the direction of the secretary, and shall only fulfill those responsibilities as delegated by the secretary; (6) Department for Community Based Services. The Department for Community Based Services shall administer and be responsible for child and adult protection, guardianship services, violence prevention resources, foster care and adoption, permanency, and services to enhance family self-sufficiency, including child care, social services, public assistance, and family support. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050; and (7) Department for Aging and Independent Living. The Department for Aging and Independent Living shall serve as the state unit as designated by the Administration on Aging Services under the Older Americans Act and shall have responsibility for administration of the federal community support services, in-home services, meals, family and caregiver support services, elder rights and legal assistance, senior community services employment program, the state health insurance assistance program, state home and community based services including home care, Alzheimer's respite services and the personal care attendant program, certifications of assisted living facilities, and the state Council on Alzheimer's Disease and other related disorders. The department shall also administer the Long-Term Care Ombudsman Program and the Medicaid Home and Community Based Waivers Participant Directed Services Option (PDS) Program. The department shall serve as the information and assistance center for aging and disability services and administer multiple federal grants and other state initiatives. The department shall be headed by a commissioner appointed by the secretary with the approval of the Governor in accordance with KRS 12.050. Effective: July 1, 2025 History: Amended 2024 Ky. Acts ch. 195, sec. 22, effective July 1, 2025. -- Amended 2023 Ky. Acts ch. 25, sec. 4, effective June 29, 2023; ch. 124, sec. 5, effective July 1, 2024; and ch. 124, sec. 91, effective July 1, 2025. -- Amended 2022 Ky. Acts ch. 51, sec. 6, effective July 14, 2022; ch. 211, sec. 22, effective January 1, 2023; and ch. 223, sec. 6, effective January 1, 2023. -- Amended 2021 Ky. Acts ch. 180, sec. 5, effective June 29, 2021. -- Amended 2020 Ky. Acts ch. 9, sec. 2, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 90, sec. 6, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 114, sec. 3, effective July 14, 2018; and ch. 159, sec. 2, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 80, sec. 28, effective June 29, 2017; and ch. 92, sec. 2, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 21, effective July 12, 2012; and ch. 158, sec. 14, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 161, sec. 28, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 172, sec. 5, effective July 12, 2006; and ch. 181, sec. 3, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 25, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 40, sec. 2, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 6, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 4, effective July 15, 1998. Legislative Research Commission Note (7/1/2025). This statute was amended by 2023 Ky. Acts chs. 25 and 124, which are in conflict. Under KRS 446.250, Acts ch. 124, which was last enacted by the General Assembly, prevails. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250. Legislative Research Commission Note (4/19/2007). A manifest clerical or typographical error has been corrected by the Reviser of Statutes in the second full sentence of subsection (2) of this section pursuant to KRS 7.136(1)(h).

KRS 194A.040 Internal organization of offices and departments -- Secretary's power to create positions -- Election of coverage under unemployment insurance

194A.040. Internal organization of offices and departments -- Secretary's power to create positions -- Election of coverage under unemployment insurance (1) The secretary shall, subject to the provisions of KRS Chapter 12, establish the internal organization of the offices and departments not established in 1974 Ky. Acts ch. 74, Art. VI, or 1998 Ky. Acts ch. 426, and shall organize the cabinet into offices, divisions, regions, districts, and other administrative units as the secretary deems necessary to perform the functions, exercise the powers, and fulfill the duties of the cabinet. (2) The secretary shall have any and all necessary powers and authority subject to appropriate provisions of the statutes to create positions that enable the cabinet to fulfill all functions assigned to it. The secretary shall designate a person to act as deputy to exercise the duties of the office in case of absence. (3) The secretary shall, with the approval of the Governor, elect coverage for employees of the cabinet under the unemployment insurance law when required by federal law. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 5, effective July 15, 1998.

KRS 194A.050 Execution of policies, plans, and programs -- Administrative regulations -- Fees

194A.050. Execution of policies, plans, and programs -- Administrative regulations -- Fees (1) The secretary shall formulate, promote, establish, and execute policies, plans, and comprehensive programs and shall adopt, administer, and enforce throughout the Commonwealth all applicable state laws and all administrative regulations necessary under applicable state laws to protect, develop, and maintain the health, personal dignity, integrity, and sufficiency of the individual citizens of the Commonwealth and necessary to operate the programs and fulfill the responsibilities vested in the cabinet. The secretary shall promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. (2) (a) Except as otherwise provided by law, the secretary shall have authority to establish by administrative regulation a schedule of reasonable fees. The total fees for permitting and inspection: 1. Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185; 2. Beginning on March 17, 2020, until December 31, 2020, shall not increase more than twenty-five percent (25%) of the fee amount on March 17, 2020; and 3. Beginning on or after January 1, 2021, shall not increase more than five percent (5%) for each year thereafter. (b) The fees shall cover the costs of annual inspections of efforts regarding compliance with program standards administered by the cabinet. (c) All fees collected for inspections shall be deposited in the State Treasury and credited to a revolving fund account to be used for administration of those programs of the cabinet. The balance of the account shall lapse to the general fund at the end of each biennium. Fees shall not be charged for investigation of complaints. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 21, sec. 4, effective March 17, 2020; and ch. 36, sec. 7, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 136, sec. 1, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 80, sec. 17, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 26, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 406, sec. 25, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 6, effective July 15, 1998. Legislative Research Commission Note (7/15/2020). This statute was amended by 2020 Ky. Acts chs. 21 and 36, which do not appear to be in conflict and have been codified together.

KRS 194A.052 Commonwealth Office of the Ombudsman contact information required on cabinet website -- Access to group email

194A.052. Commonwealth Office of the Ombudsman contact information required on cabinet website -- Access to group email (1) The cabinet and any of its departments, divisions, offices, boards, commissions, and any other organizational unit whether incorporated or attached that maintains a generally accessible website or for which a generally accessible website is maintained shall include the following at the top of the webpage and in a manner approved by the Commonwealth Office of the Ombudsman: (a) A link to the website of the Commonwealth Office of the Ombudsman; (b) The telephone number for the Commonwealth Office of the Ombudsman; and (c) An email address for the Commonwealth Office of the Ombudsman. (2) The cabinet shall provide the Commonwealth Offi ce of the Ombudsman with read - only access to any group email inboxes where complaints are received so that the Commonwealth Office of the Ombudsman may assist individuals with their complaints. Effective: March 27, 2025 History: Created 2025 Ky. Acts ch. 117, sec. 28, effective March 27, 2025.

KRS 194A.055 Kentucky Health Care Improvement Fund -- Purpose -- Source of moneys -- Strategic plan for fund distribution -- Annual report and audit

194A.055. Kentucky Health Care Improvement Fund -- Purpose -- Source of moneys -- Strategic plan for fund distribution -- Annual report and audit There is established in the State Treasury a fund to be known as the "Kentucky Health Care Improvement Fund." This fund shall exist for the purpose of receipt and expenditure of moneys to improve health care and access to health insurance residents of the Commonwealth. The fund may receive state appropriations, gifts, grants, and federal funds and shall be disbursed by the State Treasury upon the warrant of the secretary of the Cabinet for Health and Family Services. Beginning July 1, 2000, twenty -five percent (25%) of the proceeds from the tobacco settlement agreement fund shall be deposited in this fund as provided under KRS 248.654. All investment income earned from moneys deposited in the fund shall accrue to the fund. The moneys in the fund shall not lapse at the close of any fiscal year but shall be carried forward in the next fiscal year for the purpose of the fund. The board shall develop and oversee the implementation of a strategic plan. The strategic plan shall identify both short -term and long-term goals and the appropriate oversights to measure progress toward achievement of those goals, and it shall be updated every two (2) years. The board shall submit an annual report to the Governor and the Legislative Research Commission by September 1 of each year for the preceding fiscal year, outlining its activities and expenditures. The Auditor of Public Accounts, on an annual basis, shall conduct a thorough review of all expenditures from the fund and, if necessary in the opinion of the Auditor, an audit of the operations of the fund. No money in the fund shall be allocated until the board has adopted a strate gic plan. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 152, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 546, sec. 4, effective April 26, 2000. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, D, 1, (4) at 2077. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. X, (5) at 2169.

KRS 194A.058 Out-of-home care program fund

194A.058. Out-of-home care program fund (1) There is hereby established in the State Treasury a restricted fund to be known as the out-of-home care program fund. (2) The fund shall consist of moneys received from donations, grants, gifts, state appropriations, and federal funds. (3) The fund shall be administered by the Department for Community Based Services. (4) Moneys in the fund shall remain in the fund until appropriated by the General Assembly. (5) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. Effective: April 14, 2026 History: Created 2026 Ky. Acts ch. 161, sec. 110, effective April 14, 2026.

KRS 194A.060 Confidentiality of record and reports

194A.060. Confidentiality of record and reports (1) The secretary shall develop and promulgate administrative regulations that protect the confidential nature of all records and reports of the cabinet that directly or indirectly identify a client or patient or former client or patient of the cabinet and that insure that these records are not disclosed to or by any person except as, and insofar as: (a) The person identified or the guardian, if any, shall give consent; or (b) Disclosure may be permitted under state or federal law. (2) The cabinet shall share pertinent information from within the agency's records on clients, current and former clients, recipients, and patients as may be permitted by federal and state confidentiality statutes and regulations governing release of data with other public, quasi-public, and private agencies involved in providing services to current or former clients or patients subject to confidentiality agreements as permitted by federal and state law if those agencies demonstrate a direct, tangible, and legitimate interest in the records. In all instances, the individual's right to privacy is to be respected. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 7, effective July 15, 1998.

KRS 194A.062 Criminal background investigation required for cabinet's employees with access to or use of federal tax information and front-line staff

194A.062. Criminal background investigation required for cabinet's employees with access to or use of federal tax information and front-line staff (1) Each employee of the cabinet, including contract staff, with access to or use of federal tax information shall submit to a criminal background investigation by means of a fingerprint check by the Department of Kentucky State Police and the Federal Bureau of Investigation. (2) Front-line staff, as defined in KRS 194A.065, shall submit to national and state fingerprint-supported criminal background checks by the Department of Kentucky State Police and the Federal Bureau of Investigation. (3) The results of the national and state criminal background checks shall be sent to the cabinet. (4) The cabinet may register employees, contract staff, or front-line staff in the rap back system. (5) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 53, sec. 1, effective July 15, 2020. -- Created 2017 Ky. Acts ch. 97, sec. 1, effective March 21, 2017.

KRS 194A.065 Recording of data elements for centralized criminal history record information system -- Definition of front-line staff

194A.065. Recording of data elements for centralized criminal history record information system -- Definition of front-line staff (1) For the purposes of this section, "front-line staff" means an employee of the Division of Service Regions of the Department for Community Based Services or the immediate supervisor of an employee whose professional duties include ongoing adult or child protective services, protective services investigations or assessments, or regularly conducting interviews, visits, contacts, or providing transportation services or other services in the homes of family members involved in adult or child protective services. (2) The Cabinet for Health and Family Services, the Department of Juvenile Justice, the Department of Corrections, the Administrative Office of the Courts, and the Department of Kentucky State Police shall be responsible for the recording of those data elements that are needed for the development of the centralized criminal history record information system. (3) The database shall at a minimum contain the information required in KRS 27A.310 to 27A.440. (4) The Cabinet for Health and Family Services shall provide access to the Department of Kentucky State Police, the Department of Corrections, the Department of Juvenile Justice, and the Administrative Office of the Courts to its database. (5) The cabinet secretary and the secretary of the Justice and Public Safety Cabinet shall establish communications, policies, and procedures to enable designated cabinet staff of the Department for Community Based Services who are working on a protective services investigation or an ongoing protective services case to request a state criminal background check, and within a reasonable time frame, but no later than one (1) hour after receipt of a request, to have the state criminal background check sent to designated cabinet staff. Designated cabinet staff may request a state criminal background check at any time for a protective services investigation and may use the state criminal background check to assess staff safety concerns. (6) The Cabinet for Health and Family Services shall prioritize the safety needs of the front-line staff of the Department for Community Based Services and provide improvements in accordance with this section and KRS 194A.562, 194A.564, and 605.170. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 217, effective June 26, 2007; and ch. 140, sec. 2, effective April 5, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 153, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 606, sec. 18, effective July 15, 1998. Legislative Research Commission Note (6/26/2007). This section was amended by 2007 Ky. Acts chs. 85 and 140, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (6/26/2007). The numbering of subsections in this section has been altered from the numbering of 2007 Ky. Acts ch. 140, sec. 2, by the Reviser of Statutes under the authority of KRS 7.136. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 194A.070 Utilizing community resources for delivery of services

194A.070. Utilizing community resources for delivery of services The cabinet is authorized to utilize and promote available or potential community resources for the delivery of services and shall, when it deems appropriate, contract for services with local, community, and private agencies when services would not otherwise be available without cost. The cabinet and local, community, and private agencies operating on contract with the cabinet may charge for services rendered when this would be in accordance with applicable state law. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 8, effective July 15, 1998.

KRS 194A.080 Cost-allocation plan

194A.080. Cost-allocation plan The secretary shall arrange for the development of a cost allocation plan by the cabinet. The cost allocation shall be developed in accordance with generally recognized accounting practices and shall make provisions for the distribution of operational and administrative costs of all organizational units of the cabinet to all programs operated by the cabinet that receive services or are otherwise benefited by the operations of those organizational units. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 9, effective July 15, 1998.

KRS 194A.085 Repealed, 2012.Catchline at repeal: Governor's Office of Wellness and Physical Activity -- Duties, rights, and responsibilities

KRS 194A.090 Repealed, 2018

194A.090. Repealed, 2018 Catchline at repeal: Citizen advisory bodies -- Public Health Services Advisory Council -- Institute for Aging. History: Repealed 2018 Ky. Acts ch. 112, sec. 19, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 80, sec. 18, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 27, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 6, sec. 7, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 10, effective July 15, 1998.

KRS 194A.092 Repealed, 2012.Catchline at repeal: Division of Child Abuse and Domestic Violence Services

KRS 194A.095 Division of Women's Health -- Receipt of gifts, grants, and bequests

194A.095. Division of Women's Health -- Receipt of gifts, grants, and bequests (1) There is created in the Cabinet for Health and Family Services a Division of Women's Health for the purpose of: (a) Serving as a repository for data and information affecting women's physical and mental health issues; (b) Analyzing and communicating trends in women's health issues and mental health; (c) Recommending to the Cabinet for Health and Family Services data elements affecting women's physical and mental health. The division shall advise and direct which data elements should be collected, analyzed, and reported in a timely manner under KRS 216.2920 to 216.2929; (d) Cooperating and collaborating with the Cabinet for Health and Family Services in receiving and disseminating through all forms of media including the Internet relevant aggregate data findings under KRS 216.2920 to 216.2929 which affect women; and (e) Planning, developing, and administering a Women's Health Resource Center within the Cabinet for Health and Family Services to focus on targeted preventive care and comprehensive health education. (2) The division may accept gifts, grants, and bequests in support of its mission and duties specified in subsection (1) of this section. All money received shall be administered by the cabinet, which shall administer these funds through appropriate trust and agency accounts. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 80, sec. 29, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 158, sec. 15, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 154, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 238, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 74, sec. 1, effective June 21, 2001. -- Created 1998 Ky. Acts ch. 427, sec. 11, effective July 15, 1998.

KRS 194A.097 Division of Family Resource and Youth Services Centers -- Administrative regulations

194A.097. Division of Family Resource and Youth Services Centers -- Administrative regulations The Division of Family Resource and Youth Services Centers shall promulgate administrative regulations to: (1) Implement requirements for applications for continuation funding of a family resource or youth services center; and (2) Establish a continuing education program for coordinators and staff. Effective: July 15, 2008 History: Created 2008 Ky. Acts ch. 120, sec. 4, effective July 15, 2008.

KRS 194A.099 Division of Health Benefit Exchange within Office of Data Analytics to administer the Patient Protection and Affordable Care Act of 2010 -- Powers and duties -- Administrative regulations -- Office of Data Analytics not to establish procedures and rules that conflict with the Patient Protection and Affordable Care Act

194A.099. Division of Health Benefit Exchange within Office of Data Analytics to administer the Patient Protection and Affordable Care Act of 2010 -- Powers and duties -- Administrative regulations -- Office of Data Analytics not to establish procedures and rules that conflict with the Patient Protection and Affordable Care Act Except as provided in KRS 304.17A-099: (1) The Division of Health Benefit Exchange within the Office of Data Analytics shall administer the provisions of the Patient Pr otection and Affordable Care Act of 2010, Pub. L. No. 111-148; (2) The Division of Health Benefit Exchange shall: (a) Facilitate enrollment in health coverage and the purchase and sale of qualified health plans in the individual market; (b) Facilitate the ability of eligible individuals to receive premium tax credits and cost-sharing reductions and enable eligible small businesses to receive tax credits, in compliance with all applicable federal and state laws and regulations; (c) Oversee the consumer assis tance programs of navigators, in -person assisters, certified application counselors, and insurance agents as appropriate; (d) At a minimum, carry out the functions and responsibilities required pursuant to 42 U.S.C. sec. 18031 to implement and comply with federal regulations in accordance with 42 U.S.C. sec. 18041; (e) Regularly consult with stakeholders in accordance with 45 C.F.R. sec. 155.130; and (f) Comply with KRS 304.17-182; and (3) The Office of Data Analytics: (a) May enter into contracts and other agreements with appropriate entities, including but not limited to federal, state, and local agencies, as permitted under 45 C.F.R. sec. 155.110, to the extent necessary to carry out the duties and responsibilities of the office if the agreements incorporate adequate protections with respect to the confidentiality of any information to be shared; (b) Shall pursue all available federal funding for the further development and operation of the Division of Health Benefit Excha nge; (c) Shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section; and (d) Shall not establish procedures and rules that conflict with or prevent the application of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148. Effective: January 1, 2025 History: Amended 2024 Ky. Acts ch. 120, sec. 3, effective April 9, 2024; and ch. 207, sec. 8, effective January 1, 2025. -- Created 2019 Ky. Acts ch. 90, sec. 3, effective June 27, 2019. Legislative Research Commission Note (1/1/2025). This statute was amended by 2024 Ky. Acts chs. 120 and 207, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (1/1/2025). 2024 Ky. Acts ch. 207, sec. 16, provides that the amendments to this statute in that Act shall apply to plans issued or renewed on or after January 1, 2025.

KRS 194A.101 Office of Data Analytics created in the Office of the Secretary -- Duties and responsibilities -- Review of data requests -- Administrative regulations

194A.101. Office of Data Analytics created in the Office of the Secretary -- Duties and responsibilities -- Review of data requests -- Administrative regulations (1) The Office of Data Analytics is hereby created in the Office of the Secretary. The office shall provide oversight and strategic direction and be responsible for coordinating the data analysis initiatives for the various departments that regulate health care and social services to ensure that policy is consistent with the long-term goals across the Commonwealth. (2) The office shall have the authority to review all data requests received by the cabinet from the public, review the requests for content to determine the cabinet's response, and approve the release of the requested information. The office shall review data analyses conducted by the departments within the cabinet to ensure the consistency, quality, and validity of the analysis prior to its use in operational and policy decisions. The office shall facilitate the process of data integration by initiating and maintaining data-sharing agreements in order to improve inter-agency and cross-cabinet collaboration. (3) The Office of Data Analytics shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 51, sec. 7, effective July 14, 2022. -- Created 2019 Ky. Acts ch. 90, sec. 4, effective June 27, 2019.

KRS 194A.103 Division of Kentucky Health Information Exchange created in the Office of Inspector General -- Division to provide leadership in the redesign of the health care delivery system -- Administrative regulations

194A.103. Division of Kentucky Health Information Exchange created in the Office of Inspector General -- Division to provide leadership in the redesign of the health care delivery system -- Administrative regulations (1) The Division of Kentucky Health Information Exchange is hereby created in the Office of Inspector General. The division shall provide leadership in the redesign of the health care delivery system using electronic information technology as a means to improve patient care and reduce medical errors and duplicative services. (2) The Office of Inspector General shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement the provisions of this section. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 51, sec. 8, effective July 14, 2022. -- Created 2019 Ky. Acts ch. 90, sec. 5, effective June 27, 2019.

KRS 194A.105 Division of Telehealth Services created in the Office of Inspector General -- Duties and responsibilities concerning delivery of care using telehealth

194A.105. Division of Telehealth Services created in the Office of Inspector General -- Duties and responsibilities concerning delivery of care using telehealth There is hereby created a Division of Telehealth Services within the Office of Inspector General to be headed by a director appointed by the secretary pursuant to KRS 12.050. The division shall: (1) Provide guidance and direction to healthcare providers delivering care using telehealth; (2) Develop guidance, resources, and education to help promote access to healthcare services in the Commonwealth; (3) Assist the Cabinet for Health and Family Services with the implementation of KRS 211.334; and (4) Provide the Department for Medicaid Services with any additional information deemed relevant by the division for inclusion in the report required by KRS 211.334(3). Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 51, sec. 9, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 67, sec. 5, effective June 29, 2021. -- Created 2020 Ky. Acts ch. 9, sec. 3, effective July 15, 2020.

KRS 194A.110 Advisory Council for Medical Assistance attached for administrative and support purposes

194A.110. Advisory Council for Medical Assistance attached for administrative and support purposes The Advisory Council for Medical Assistance, established by KRS 205.540, and its associated bodies are attached to the Department for Medicaid Services for administrative and support purposes. The Advisory Council for Medical Assistance shall advise the secretary for health and family services and the commissioner for Medicaid services on the administration and operation of the Medical Assistance Program. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 155, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 11, effective July 15, 1998.

KRS 194A.112 Cabinet to report anticipated implementation barriers to Legislative Research Commission

194A.112. Cabinet to report anticipated implementation barriers to Legislative Research Commission (1) If the Cabinet for Health and Family Services believes there to be any barrier to implementing a Medicaid-related bill or resolution under consideration by the General Assembly, the cabinet shall notify the Legislative Research Commission in writing of any anticipated implementation barriers within seven (7) calendar days following a standing committee's report that the bill or resolution should pass. (2) When the Legislative Research Commission receives written notification from the Cabinet for Health and Family Services as required by subsection (1) of this section, the written notification shall be referred to the sponsor of the bill or resolution, the committee that considered the bill or resolution, and the corresponding standing committee in the other chamber of the General Assembly. Effective: March 27, 2025 History: Created 2025 Ky. Acts ch. 110, sec. 11, effective March 27, 2025.

KRS 194A.115 Statewide Independent Living Council

194A.115. Statewide Independent Living Council (1) The Statewide Independent Living Council is hereby created and attached to the Cabinet for Health and Family Services in accordance with 42 U.S.C. sec. 3515e for administrative purposes to accomplish the purposes enumerated in 29 U.S.C. sec. 796d (Title VII, Part A, Section 705 of the Rehabilitation Act Amendments of 1998). Members of the council shall be appointed by the Governor from recommendations submitted by the Department for Aging and Independent Living consistent with the federal mandate to include a majority of individuals with disabilities representing geographical and disability diversity, as well as representatives from identified service providers and other entities. The composition, qualifications, and terms of service of the council shall conform to the federal law. (2) (a) Except as provided in paragraph (b) of this subsection, any vacancy occurring in the membership of the Statewide Independent Living Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members of the council. (b) The Governor may delegate the authority to fill a vacancy to the remaining voting members of the council. (3) Each member of the Statewide Independent Living Council may receive a per diem of one hundred dollars ($100), not to exceed six hundred dollars ($600) annually, for each regular or special meeting attended if the member is not employed or must forfeit wages from other employment. Each member may have travel expenses approved at the established state rate and expenses reimbursed at the established state agency rate for services such as personal assistance, child care, and drivers for attendance at council meetings, and in the performance of duties authorized by the Statewide Independent Living Council. The per diem and expenses shall be paid out of the federal funds appropriated under 29 U.S.C. ch. 16. Effective: July 12, 2016 History: Repealed, reenacted, renumbered, and amended 2016 Ky. Acts ch. 32, sec. 2, effective July 12, 2016. -- Amended 2006 Ky. Acts ch. 211, sec. 50, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 211, sec. 1, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 469, sec. 3, effective July 15, 1994. Formerly codified as KRS 151B.240.

KRS 194A.120 State Interagency Council for Services and Support to Children and Transition-Age Youth attached to cabinet with authority to issue administrative regulations

194A.120. State Interagency Council for Services and Support to Children and Transition-Age Youth attached to cabinet with authority to issue administrative regulations The State Interagency Council for Services and Support to Children and Transition-Age Youth shall be the only statutory body attached to the cabinet that shall have the authority to issue administrative regulations. No other corporate body or instrumentality of the Commonwealth, advisory committee, interstate compact, or other statutory body, presently attached to the cabinet, shall issue administrative regulations but shall operate only in an advisory capacity. Effective: July 1, 2024 History: Amended 2023 Ky. Acts ch. 124, sec. 7, effective July 1, 2024. -- Amended 2018 Ky. Acts ch. 120, sec. 8, effective July 14, 2018. -- Created 1998 Ky. Acts ch. 426, sec. 12, effective July 15, 1998. Legislative Research Commission Note (7/14/2018). Under the authority of KRS 7.136(2), one or more references to the "Commission for Children with Special Health Care Needs" in this statute have been changed in codification to the "Office for Children with Special Health Care Needs" to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114. Legislative Research Commission Note (7/15/14). In 2014 Ky. Acts ch. 132, sec. 18, the State Interagency Council for Services to Children with an Emotional Disability was renamed the State Interagency Council for Services to Children. Under the authority if KRS 7.136(2), the Reviser of Statutes has corrected the reference to that council that appears in this statute.

KRS 194A.125 Repealed, 2019

194A.125. Repealed, 2019 Catchline at repeal: Telehealth Board -- Members -- Chair -- Scope of administrative regulations -- Board to make recommendations following consultation with Governor's office -- Universities of Kentucky and Louisville to report to General Assembly -- Receipt and dispensing of funds. History: Repealed 2018 Ky. Acts ch. 187, sec. 10, effective July 1, 2019. -- Amended 2012 Ky. Acts ch. 158, sec. 16, effective July 12, 2012. -- Repealed, reenacted, and amended 2007 Ky. Acts ch. 24, sec. 25, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 143, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 37, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 47, sec. 1, effective June 21, 2001; and ch. 57, sec. 1, effective June 21, 2001. -- Created 2000 Ky. Acts ch. 376, sec. 2, effective July 14, 2000. Formerly codified as KRS 11.550.

KRS 194A.130 Limitation on administrative processes

194A.130. Limitation on administrative processes No corporate body or instrumentality of the Commonwealth, advisory committee, interstate compact, or other statutory body, attached to or within the cabinet, shall expend funds, hire employees, issue grants, or otherwise engage in the normal administrative process of the cabinet. All of these bodies shall be provided administrative and support services by the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 13, effective July 15, 1998.

KRS 194A.135 Renumbered as KRS 41.410

KRS 194A.140 Repealed, 2020

194A.140. Repealed, 2020 Catchline at repeal: Special subcommittees of the Public Health Services Advisory Council or of the Institute for Aging. History: Repealed 2020 Ky. Acts ch. 36, sec. 44, effective July 15, 2020. -- Amended 2000 Ky. Acts ch. 6, sec. 9, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 15, effective July 15, 1998.

KRS 194A.145 Repealed, 2020

194A.145. Repealed, 2020 Catchline at repeal: Legislative findings and declarations. History: Repealed 2020 Ky. Acts ch. 36, sec. 44, effective July 15, 2020. -- Repealed, reenacted, and amended 2005 Ky. Acts ch. 99, sec. 31, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 395, sec. 1, effective July 15, 1998. Formerly codified as KRS 194B.100.

KRS 194A.146 Repealed, 2020

194A.146. Repealed, 2020 Catchline at repeal: Statewide Strategic Planning Committee for Children in Placement - - Membership -- Plans -- Review -- Information Systems -- Study of changes in child welfare delivery -- Annual report. History: Repealed 2020 Ky. Acts ch. 36, sec. 44, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 159, sec. 50, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 23, effective July 12, 2012; and ch. 158, sec. 18, effective July 12, 2012. -- Repealed, reenacted and amended 2005 Ky. Acts ch. 99, sec. 32, effective June 20, 2005; and amended 2005 Ky. Acts ch. 85, sec. 617, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 14, effective July 14, 2000; ch. 506, sec. 24, effective July 14, 2000; and ch. 536, sec. 24, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 395, sec. 2, effective July 15, 1998. Formerly codified as KRS 194B.102

KRS 194A.150 State officials as voting members of citizens' councils

194A.150. State officials as voting members of citizens' councils When federal programs require a particular citizens' council within or attached to the cabinet to include state officials as voting members, the secretary shall, for the specific purposes of those federal programs, be authorized to vote in those council meetings and shall further be authorized to call upon either the secretary of the Cabinet for Health and Family Services, the secretary of the Finance and Administration Cabinet, the chief state school officer, the secretary of the Justice and Public Safety Cabinet, the secretary of the Public Protection Cabinet, the secretary of the Energy and Environment Cabinet, the secretary of the Education and Labor Cabinet, the secretary of the Cabinet for Economic Development, the executive director of the Council on Higher Education, or any combination of the above as may be appropriate, to be voting members of expanded citizens' councils for the purposes of these federal programs. The secretary shall exercise this prerogative only when the federal programs specifically require that state officials be voting members of the citizens' councils. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 94, effective July 1, 2022. -- Amended 2010 Ky. Acts ch. 24, sec. 241, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 219, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 157, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 16, effective July 15, 1998.

KRS 194A.160 Alternates or representatives for boards, commissions, and similar bodies

194A.160. Alternates or representatives for boards, commissions, and similar bodies The secretary and other state officials with the approval of the secretary may designate alternatives or representatives to serve in their capacity as members of all boards, commissions, councils, institutes, and other similar bodies within or attached to the cabinet. The secretary or the secretary's designee shall be an ex officio member of all boards, committees, councils, institutes, and other similar bodies within or attached to the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 17, effective July 15, 1998.

KRS 194A.170 Secretary's authority to create special task forces, advisory committees, and other citizens' panels

194A.170. Secretary's authority to create special task forces, advisory committees, and other citizens' panels The secretary is authorized to create special task forces, technical advisory committees, and other citizens' panels as may be necessary to support the operations of the cabinet. No other officials of the cabinet shall be authorized to create citizens' panels associated with the cabinet, its programs, or suborganizational units, and the secretary shall not delegate this authority. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 18, effective July 15, 1998.

KRS 194A.180 Administrative regulations and decisions of various bodies transferred to Advisory Council for Medical Assistance

194A.180. Administrative regulations and decisions of various bodies transferred to Advisory Council for Medical Assistance All administrative regulations, acts, determinations, and decisions of and by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies, transferred in whole or in part to the Advisory Council for Medical Assistance, shall remain in effect as the administrative regulations, acts, determinations, and decisions of the cabinet unless duly modified or repealed by the secretary. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 8, effective July 15, 2020. -- Created 1998 Ky. Acts ch. 426, sec. 19, effective July 15, 1998.

KRS 194A.182 Continued viability of administrative regulations and decisions of predecessor bodies of the Institute for Aging

194A.182. Continued viability of administrative regulations and decisions of predecessor bodies of the Institute for Aging All administrative regulations, acts, determinations, and decisions of or by the corporate bodies or instrumentalities of the Commonwealth, advisory committees, interstate compacts, or other statutory bodies transferred in whole or in part to the Institute for Aging shall remain in effect as administrative regulations, acts, determinations, and decisions of the cabinet unless duly modified or repealed by the secretary. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 6, sec. 8, effective July 14, 2000.

KRS 194A.190 Gifts and grants to the Advisory Council for Medical Assistance

194A.190. Gifts and grants to the Advisory Council for Medical Assistance The Advisory Council for Medical Assistance shall be empowered to accept gifts and grants, but all of these moneys shall be administered by the cabinet, which shall administer these funds through appropriate trust and agency accounts. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 9, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 80, sec. 19, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 28, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 6, sec. 10, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 20, effective July 15, 1998.

KRS 194A.200 Repealed, 2020

194A.200. Repealed, 2020 Catchline at repeal: Compensation and expenses of members of the Public Health Services Advisory Council and the Institute for Aging -- Members of citizens' councils not public officers. History: Repealed 2020 Ky. Acts ch. 36, sec. 44, effective July 15, 2020. -- Amended 2017 Ky. Acts ch. 80, sec. 20, effective June 29, 2017. -- Amended 2005 Ky. Acts ch. 99, sec. 29, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 6, sec. 11, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 21, effective July 15, 1998.

KRS 194A.350 Liability insurance for physicians, hospital administrators, and directors employed by cabinet

194A.350. Liability insurance for physicians, hospital administrators, and directors employed by cabinet (1) The secretary of the cabinet is authorized to purchase liability insurance for the protection of physicians, hospital administrators, and directors employed by the cabinet to protect them from liability for acts, omissions, and claims of medical malpractice arising in the course and scope of their employment of service to the cabinet. (2) The secretary may purchase the type and amount of liability coverage deemed appropriate to best serve the cabinet's interest. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 22, effective July 15, 1998.

KRS 194A.360 Update of database

194A.360. Update of database The Cabinet for Health and Family Services shall update its database within thirty (30) days of receipt of information. The update shall include information from the: (1) Offender records; (2) Institutional records; and (3) Administrative records. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 158, effective June 20, 2005. -- Repealed, amended, reenacted, and renumbered 2002 Ky. Acts ch. 257, sec. 18, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 606, sec. 9, effective July 15, 1998. Formerly codified as: KRS 15A.314

KRS 194A.365 Annual report on committed children -- Contents

194A.365. Annual report on committed children -- Contents The cabinet shall make an annual report to the Governor, the Legislative Research Commission, and the Chief Justice. The report shall be tendered not later than December 1 of each year and shall include information for the previous fiscal year. The report shall include, but not be limited to, the following information: (1) The number of children under an order of dependent, status, public, or voluntary commitment to the cabinet, according to: permanency planning goals, current placement, average number of placements, type of commitment, and the average length of time children remain committed to the cabinet; (2) The number of children in the custody of the cabinet in the following types of residential placements, the average length of stay in these placement s, and the average number of placements experienced by these children: family foster homes, private child care facilities, and placement with biological parent or person exercising custodial control or supervision; (3) The number of children in the custody of the cabinet eligible for adoption, the number placed in an adoptive home, and the number ineligible for adoption and the reasons therefor; (4) The cost in federal and state general funds to care for the children defined in subsections (1) and (2) of this section, including the average cost per child for each type of placement, direct social worker services, operating expenses, training, and administrative costs; and (5) Any other matters relating to the care of foster children that the cabinet deems appropriate and that may promote further understanding of the impediments to providing permanent homes for foster children. Effective: January 1, 2023 History: Amended 2022 Ky. Acts ch. 211, sec. 23, effective January 1, 2023; and ch. 223, sec. 7, effective January 1, 2023. -- Amended 2018 Ky. Acts ch. 159, sec. 51, effective July 14, 2018. -- Repealed and reenacted 2005 Ky. Acts ch. 99, sec. 33, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 47, effective July 15, 1998. Formerly codified as KRS 194B.360. Legislative Research Commission Note (1/1/2023). This statute was amended by 2022 Ky. Acts chs. 211 and 223, which are identical and have been codified together. Legislative Research Commission Note (6/20/2005). KRS 194B.360 was repealed and reenacted as a new section of KRS Chapter 194A by 2005 Ky. Acts ch. 99, sec. 33, and repealed by 2005 Ky. Acts ch. 99, sec. 674, and has been codified as this section of KRS Chapter 194A.

KRS 194A.370 Professional development for staff on child development and abuse

194A.370. Professional development for staff on child development and abuse The Cabinet for Health and Family Services shall provide professional development for staff employed by the cabinet or by local public agencies in child development, the dynamics of physical and sexual abuse, the impact of violence on child development, the treatment of offenders, and related issues. Each staff person who is employed by the cabinet or by a local public agency and who works with children or with families shall successfully complete the professional development program in order to remain assigned to child or family programs. The cabinet shall specify the manner of professional development and related matters by administrative regulation. Effective: June 20, 2005 History: Repealed, reenacted, and amended 2005 Ky. Acts ch. 99, sec. 34, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 48, effective July 15, 1998. Formerly codified as KRS 194B.370.

KRS 194A.380 Definitions for KRS 194A.380 to 194A.383

194A.380. Definitions for KRS 194A.380 to 194A.383 As used in KRS 194A.380 to 194A.383: (1) "Criminal offense against a minor" means a conviction or a plea of guilty to any of the following offenses if the victim is under the age of eighteen (18) at the time of the commission of the offense: (a) Kidnapping, as in KRS 509.040, except by a parent; (b) Unlawful imprisonment, as in KRS 509.020, except by a parent; (c) Sexual misconduct as in KRS 510.140; (d) Use of a minor in a sexual performance, as in KRS 531.310; (e) Promoting a sexual performance of a minor, as in KRS 531.320; (f) Possession or viewing matter portraying a sexual performance by a minor, as in KRS 531.335; (g) Distribution of matter portraying a sexual performance by a minor, as in KRS 531.340; (h) Promoting the sale of material portraying a sexual performance by a minor, as in KRS 531.350; (i) Advertising material portraying a sexual performance by a minor, as in KRS 531.360; (j) Using minors to distribute material portraying a sexual performance by a minor, as in KRS 531.370; (k) Human trafficking involving commercial sexual activity, as in KRS 529.100; (l) Promoting prostitution, as in KRS 529.040, when the defendant advances or profits from the prostitution of a person under the age of eighteen (18); (m) Unlawful transaction with a minor in the first degree, as in KRS 530.064(1)(a); (n) Any attempt to commit any of the offenses described in paragraphs (a) to (m) of this subsection; or (o) Solicitation to commit any of the offenses described in paragraphs (a) to (m) of this subsection; (2) "Local government" means a city, county, consolidated local government, urban- county government, unified local government, or charter county government; (3) "Local government youth day camp" means a camp operated by a local government for all or part of a day, whether free or for a fee, for five (5) or more children under eighteen (18) years of age outside the presence of their parent or guardian for recreational or educational purposes for four (4) or more consecutive hours per day during school vacation periods, school breaks, or school cancellations; (4) "Sex crime" means a conviction or a plea of guilty to any of the following offenses: (a) Rape in the first degree as in KRS 510.040; (b) Rape in the second degree as in KRS 510.050; (c) Rape in the third degree as in KRS 510.060; (d) Sodomy in the first degree as in KRS 510.070; (e) Sodomy in the second degree as in KRS 510.080; (f) Sodomy in the third degree as in KRS 510.090; (g) Sodomy in the fourth degree as in KRS 510.100; (h) Sexual abuse in the first degree as in KRS 510.110; (i) Sexual abuse in the second degree as in KRS 510.120; (j) Sexual abuse in the third degree as in KRS 510.130; (k) Indecent exposure in the first degree as in KRS 510.148; (l) Indecent exposure in the second degree as in KRS 510.150; (m) Unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities as in KRS 510.155; or (n) Incest as in KRS 530.020; (5) "Staff member" means: (a) An individual who is employed by a youth camp or camp or a local government youth day camp for compensation; (b) A contract employee or a self-employed individual whose employment directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp; or (c) A volunteer or intern whose activities on behalf of a youth camp or camp or a local government youth day camp directly involves the care or supervision of children or unsupervised access to children placed with a youth camp or camp or a local government youth day camp; (6) "Violent offender" means any person who has been convicted of or who has entered a plea of guilty to the commission of a capital offense, Class A felony, Class B felony involving the death of the victim or serious physical injury to the victim, or rape in the first degree, or sodomy in the first degree; and (7) "Youth camp" or "camp" means: (a) Any camp required pursuant to KRS 211.180 to obtain a permit to operate; and (b) Any program offered, whether free or for a fee, for recreational, educational, sports training, or vacation purposes to children under eighteen (18) years of age that a child attends outside the presence of his or her parent or legal guardian. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 90, sec. 1, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 115, sec. 4, effective July 1, 2018.

KRS 194A.381 Nonapplicability of KRS 194A.380 to 194A.383 to specified circumstances

194A.381. Nonapplicability of KRS 194A.380 to 194A.383 to specified circumstances KRS 194A.380 to 194A.383 shall not apply to: (1) Public school districts or programs sponsored by the school district; (2) Private schools; (3) Child-care centers, child-caring and child-placing agencies; family child-care homes; and foster care, relative caregiver services or adoptive homes otherwise governed by KRS Chapter 199; or (4) Babysitting or child-care arrangements made by a child's parent or guardian and occurring within a private home. Effective: July 1, 2018 History: Created 2017 Ky. Acts ch. 115, sec. 5, effective July 1, 2018.

KRS 194A.382 Prohibition of employment by youth camp or local government youth day camp receiving public funds of a staff member who has been convicted of criminal offense against a minor or a sex crime, is a violent offender, or has been found to have abused or neglected a child

194A.382. Prohibition of employment by youth camp or local government youth day camp receiving public funds of a staff member who has been convicted of criminal offense against a minor or a sex crime, is a violent offender, or has been found to have abused or neglected a child (1) A youth camp or camp or a local government youth day camp that receives public funds shall not employ, contract, or utilize as a volunteer, in any position, any staff member who has been convicted of or who has entered a plea of guilty to a criminal offense against a minor or a sex crime, who is a violent offender, or who has been found by the Cabinet for Health and Family Services or a court to have abused or neglected a child. (2) Prior to employing, contracting with, or allowing volunteer work, each youth camp or camp or a local government youth day camp that receives public funds shall obtain from the Justice and Public Safety Cabinet a national and state criminal background check of the applicant, contractor, or volunteer who is or intends to become a staff member prior to the individual's presence at the camp or involvement in any program of the camp. (3) Prior to employing, contracting with, or allowing volunteer work, each youth camp or camp or a local government youth day camp that receives public funds shall require an applicant to obtain a letter from the Cabinet for Health and Family Services stating the individual is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services of the applicant, contractor, or volunteer who intends to become a staff member prior to the individual's presence at the camp or involvement in any program of the camp. (4) Each application form provided by a youth camp or camp or a local government youth day camp that receives public funds to an applicant or volunteer who intends to become a staff member shall in a prominent place and legible font conspicuously state the following: "STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL BACKGROUND CHECK AND A LETTER FROM THE CABINET FOR HEALTH AND FAMILY SERVICES STATING THE STAFF MEMBER IS CLEAR TO HIRE BASED ON NO FINDINGS OF SUBSTANTIATED CHILD ABUSE OR NEGLECT FOUND THROUGH A BACKGROUND CHECK OF CHILD ABUSE AND NEGLECT RECORDS AS A CONDITION OF EMPLOYMENT OR INVOLVEMENT IN THIS PROGRAM." (5) Any request for records under this section shall be on a form approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request. (6) This section shall apply to all applicants and volunteers in a position which involves supervisory or disciplinary power over a minor, who intend to become staff members. (7) This section shall not be construed to prohibit an exempted organization from requiring its employees, contractors, or volunteers to submit to a background check. A youth camp or camp or a local government youth day camp that does not receive public funds may require its employees, contractor, or volunteers to submit to a criminal background check and to have a letter, provided by the individual, from the Cabinet for Health and Family Services stating the individual has no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services. (8) This section shall not be construed to require a youth camp or camp or a local government youth day camp that receives public funds to employ, contract with, or allow volunteering by, an individual solely on the basis of an acceptable criminal background check. (9) This section shall not limit the ability of a youth camp or camp or a local government youth day camp that receives public funds to establish a more stringent background check process for its employees, contractors, or volunteers regarding other criminal offenses which, in the discretion of the youth camp or camp or a local government youth day camp that receives public funds, would disqualify the individual from involvement with the youth camp or camp or a local government youth day camp. (10) The form for requesting a letter, required by this section, stating a staff member is clear to hire based on a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services shall be made available on the Cabinet for Health and Family Services Web site. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 90, sec. 2, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 115, sec. 6, effective July 1, 2018.

KRS 194A.383 Penalty for violation of KRS 194A.382

194A.383. Penalty for violation of KRS 194A.382 (1) Failure to comply with KRS 194A.382 will result in immediate suspension of the entity's permit until compliance is obtained. (2) If any employee, contractor, or volunteer who is a staff member is discovered to be a violent offender or has been convicted of a sex crime or a criminal offense against a minor, or has been found by the Cabinet for Health and Family Services to have abused or neglected a child, and if he or she has waived the right to appeal a substantiated finding of child abuse or neglect or if the substantiated incident was upheld upon appeal, he or she shall be immediately terminated from participation with the program and removed from the property. (3) Any person who owns or operates a youth camp or camp or a local government youth day camp that receives public funds and who knowingly allows an individual who is a staff member to serve or continue to serve as an employee, contractor, or volunteer despite a conviction or offense specified in this section shall be guilty of a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 90, sec. 3, effective June 29, 2021. -- Created 2017 Ky. Acts ch. 115, sec. 7, effective July 1, 2018.

KRS 194A.385 Definitions for KRS 194A.385 and 194A.387

194A.385. Definitions for KRS 194A.385 and 194A.387 As used in this section and KRS 194A.387: (1) "Community crisis response team" means the statewide team of trained volunteers who provide behavioral health-related crisis response services in accordance with protocols and procedures established by the department; (2) "Crisis response services" means consultation, risk assessment, referral, and on-site crisis intervention services provided to persons with behavioral health needs resulting from a crisis or disaster. "Crisis response services" shall not be construed to include any services performed or intended to be performed by any other agency of the Commonwealth, any of its subdivisions, or any private party included under KRS Chapter 39A, 39B, or 224; (3) "Department" means the Department for Behavioral Health, Developmental and Intellectual Disabilities; and (4) "Local community crisis response team" means a team of trained volunteers who provide behavioral health-related crisis response services in a county, district, or region in accordance with protocols and procedures established by the department. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 58, sec. 1, effective June 29, 2023.

KRS 194A.387 Behavioral health-related community crisis and disaster response -- Responsibilities of Department for Behavioral Health, Developmental and Intellectual Disabilities

194A.387. Behavioral health-related community crisis and disaster response -- Responsibilities of Department for Behavioral Health, Developmental and Intellectual Disabilities (1) The department shall coordinate behavioral health -related community crisis and disaster response. The department shall have primary responsibility and authority for planning and executing behavioral health -related community crisis response and behavioral health-related disaster response. (2) The department shall: (a) Develop, update, and maintain a statewide community crisis response support plan for providing crisis response services; (b) Serve as the primary state agency for the core functional area of mental health and substance abuse care under Emergency Support Function #8, Public Health and Medical Services; (c) Annually review the behavioral health portion of the Kentucky Emergency Operations Plan and make recommendations for updates to the plan; (d) Participate in state-level planning workgroups to address the provisio n of crisis response services; (e) Establish and maintain memoranda of understanding and master agreements with local partners to provide crisis response services following a disaster or critical incident; (f) Develop, administer, and maintain a statewide system of registration and credentialing of community crisis response volunteers to provide crisis response services; (g) Actively recruit volunteers to serve on the community crisis response team and the local community crisis response teams, ensuring rep resentation from a diversity of first responders and behavioral health provider peer groups; (h) Develop, administer, and maintain a statewide network of registered, credentialed, and regional response-ready volunteers to provide crisis response services following a disaster or critical incidents in the Commonwealth; (i) Participate in local and statewide all -hazards and terrorism disaster exercises focusing on meeting behavioral health needs of those affected; (j) Create and execute all-hazards and terrorism disaster exercises for volunteers for the community crisis response team and local community crisis response teams focusing on meeting behavioral health needs of those affected; (k) Apply for and administer Federal Emergency Management Agency crisis counseling grants following a Presidential declaration, in collaborati on with local and regional behavioral health providers; and (l) Apply for and administer community crisis response and disaster specific behavioral health grants from: 1. The federal government; 2. Private foundations; and 3. Other sources that may be available for programs related to supporting survivors of crisis events or community disasters. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 58, sec. 2, effective June 29, 2023.

KRS 194A.400 Definitions for KRS 194A.400 and 194A.410

194A.400. Definitions for KRS 194A.400 and 194A.410 As used in this section and KRS 194A.410: (1) "Bioterrorism" means the intentional use, to cause or attempt to cause death, disease, or other biological malfunction in any living organism, of any of the following: (a) Microorganism; (b) Virus; (c) Infectious substance; or (d) Biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product; (2) "Commissioner" means the commissioner of the Department for Public Health within the Cabinet for Health and Family Services; (3) "Department" means the Department for Public Health within the Cabinet for Health and Family Services; (4) "Disaster location" means any geographical location where a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency occurs; and (5) "Emergency responder" means state or local law enforcement personnel, fire department personnel, corrections officers, and emergency medical personnel who may be deployed to a bioterrorism attack, terrorist attack, catastrophic event, natural disaster, or emergency. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 159, effective June 20, 2005. -- Created 2003 Ky. Acts ch. 69, sec. 3, effective March 18, 2003.

KRS 194A.410 Vaccination program for emergency responders

194A.410. Vaccination program for emergency responders (1) The department shall offer a vaccination program for emergency responders who may be exposed to infectious diseases when deployed to a disaster location. The program shall include, but not be limited to, vaccinations for hepatitis A, hepatitis B, diphtheria-tetanus, influenza, pneumococcal, and any other diseases for which vaccinations are recommended by the United States Public Health Service and in accordance with Federal Emergency Management Director's Policy. Immune globulin shall be made available when necessary. (2) (a) Participation in the vaccination program shall be voluntary by emergency responders. (b) Participation in the vaccination program shall be mandatory for emergency responders who are: 1. Classified as having "occupational exposure" to bloodborne pathogens as defined by the United States Occupational Safety and Health Administration Standard in 29 C.F.R. sec. 1910.1030, who shall be required to take the designated vaccinations; and 2. Otherwise required by law to take the designated vaccinations. (3) An emergency responder shall be exempt from receiving a vaccination when a written statement from a licensed physician is presented to the department indicating that a vaccine is medically contraindicated for that person or the emergency responder signs a written statement that the administration of a vaccination conflicts with his or her religious tenets. (4) In the event of a vaccine shortage, the commissioner, in consultation with the Governor and the United States Centers for Disease Control and Prevention, shall use federal recommendations to determine the priority for emergency responders. (5) The department shall notify emergency responders of the availability of the vaccination program and shall provide educational materials to emergency responders on ways to prevent exposure to infectious diseases. (6) The department may contract with county and local health departments, not-for- profit home health care agencies, hospitals, physicians, or other licensed health care organizations to administer the vaccination program for emergency responders. (7) This program shall be implemented upon receipt of federal funding or grants for administering an emergency responders vaccination program. Upon receipt of funding, the department shall make vaccines available to emergency responders as provided in this section. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 69, sec. 4, effective June 24, 2003.

KRS 194A.450 Renumbered as 315.450, effective June 29, 2017

KRS 194A.452 Renumbered as 315.452, effective June 29, 2017

KRS 194A.454 Renumbered as 315.454, effective June 29, 2017

KRS 194A.456 Renumbered as 315.456, effective June 29, 2017

KRS 194A.458 Renumbered as 315.458, effective June 29, 2017

KRS 194A.500 Definitions for KRS 194A.505

194A.500. Definitions for KRS 194A.505 As used in KRS 194A.505: (1) "Assistance program" means any program administered by the cabinet; (2) "Benefit" means receipt of money, goods, or anything of pecuniary value from an assistance program; (3) "False statement or misrepresentation" means a statement or representation knowingly made by a person to be false; and (4) "Provider" means an individual, corporation, association, facility, or institution that is providing or has been approved to provide medical assistance to recipients under the Medical Assistance Program. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 23, effective July 15, 1998.

KRS 194A.505 Prohibited activities -- Commencement of proceedings for enforcement

194A.505. Prohibited activities -- Commencement of proceedings for enforcement (1) No person shall, with intent to defraud, knowingly make a false statement or misrepresentation or by other means fail to disclose a material fact used in determining the person's qualification to receive benefits under any assistance program. (2) No person shall, with intent to defraud, fail to report a change in the factors affecting the person's eligibility for benefits. (3) No person shall, with intent to defraud, knowingly use, attempt to use, acquire, transfer, forge, alter, traffic, counterfeit, or possess a medical identification card, food stamp or food stamp identification card, or unique electronic authorization codes or numbers or electronic personal identification numbers in any manner not authorized by law. (4) No person having responsibility for the administration of an assistance program shall, having knowledge that it is in violation of the law, knowingly aid or abet any person in obtaining benefits to which the person is not legally entitled, or in obtaining a benefit amount greater than that to which the person is fully entitled. (5) No person shall misappropriate or attempt to misappropriate a food stamp authorization-to-purchase card, food stamp identification card, or Medicaid identification card or misappropriate other benefits from any program with which the person has been assigned responsibility, nor shall the person knowingly fail to report any of these activities when it is clearly in violation of the law. (6) No person shall, with intent to defraud or deceive, devise a scheme or plan a scheme or artifice to obtain benefits from any assistance program by means of false or fraudulent representations or intentionally engage in conduct that advances the scheme or artifice. (7) No person shall aid and abet another individual in acts prohibited in subsections (1) to (6) of this section knowing it to be in violation of the law. (8) The Attorney General on behalf of the Commonwealth of Kentucky may commence proceedings to enforce this section, and the Attorney General shall in undertaking these proceedings exercise all powers and perform all duties that a prosecuting attorney would otherwise perform or exercise. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 30, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 24, effective July 15, 1998.

KRS 194A.510 Defense in prosecution

194A.510. Defense in prosecution In any prosecution for the violation of KRS 194A.505, it shall be a defense if the person relied on the advice of an employee or agent of the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 25, effective July 15, 1998.

KRS 194A.515 Access to criminal records by cabinet's agents

194A.515. Access to criminal records by cabinet's agents For the purpose of enforcing the provisions of KRS 194A.505 and KRS 205.8451 to 205.8483 and of investigating any assistance program administered by the cabinet, the designated agents of the cabinet shall have the same access as peace officers to records maintained under KRS 17.150. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 426, sec. 26, effective July 15, 1998.

KRS 194A.540 Cabinet's manner of addressing child abuse, child neglect, domestic violence, rape, and sexual assault -- Coordination, consultation, recommendations, and training

194A.540. Cabinet's manner of addressing child abuse, child neglect, domestic violence, rape, and sexual assault -- Coordination, consultation, recommendations, and training The cabinet shall address child abuse, child neglect, domestic violence, rape, and sexual assault in a manner that includes but is not limited to: (1) Providing coordinative functions so that no services funded or provided by state government agencies are duplicative to ensure the greatest efficiency in the use of resources and funding, and to ensure that a consistent philosophy underlies all efforts undertaken by the administration in initiatives related to child abuse, child neglect, domestic violence, and rape or sexual assault; (2) Providing training and consultation to programs provided or funded by the state which provide services to victims of child abuse, child neglect, domestic violence, rape or sexual assault, and other crimes; (3) Working in conjunction with staff from the Justice and Public Safety Cabinet and other staff within the Cabinet for Health and Family Services, and with input from direct service providers throughout Kentucky, to develop standards of care for victim and offender services provided or funded by the state; (4) Designing and implementing research programs which attend to the quality of victim-related services; (5) Providing consultation on the development of budgets for the rape crisis, child abuse, child neglect, and domestic violence programs funded by the state; (6) Providing recommendations to the Governor and to the secretaries of the Justice and Public Safety Cabinet and the Cabinet for Health and Family Services, related to the improvement and expansion of victim services provided or funded by those agencies; (7) Undertaking new and progressive initiatives to improve and enhance the delivery of services to victims of child abuse, child neglect, domestic violence, and rape or sexual assault; (8) Establishing that the commissioner of the Department for Community Based Services may, at the request of the Governor or any secretary, serve as a designee on boards, commissions, task forces, or other committees addressing child abuse, domestic violence, and rape or sexual assault; (9) Establishing that the secretary for health and family services shall, in consultation with the applicable licensure boards, develop elder abuse, neglect, and exploitation- related and domestic violence-related training courses that are appropriate for the following professions: (a) Mental health professionals licensed or certified under KRS Chapters 309, 319, and 335; (b) Alcohol and drug counselors licensed or certified under KRS Chapter 309, and alcohol and drug peer support specialists registered under KRS Chapter 309; (c) Physicians who practice primary care, as defined in KRS 164.925, or who meet the definition of a psychiatrist under KRS 202A.011, and who are licensed under KRS Chapter 311; (d) Nurses licensed under KRS Chapter 314; (e) Paramedics certified under KRS Chapter 311; (f) Emergency medical technicians certified under KRS Chapter 211; and (g) Coroners as defined in KRS 72.405 and medical examiners as defined in KRS 72.240; (10) Establishing that the courses identified in subsection (9) of this section shall include the dynamics of domestic violence and elder abuse, neglect, and exploitation; effects of domestic violence and elder abuse, neglect, and exploitation on adult and child victims; legal remedies for protection; lethality and risk issues; model protocols for addressing domestic violence and elder abuse, neglect, and exploitation; available community resources and victim services; and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence and elder abuse, neglect, and exploitation; and (11) Establishing that any health-care or mental health professional identified in subsection (9) of this section shall successfully complete a three (3) hour training course that meets the requirements of subsection (10) of this section. Health care or mental health professionals identified in subsection (9) of this section who are granted licensure or certification after July 15, 1996, shall successfully complete the training within three (3) years of the date of initial licensure or certification. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 29, sec. 17, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 158, sec. 19, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 160, effective June 20, 2005; and ch. 132, sec. 17, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 317, sec. 1, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 27, effective July 15, 1998.

KRS 194A.545 Training and continuing education courses for staff of Department for Community Based Services

194A.545. Training and continuing education courses for staff of Department for Community Based Services (1) The secretary for health and family services shall develop an initial training course and continuing education courses for employees of the Department for Community Based Services concerning the: (a) Dynamics of domestic violence and elder abuse, neglect, and exploitation; effects of domestic violence and elder abuse, neglect, and exploitation on adult and child victims; (b) Legal remedies for protection; (c) Lethality and risk issues; (d) Model protocols for addressing domestic violence; and (e) Available community resources and victim services; and (f) Reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence. (2) Each person employed by the Department for Community Based Services who provides supervisory or direct service at the local, district, or state level sh all successfully complete the initial training course and, at least once every two (2) years, the continuing education course developed under subsection (1) of this section. (3) The secretary is encouraged to include an educational component covering the recognition and prevention of: (a) Pediatric abusive head trauma, as defined in KRS 620.020; and (b) Pediatric ingestion or inhalation of controlled substances; as part of the initial training and continuing education for Department for Community Based Services front-line child protection staff. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 17, effective July 15, 2026. -- Amended 2010 Ky. Acts ch. 171, sec. 4, effective July 15, 2010. -- Repealed, reenacted, and amended 2005 Ky. Acts ch. 99, sec. 35, effective June 20, 2005; and ch. 132, sec. 18, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 15, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 426, sec. 53, effective July 15, 1998. Formerly codified as KRS 194B.530.

KRS 194A.550 Training requirements for staff of agencies providing shelter services for victims

194A.550. Training requirements for staff of agencies providing shelter services for victims (1) The secretary for health and family services shall promulgate administrative regulations under KRS Chapter 13A setting forth the requirements for initial training courses and continuing education courses for staff of agencies providing protective shelter services for victims of domestic violence. The components of the training shall include the dynamics of domestic violence, effects of domestic violence on adult and child victims, legal remedies for protection, lethality and risk issues, model protocols for addressing domestic violence, available community resources and victims services, and reporting requirements. The training shall be developed in consultation with legal, victim services, victim advocacy, and mental health professionals with an expertise in domestic violence. (2) Each agency providing protective shelter services for victims of domestic violence shall develop and provide initial training courses and, at least once every two (2) years, continuing education courses which comply with the requirements developed pursuant to subsection (1) of this section, for staff of the agency. Effective: June 20, 2005 History: Repealed, reenacted, and amended 2005 Ky. Acts ch. 99, sec. 36, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 426, sec. 54, effective July 15, 1998. Formerly codified as KRS 194B.535.

KRS 194A.560 Sections and amendments to be known as "Boni Frederick Bill."

194A.560. Sections and amendments to be known as "Boni Frederick Bill." In honor of Boni Frederick who lost her life in the performance of her official duties, KRS 194A.560, 194A.562, 194A.564, 194A.566, and 605.170, and the amendments made to KRS 194A.065 in 2007 Ky. Acts ch. 140, shall be known as the "Boni Frederick Bill." Effective: April 5, 2007 History: Created 2007 Ky. Acts ch. 140, sec. 1, effective April 5, 2007.

KRS 194A.562 Risk assessments on local offices of Division of Service Regions -- Remediation where staff safety inadequate

194A.562. Risk assessments on local offices of Division of Service Regions -- Remediation where staff safety inadequate The cabinet shall conduct risk assessments on all local offices of the Division of Service Regions of the Department for Community Based Services and remediate the office environments that do not provide adequate safety and protection for cabinet staff to the extent possible with consideration of office space lease arrangements and availability of funding for office renovations. Effective: April 5, 2007 History: Created 2007 Ky. Acts ch. 140, sec. 4, effective April 5, 2007.

KRS 194A.564 Study group to make recommendations on personnel classifications for state agency social workers -- Safety training -- Report

194A.564. Study group to make recommendations on personnel classifications for state agency social workers -- Safety training -- Report The cabinet secretary shall designate a study group composed of personnel within the Department for Community Base d Services' field services staff and any other persons deemed necessary to make recommendations regarding personnel classifications for state agency social workers. The study group shall include in its deliberations, but is not limited to, special personnel designations that would permit or require specialized personal safety training and other requirements that reflect the sometimes dangerous nature of official job duties of state agency social workers. The study group shall report its recommendations by November 15, 2007. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 5, effective June 29, 2023. -- Created 2007 Ky. Acts ch. 140, sec. 5, effective April 5, 2007.

KRS 194A.566 Risk or safety assessment upon request of front-line staff -- Accompaniment by local law enforcement officer

194A.566. Risk or safety assessment upon request of front-line staff -- Accompaniment by local law enforcement officer Front-line staff may request a risk or safety assessment prior to an investigation or delivery of services in a community setting. The direct supervisor of the requesting front- line staff and the safety liaison officer if a safety liaison officer position is designated for the county shall conduct the safety or risk assessment. If the situation warrants the accompaniment of front-line staff by a local law enforcement officer, the supervisor shall make the request to the local law enforcement agency. Effective: April 5, 2007 History: Created 2007 Ky. Acts ch. 140, sec. 6, effective April 5, 2007.

KRS 194A.570 Serve Kentucky

194A.570. Serve Kentucky Serve Kentucky is created and shall be attached to the Cabinet for Health and Family Services for oversight, technical, and administrative support purposes. A director and other appropriate staff shall be hired by Serve Kentucky when federal funds become available. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 114, sec. 4, effective July 14, 2018. -- Repealed, reenacted, and amended 2005 Ky. Acts ch. 99, sec. 37, effective June 20, 2005. -- Repealed, reenacted, and amended 2000 Ky. Acts ch. 203, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 89, sec. 1, effective July 15, 1998. -- Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 61, effective May 30, 1997. -- Created 1996 Ky. Acts ch. 310, sec. 1, effective July 15, 1996. Formerly codified as KRS 156.760 and KRS 194B.570.

KRS 194A.572 Serve Kentucky membership -- Term limits

194A.572. Serve Kentucky membership -- Term limits Serve Kentucky shall initially consist of twenty-five (25) voting members who shall be appointed by the Governor. Membership on Serve Kentucky shall be for a three (3) year term, with the exception that initially one third (1/3) of the members shall serve for a term of one (1) year, one-third (1/3) of the members shall serve for a term of two (2) years, and one-third (1/3) of the members shall serve for a term of three (3) years. After the first six (6) months of operations, the Governor reserves the option to request Serve Kentucky to submit recommendations for any additional members deemed necessary to balance Serve Kentucky's perspective, provided that Serve Kentucky's membership does not exceed twenty-five (25). Serve Kentucky shall annually select from its membership a chair to serve for a term of one (1) year. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 114, sec. 5, effective July 14, 2018. -- Repealed and reenacted 2005 Ky. Acts ch. 99, sec. 38, effective June 20, 2005. -- Repealed and reenacted 2000 Ky. Acts ch. 203, sec. 2, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 310, sec. 2, effective July 15, 1996. Formerly codified as KRS 156.762 and KRS 194B.572.

KRS 194A.575 Purpose of Serve Kentucky

194A.575. Purpose of Serve Kentucky The purpose of Serve Kentucky is to engage in statewide strategic planning, establish relevant policies, provide administrative oversight, and promote programs and strengthen the service ethic among the Commonwealth's citizens by facilitating the development of strategic programs that enable citizens to address serious societal problems including, but not limited to, education reform through service to local communities. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 114, sec. 6, effective July 14, 2018. -- Repealed and reenacted 2005 Ky. Acts ch. 99, sec. 39, effective June 20, 2005. -- Repealed and reenacted 2000 Ky. Acts ch. 203, sec. 3, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 310, sec. 3, effective July 15, 1996. Formerly codified as KRS 156.764 and KRS 194B.575.

KRS 194A.578 Duties of Serve Kentucky -- Authority for administrative regulations

194A.578. Duties of Serve Kentucky -- Authority for administrative regulations Serve Kentucky shall: (1) Develop a strategic plan for service in Kentucky which covers a three (3) year period, and supporting efforts to achieve the goals of this plan. The plan shall be updated annually; (2) Oversee and submit Kentucky's annual applications to the Corporation for National Service, the federal funding authority, and other funding sources for the continuation and any expansion of the current Kentucky Serve initiative; (3) Conduct a competitive application process to determine the organizations that will be awarded subgrants to operate national service programs; (4) Fulfill any other responsibilities required by the Corporation for National Service and other funding sources; and (5) Promulgate administrative regulations pursuant to KRS Chapter 13A to establish operational guidelines for Serve Kentucky. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 114, sec. 7, effective July 14, 2018. -- Repealed and reenacted 2005 Ky. Acts ch. 99, sec. 40, effective June 20, 2005. -- Repealed and reenacted 2000 Ky. Acts ch. 203, sec. 4, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 310, sec. 4, effective July 15, 1996. Formerly codified as KRS 156.766 and KRS 194B.578.

KRS 194A.600 Definitions for KRS 194A.600 to 194A.609

194A.600. Definitions for KRS 194A.600 to 194A.609 As used in KRS 194A.600 to 194A.609: (1) "Council" means the Alzheimer's Disease and Related Disorders Advisory Council; (2) "Dementia" means Alzheimer's disease and related dementia illnesses and disorders; and (3) "Office" means the Office of Dementia Services. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 52, sec. 1, effective June 29, 2021. -- Created 2000 Ky. Acts ch. 6, sec. 3, effective July 14, 2000.

KRS 194A.601 Office of Dementia Services -- Purpose -- Coordinator -- Annual report -- Duties of office

194A.601. Office of Dementia Services -- Purpose -- Coordinator -- Annual report -- Duties of office (1) The Office of Dementia Services is established within the cabinet. The purpose of the office is to oversee information and resources related to policy and services affecting residents of Kentucky with dementia, and the caregivers and families of the residents. (2) The dementia services coordinator shall be a full -time, permanent employee and shall be responsible for the staffing and operational details of the office. (3) The dementia services coordinator shall prepare an annual report on the operations of the office and council, which shall include but not be limited to a progress update on the implementation of the Kentucky Alzheimer's and Rel ated Dementias State Plan and any state plan amendments or recommendations. The report shall be submitted to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services by December 1 of each year. (4) The duties of the office shall include but not be limited to: (a) Creating, implementing, and updating the Kentucky Alzheimer's and Related Dementias State Plan; (b) Coordinating and managing the Alzheimer's Disease and Related Disorders Advisory Council; (c) Assessing and analyzing dementia-specific data collected by the cabinet, including the behavioral risk factor surveillance system, and data from other relevant departments and divisions; (d) Evaluating of state-funded dementia services; (e) Identifying and supporting the development of dementia-specific trainings; (f) Streamlining all applicable state government services to increase efficiency and improve the quality of care in residential and home and community -based settings; (g) Identifying any duplicative services to eliminate all unnecessary costs; (h) Identifying and applying for grant opportunities to expand the scope of services while reducing state costs; and (i) Completing other duties relevant to supporting policy developm ent and implementation to support individuals with dementia and their caregivers. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 40, sec. 1, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 25, sec. 6, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 52, sec. 2, effective June 29, 2021. -- Created 2000 Ky. Acts ch. 6, sec. 4, effective July 14, 2000.

KRS 194A.603 Alzheimer's Disease and Related Disorders Advisory Council -- Membership, duties, and personnel

194A.603. Alzheimer's Disease and Related Disorders Advisory Council -- Membership, duties, and personnel (1) The Alzheimer's Disease and Related Disorders Advisory Council is created. The council shall report directly to the office. (2) The council shall be composed of the following sixteen (16) members: (a) The secretary of the Cabinet for Health and Family Services or his or her designee; (b) The commissioner of the Department for Aging and Independent Living or his or her designee; (c) The commissioner of the Department for Public Health or his or her designee; (d) The commissioner of the Department for Medicaid Services or his or her designee; (e) The state long-term care ombudsman or his or her designee; (f) The executive director of the Area Agencies on Aging or his or her designee; (g) Two (2) unaffiliated individuals who are current or former unpaid caregivers for individuals living with Alzheimer's disease or another dementia, appointed by the Governor from a list of names of qualified pe rsons submitted by any interested parties; (h) One (1) individual who represents the residential long -term care industry, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; (i) One (1) individual who represents providers of adult day care services, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; (j) One (1) individual who represents the home care providers, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; (k) One (1) individual employed by and representing an organization that advocates solely on behalf of physicians, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; (l) One (1) individual employed by and representing an organization that advocates solely on behalf of nurses, appointed by the Governor from a list of names of qualified persons submitted by any interes ted parties; (m) One (1) individual who conducts research regarding Alzheimer's disease or other dementias, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; (n) One (1) individual who represents an organization that advocates solely on behalf of individuals living with Alzheimer's disease or other dementias, appointed by the Governor from a list of names of qualified persons submitted by any interested parties; and (o) One (1) individual representing a statewide organization that advocates on behalf of Kentuckians aged fifty (50) or older, appointed by the Governor from a list of names of qualified persons submitted by any interested parties. (3) Members who are not state employees shall be reimbursed for necessary and actual expenses. (4) The council shall meet at least quarterly and at other such times as it determines necessary to perform its duties. A majority of the members shall constitute a quorum for the transaction of the council's business. (5) The council shall: (a) Elect its own chairperson and establish other officers and subcommittees as needed to execute the duties of the council; (b) Adopt bylaws and operate under its bylaws; (c) By December 1, 2029, and by December 1 every four (4) years thereafter, submit an updated Kentucky Alzheimer's and Related Dementias State Plan to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services. If the council determines that amendments need to be made to the state plan, an amended Kentucky Alzheimer's and Related Dementia State Plan may be presented to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services; (d) Beginning December 1 of each year, develop and implement a year-long initiative that advances a key area of the Kentucky Alzheimer's and Related Dementias State Plan. The key area to be addressed each year shall be determined by a vote of the council, unless otherwise provided by law. Completed initiatives may be r eviewed by the council annually. After review, at the discretion of the council, completed initiatives may be updated as necessary; and (e) Serve in an advisory capacity to the Governor, the General Assembly, the cabinet and all other state agencies on mat ters relating to the Kentucky Alzheimer's and Related Dementias State Plan. The council shall review and make recommendations regarding progress towards the goals of the state plan and on progress in implementing resources and services to serve individuals with dementia and related diseases across Kentucky in the future. (6) Members shall serve for a term of two (2) years and may be reappointed. All subsequent appointments or reappointments shall be for terms of two (2) years. If an appointee resigns or is otherwise unable to complete the appointed term, the Governor shall appoint a new individual whose expertise or experience satisfies the vacated position within ninety (90) days. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 40, sec. 2, effec tive July 15, 2026. -- Amended 2021 Ky. Acts ch. 52, sec. 3, effective June 29, 2021. -- Created 2000 Ky. Acts ch. 6, sec. 5, effective July 14, 2000. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 40, sec. 3, provides, in part: "Beginning December 1, 2026, the Alzheimer's Disease and Related Disorders Advisory Council, with support from the Office of Dementia Services, shall develop and implement a health care provider toolkit on the early detection and diagnosis of Alzheimer's and related disorders as the initial year-long initiative required under subsection (5)(d) of [this statute]."

KRS 194A.609 Promulgation of administrative regulations to implement KRS 194A.600 to 194A.609

194A.609. Promulgation of administrative regulations to implement KRS 194A.600 to 194A.609 The cabinet shall promulgate administrative regulations under KRS Chapter 13A sufficient to implement KRS 194A.600 to 194A.609. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 6, sec. 6, effective July 14, 2000.

KRS 194A.620 Repealed, 2016

194A.620. Repealed, 2016 Catchline at repeal: Legislative findings -- Purpose -- Definition. History: Repealed 2016 Ky. Acts ch. 18, sec. 4, effective July 15, 2016. -- Created 2005 Ky. Acts ch. 138, sec. 1, effective June 20, 2005.

KRS 194A.622 Repealed, 2016

194A.622. Repealed, 2016 Catchline at repeal: Kentucky Commission on Autism Spectrum Disorders -- Membership -- Administrative support -- Meetings -- Comprehensive state plan on training, treatments, and services -- Advisory and monitoring functions. History: Repealed 2016 Ky. Acts ch. 18, sec. 4, effective July 15, 2016. -- Amended 2012 Ky. Acts ch. 146, sec. 24, effective July 12, 2012; and ch. 158, sec. 20, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 24, sec. 242, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 6, effective June 26, 2007. -- Created 2005 Ky. Acts ch. 138, sec. 2, effective June 20, 2005.

KRS 194A.623 Office of Autism

194A.623. Office of Autism (1) The Office of Autism is hereby created within the Cabinet for Health and Family Services. (2) The Office of Autism may be housed at the University of Louisville and the University of Kentucky, by agreement of the parties. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 18, sec. 2, effective July 15, 2016.

KRS 194A.624 Advisory Council on Autism Spectrum Disorders -- Administration of funds -- Annual report -- Administrative regulations

194A.624. Advisory Council on Autism Spectrum Disorders -- Administration of funds -- Annual report -- Administrative regulations (1) The Advisory Council on Autism Spectrum Disorders is hereby created and shall be attached to the Office of Autism with in the Cabinet for Health and Family Services for administrative purposes. (2) The Advisory Council on Autism Spectrum Disorders shall consist of the following members appointed by the Governor: (a) One (1) representative from the Department for Public Hea lth; (b) One (1) representative from the Department for Medicaid Services; (c) One (1) representative from the Department for Community Based Services; (d) One (1) representative from the Department of Public Advocacy; (e) One (1) representative from the Department of Education; (f) One (1) representative from the Department of Juvenile Justice; (g) One (1) representative from the Department for Behavioral Health, Developmental and Intellectual Disabilities; (h) One (1) representative from the Office for Ch ildren with Special Health Care Needs; (i) One (1) parent or youth representative from the Commonwealth Council on Developmental Disabilities; (j) One (1) representative from the Kentucky Autism Training Center; (k) One (1) representative from the Office of Vocational Rehabilitation; (l) One (1) representative from the University of Louisville; (m) One (1) representative from the University of Kentucky Human Development Institute; (n) One (1) representative from the University of Kentucky; (o) One (1) representative from the Center for Autism Spectrum Evaluation, Service, and Research; (p) One (1) representative from the Education Professional Standards Board; (q) One (1) pediatrician representative; (r) One (1) representative from the Weisskopf Child Evaluation Center; (s) One (1) representative from the First Steps Program; (t) One (1) representative from the Arc of Kentucky; (u) The director of the Office of Autism; (v) At least one (1) consumer representative, an ad ult with a diagnosis on the autism spectrum; and (w) Five (5) citizen-at-large members. (3) The co-chairs of the Advisory Council on Autism Spectrum Disorders shall be the representatives appointed by the Governor from the University of Kentucky and the University of Louisville. (4) The Advisory Council on Autism Spectrum Disorders may invite individuals who are not members to serve on committees and workgroups. (5) Appointed members of the Advisory Council on Autism Spectrum Disorders shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder. Members of the council shall initially be appointed to serve staggered terms and thereafter shall be appointed to serve a term of four (4) years. (6) The Cabinet for Health and Family Services, the Personnel Cabinet, the Finance and Administration Cabinet, and the Office of the State Budget Director shall take all necessary actions to effectuate this section. (7) The Advisory Council on Autism Spectrum Disorders shall be responsible for: (a) Promoting the vision for Kentucky's services and supports to persons on the autism spectrum and their families and advocating for improved quality and evidence-based practices for persons on the autism spectrum and their families; (b) Promoting the early screening, identification, early intervention, and appropriate use of evidence-based practices and standards of care for persons on the autism spectrum across the lifespan; (c) Strengthening state, regional, and local level collaboration and coordination with families, self-advocates, support groups, and state agencies to further coordinate, develop, and enhance the service delivery system for persons on the autism spectrum across the lifespan; (d) Gathering and analyzing research and data to assess the quality and availability of programs and services for persons on the autism spectrum and providing recommendations on assessments, interventions, and treatment modalities across the lifespan; (e) Developing recommendations for: 1. Increasing participation in existing federal, state, and local programs that serve children, youth, and adults on the autism spectrum; 2. Enhancing the current professional development and planning for future workforce development to incorporate research and evidence-based practices; 3. Establishing standards of care and undertaking efforts to ensure promotion of these standards statewide; and 4. Promoting the development of services and supports to transition youth and adults on the autism spectrum; (f) Assessing the capacity and effecti veness of institutes of higher education in the state toward supporting the development of the workforce for persons on the autism spectrum; (g) Requesting and utilizing federal, state, and private funds, including funds from philanthropic sources; (h) Improving procedures for ensuring accountability and measuring success of programs that receive state, federal, and philanthropic funds; (i) Obtaining reports and issuing progress updates on state and federally funded services that impact the quality of Kentucky's system of care for persons on the autism spectrum; (j) Completing a biennial report with the Office of Autism and submitting it to the Commonwealth Council on Developmental Disabilities, the Governor, and the Legislative Research Commission. The first report shall be due on or before September 30, 2017, and subsequent reports shall be due each September 30 in odd-numbered years thereafter; and (k) Other duties and responsibilities as designated by the Governor. (8) The Advisory Council on Autism Spectrum Disorders shall: (a) Administer and distribute funds from the autism spectrum disorder trust fund created in KRS 194A.625; (b) Develop a written plan for the use of funds made available under KRS 194A.625. The initial plan shall be completed on or before October 1, 2026, and shall be updated on an annual basis on or before October 1 of each year thereafter. The plan shall at a minimum include the following: 1. A summary of existing autism spectrum disorder research, awareness, treatment, and funding programs provided to individuals in Kentucky; 2. A needs assessment for individuals with autism spectrum disorder in Kentucky that identifies additional research funding needs by disorder type and geographic area, with support for why the identified programs are needed; and 3. A prioritized list of programs and research projects that the advisory council will address with funding available through the competitive grant program established under subsection (9) of this section; and (c) Provide to the Governor and the Legislative Research Commission an annual report by October 1 of each year. The report shall include: 1. The plan developed under this subsection for the use of funds for the current and next fiscal year; 2. A summary of the use and impact of prior year funds; 3. A summary of the activities of the advisory council during the prior fiscal year; and 4. Any recommendations for future initiatives or actions regarding autism spectrum disorder research funding. (9) (a) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish a competitive, open grant program to provide funding to nonprofit entities, academic medical centers, and government agencies offering research funding and services for autism spectrum disorder services to individuals in Kentucky impacted by the disorder. (b) The grant program shall provide funding to research projects and programs in accordance with the priorities established in the plan developed under subsection (8) of this section. (c) The administrative regulations shall at a minimum: 1. Establish an application process and requirements; 2. Set forth program and outcome measurement requirements; 3. Establish an application review and award process; and 4. Provide monitoring, oversight, and reporting requirements for funded programs. Effective: April 3, 2026 History: Amended 2026 Ky. Acts ch. 19, sec. 2, effective April 3, 2026. -- Amended 2017 Ky. Acts ch. 167, sec. 13, effective June 29, 2017. -- Created 2016 Ky. Acts ch. 18, sec. 1, effective July 15, 2016. Legislative Research Commission Note (7/14/2018). Under the authority of KRS 7.136(2), one or more references to the "Commission for Children with Special Health Care Needs" in this statute have been changed in codification to the "Office for Children with Special Health Care Needs" to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

KRS 194A.625 Autism spectrum disorder trust fund

194A.625. Autism spectrum disorder trust fund (1) The autism spectrum disorder trust fund is hereby created in the State Treasury as a separate trust fund. The fund shall be administered by the Cabinet for Health and Family Services. (2) The fund shall receive amounts from grants, contributions, appropriations, or other moneys made available for the purposes of the fund. (3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (4) Moneys in the fund shall be used to support autism spectrum disorder research and services for Kentuckians. Funds shall be administered and distributed by the Advisory Council on Autism Spectrum Disorders created in KRS 194A.624 for the purposes set forth in this section and KRS 194A.624. Effective: April 3, 2026 History: Created 2026 Ky. Acts ch. 19, sec. 1, effective April 3, 2026.

KRS 194A.700 Definitions for KRS 194A.700 to 194A.729

194A.700. Definitions for KRS 194A.700 to 194A.729 As used in KRS 194A.700 to 194A.729: (1) "Activities of daily living" means normal daily activities, including but not limited to bathing, dressing, grooming, transferring, toileting, and eating; (2) "Ambulatory" means able to walk, transfer, or move from place to place with or without hands-on assistance of another person, and with or without an assistive device, including but not limited to a walker or a wheelchair; (3) "Assistance with activities of daily living and instrumental activities of daily living" means any assistance provided by the assisted living community staff with the resident having at least minimal ability to verbally direct or physically participate in the activity with which assistance is being provided; (4) "Assistance with self-administration of medication," unless subject to more restrictive provisions in an assisted living community's policies that are communicated in writing to residents and prospective residents, means: (a) Assistance with medication that is prepared or directed by the resident, the resident's designated representative, or a licensed health care professional who is not the owner, manager, or employee of the assisted living community. The medication shall: 1. Except for ointments, be preset in a medication organizer or be in a single dose unit; 2. Include the resident's name on the medication organizer or container in which the single dose unit is stored; and 3. Be stored in a manner requested in writing by the resident or the resident's designated representative and permitted by the assisted living community's policies; (b) Assistance by an assisted living community staff person, which includes: 1. Reminding a resident when to take medications and observing to ensure that the resident takes the medication as directed; 2. Handing the resident's medication to the resident, or if it is difficult for the resident or the resident requests assistance, opening the unit dose or medication organizer, removing the medication from a medication organizer or unit dose container, closing the medication organizer for the resident, placing the dose in a container, and placing the medication or the container in the resident's hand; 3. Steadying or guiding a resident's hand while the resident is self- administering medications; or 4. Applying over-the-counter topical ointments and lotions; (c) Making available the means of communication by telephone, facsimile, computer, or other electronic device with a licensed health care professional and pharmacy regarding a prescription for medication; (d) At the request of the resident or the resident's designated representative, facilitating the filling of a preset medication container by a designated representative or licensed health care professional who is not the owner, manager, or employee of the assisted living community; and (e) None of the following: 1. Instilling eye, ear, or nasal drops; 2. Mixing compounding, converting, or calculating medication doses; 3. Preparing syringes for injection or administering medications by any injection method; 4. Administrating medications through intermittent positive pressure breathing machines or a nebulizer; 5. Administrating medications by way of a tube inserted in a cavity of the body; 6. Administrating parenteral preparations; 7. Administrating irrigations or debriding agents used in the treatment of a skin condition; or 8. Administrating rectal, urethral, or vaginal preparations; (5) "Assisted living community" means a licensed facility that provides sleeping accommodations and assisted living services set forth in the assisted living community's lease and policies for five (5) or more adult persons not related within the third degree of consanguinity to the owner or manager; (6) "Assisted living community with dementia care" means an assisted living community that is advertised, marketed, or otherwise promoted as providing specialized care for individuals with Alzheimer's disease or other dementia illnesses and disorders. An assisted living community with a secured dementia care unit shall be licensed as an assisted living community with dementia care; (7) "Assisted living services" means one (1) or more of the following services: (a) Assisting with activities of daily living, including but not limited to bathing, dressing, grooming, transferring, toileting, and eating; (b) Assisting with instrumental activities of daily living that support independent living, including but not limited to housekeeping, shopping, laundry, chores, transportation, and clerical assistance; (c) Providing standby assistance; (d) Providing verbal or visual reminders to the resident to take regularly scheduled medication, including bringing the resident previously set up medication, medication in original containers, or liquid or food to accompany the medication; (e) Providing verbal or visual reminders to the resident to perform regularly scheduled treatments and exercises; (f) Preparing and serving three (3) meals per day consisting of regular or modified diets ordered by a licensed health professional; (g) Providing the services of an advanced practice registered nurse, registered nurse, licensed practical nurse, physical therapist, respiratory therapist, occupational therapist, speech pathologist, dietitian or nutritionist, or social worker; (h) Tasks delegated to unlicensed personnel by a registered nurse or assigned by a licensed health professional within the person's scope of practice; (i) Assistance with self-administration of medication; (j) Medication management; (k) Hands-on assistance with transfers and mobility, including use of gait belts; (l) Treatments and therapies; (m) Assisting residents with eating when the residents have complicated eating problems such as difficulty swallowing or recurrent lung aspirations as identified in the resident record or through an assessment; (n) Scheduled daily social activities that address the general preferences of residents; and (o) Other basic health and health-related services; (8) "Basic health and health-related services" means: (a) Monitoring and providing for the resident's health care needs; (b) Storage and control of medications, other than as requested by a resident or a resident's designated representative; (c) Administration of medications; and (d) Arranging for therapeutic services ordered by the resident's health care practitioner, if the services are not available in the assisted living community; (9) "Cabinet" means the Cabinet for Health and Family Services; (10) "Dementia" means the loss of cognitive function, including the ability to think, remember, problem solve, or reason, of sufficient severity to interfere with an individual's daily functioning; (11) "Dementia care services" means ongoing care for behavioral and psychological symptoms of dementia, including but not limited to planned group and individual programming and person-centered care practices to support daily living activities for people living with dementia; (12) "Dementia-trained staff" means any employee who has completed the minimum training required by KRS 194A.7205 and has demonstrated knowledge and the ability to support individuals with dementia; (13) "Hands-on assistance" means physical help by another person without which the resident is not able to perform the activity; (14) "Health services" has the same meaning as in KRS 216B.015; (15) "Instrumental activities of daily living" means activities to support independent living including but not limited to housekeeping, shopping, laundry, chores, transportation, and clerical assistance; (16) "Living unit" means a portion of an assisted living community occupied as the living quarters of a resident under a lease agreement; (17) "Medication administration" means: (a) Checking the resident's medication record; (b) Preparing the medication as necessary; (c) Administering the medication to the resident; (d) Documenting the administration or reason for not administering the medication; and (e) Reporting to a nurse or appropriate licensed health professional any concerns about the medication, the resident, or the resident's refusal to take the medication; (18) "Medication management" means the provision of any of the following medication- related services to a resident: (a) Performing medication setup; (b) Administering medications; (c) Storing and securing medications; (d) Documenting medication activities; (e) Verifying and monitoring the effectiveness of systems to ensure safe handling and administration; (f) Coordinating refills; (g) Handling and implementing changes to prescriptions; (h) Communicating with the pharmacy about the resident's medications; and (i) Coordinating and communicating with the prescriber; (19) "Medication setup" means arranging medications by a nurse, pharmacy, or authorized prescriber for later administration by the resident or by facility staff; (20) "Nonambulatory" means unable to walk, transfer, or move from place to place with or without hands-on assistance of another person, and with or without an assistive device, including but not limited to a walker or a wheelchair; (21) "Person-centered care" means respecting and valuing the individual, providing individualized care that reflects the individual's changing needs, understanding the perspective of the person, and providing supportive opportunities for social engagement; (22) "Resident" means an adult person who has entered into a lease agreement with an assisted living community; (23) "Secured dementia care unit" means a designated area or setting designed for individuals with dementia that is secured in compliance with the applicable life safety code to prevent or to limit a resident's ability to exit the secured area or setting. A secured dementia care unit is not solely an individual resident's living area; (24) "Service plan" means the written plan agreement between the resident and the licensee about services that will be provided to the resident; (25) "Standby assistance" means minimizing the risk of injury to a resident who is performing daily activities by a person who is within arm's reach providing physical intervention, cueing, or oversight; (26) "Temporary condition" means a condition that affects a resident as follows: (a) The resident is not ambulatory before or after entering a lease agreement with the assisted living community but is expected to regain ambulatory ability within six (6) months of loss of ambulation, as documented by a licensed health care professional, and the assisted living community has a written plan in place to mitigate risk; or (b) The resident is not ambulatory after entering a lease agreement with the assisted living community but is not expected to regain ambulatory ability, hospice services are provided by a hospice program licensed under KRS Chapter 216B or other end-of-life services are provided by a licensed health care provider in accordance with KRS 194A.705, as documented by a licensed hospice program or other licensed health care professional, and the assisted living community has a written plan in place to mitigate risk; and (27) "Unlicensed personnel" means individuals not otherwise licensed or certified by a governmental health board or agency who provide services to a resident. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 1, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 7, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 161, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 1, effective July 14, 2000.

KRS 194A.703 Requirements for living units

194A.703. Requirements for living units (1) Each living unit in an assisted living community shall: (a) Be at least two hundred (200) square feet for single occupancy, or for double occupancy if the room is shared with a spouse or another individual by mutual agreement; (b) Include at least one (1) unfurnished room, a lockable entry door unless in a secured dementia care unit, a private bathroom with a tub or shower, provisions for emergency response, a window to the outdoors, and a telephone jack; (c) Unless living units are in a secured dementia care unit, have an individual thermostat control if the assisted living community has more than twenty (20) units; and (d) Have temperatures that are not under a resident's direct control at a minimum of seventy-one (71) degrees Fahrenheit in winter conditions and a maximum of eighty-one (81) degrees Fahrenheit in summer conditions if the assisted living community has twenty (20) or fewer units, or the living units are in a secured dementia care unit. (2) Each resident shall be provided access to central dining, a laundry facility, and a central living room. (3) Each assisted living community shall comply with applicable building and life safety codes as determined by the building code or life safety code enforcement authority with jurisdiction. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 2, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 2, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 141, sec. 2, effective July 14, 2000.

KRS 194A.704 Assisted living community license to replace personal care home license if in compliance with KRS 194A.703

194A.704. Assisted living community license to replace personal care home license if in compliance with KRS 194A.703 (1) A licensed personal care home in substantial compliance with KRS 194A.703 shall be licensed as an assisted living community as of July 14, 2022. The cabinet shall issue an assisted living community license to the facility to replace its personal care license. If the personal care home has a secured dementia care unit, the replacement license shall be an assisted living community with dementia care license. (2) A licensed personal care home that does not comply with KRS 194A.703 on July 14, 2022, may file an application with the cabinet to change its license from personal care home to assisted living community or assisted living community with dementia care: (a) Within twelve (12) months after July 14, 2022, once it complies with the physical plant requirements of an assisted living community as of July 14, 2022; or (b) After twelve (12) months of July 14, 2022, once it complies with the physical plant requirements of an assisted living community in effect at the time of its application. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 23, effective July 14, 2022.

KRS 194A.705 Services provided to assisted living community residents -- Required services -- Access to basic health and health-related services -- Written policies to be given to resident -- Functional needs assessment

194A.705. Services provided to assisted living community residents -- Required services -- Access to basic health and health-related services -- Written policies to be given to resident -- Functional needs assessment (1) The assisted living community shall provide each resident with access to the following services according to the lease agreement: (a) Assistance with activities of daily living and instrumental activities of daily living; (b) Three (3) meals and snacks made available each day, with flexibility in a secured dementia care unit to meet the needs of residents with cognitive impairments who may eat outside of scheduled dining hours; (c) Scheduled daily social activities that address the general preferences of residents; (d) Assistance with self-administration of medication; and (e) Housing. (2) (a) The assisted living community may provide residents with access to basic health and health-related services. (b) If an assisted living community chooses to provide basic health and health- related services, the assisted living community shall supervise the residents. (c) Notwithstanding KRS 194A.700(4)(e), in an assisted living community or nursing home as defined in KRS 205.510 and licensed under KRS Chapter 216B that provides basic health and health-related services or dementia care services, a certified medication aide or an unlicensed staff person who has successfully completed a medication aide training and skills competency evaluation program approved by the Kentucky Board of Nursing may administer oral or topical medication, or preloaded injectable insulin to a resident under the authority of an available licensed practical nurse, registered nurse, or advanced practice registered nurse. (d) Unlicensed personnel who administer oral or topical medications to residents of an apartment-style personal care home required by KRS 194A.704 to convert to a licensed assisted living community shall comply with the medication aide requirements of paragraph (c) of this subsection no later than six (6) months from June 29, 2023. (3) (a) Residents of an assisted living community 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 assisted living community. (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. (4) Upon entering into a lease agreement, an assisted living community shall inform the resident in writing about policies relating to the provision of services by the assisted living community and the contracting or arranging for additional services. (5) A resident issued a move-out notice shall receive the notice in writing and the assisted living community shall assist each resident upon a move-out notice to find appropriate living arrangements. Each assisted living community shall share information provided from the cabinet regarding options for alternative living arrangements at the time a move-out notice is given to the resident. (6) An assisted living community shall complete and provide to the resident: (a) Upon move-in, a copy of a functional needs assessment pertaining to the resident's ability to perform activities of daily living and instrumental activities of daily living and any other topics the assisted living community determines to be necessary; and (b) After move-in, a copy of an updated functional needs assessment pertaining to the resident's ability to perform activities of daily living and instrumental activities of daily living, the service plan designed to meet identified needs, and any other topics the assisted living community determines to be necessary. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 57, sec. 1, effective July 15, 2024. -- Amended 2023 Ky. Acts ch. 51, sec. 5, effective June 29, 2023; and ch. 180, sec. 5, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 20, sec. 3, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 3, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 8, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 162, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 3, effective July 14, 2000.

KRS 194A.707 Licensure -- Administrative regulations -- Accreditation by other organizations -- Fees -- Compliance

194A.707. Licensure -- Administrative regulations -- Accreditation by other organizations -- Fees -- Compliance (1) The Cabinet for Health and Family Services shall establish by the promulgation of administrative regulation under KRS Chapter 13A, an initial and relicensure review process for assisted living communities. This administrative regulation 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. (2) Notwithstanding the timeframe in KRS 216.530, an on-site visit of an assisted living community shall be conducted by the cabinet: (a) As part of the initial licensure review process; (b) Twenty-four (24) months following the date of the previous licensure review, if during the previous licensure review an assisted living community 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 (c) Twelve (12) months following the date of the previous licensure review, if during the previous licensure review an assisted living community 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. (3) No business shall market its service as an assisted living community unless it has: (a) Filed a current application for the business to be licensed by the cabinet as an assisted living community; or (b) Received licensure by the cabinet as an assisted living community. (4) No business that has been denied or had its license revoked shall operate or market its service as an assisted living community unless it has: (a) Filed a current application for the business to be licensed by the cabinet as an assisted living community; and (b) Received licensure as an assisted living community from the cabinet. Revocation of licensure may be grounds for the cabinet to not reissue a license for that property for seven (7) years if ownership remains substantially the same. (5) No business shall operate as an assisted living community unless its owner or manager has: (a) Filed a current application for the business to be licensed as an assisted living community by the cabinet; and (b) Received licensure as an assisted living community from the cabinet. (6) By September 1 of each year, each assisted living community licensed pursuant to this chapter may provide residents with educational information or education opportunities on influenza disease. (7) The cabinet shall determine the feasibility of recognizing accreditation by other organizations in lieu of licensure review by the cabinet. (8) Individuals designated by the cabinet to conduct licensure reviews shall have the skills, training, experience, and ongoing education, including understanding that assisted living is not subject to the rules and regulations of the Centers for Medicare and Medicaid Services, to perform assisted living community and assisted living community with dementia care licensure reviews. (9) The cabinet may promulgate administrative regulations to establish an assisted living community and assisted living community with dementia care licensure fee that shall not exceed costs of the program to the cabinet, to be assessed upon receipt of an application for licensure. The cabinet shall provide a breakdown of fees assessed and costs incurred for conducting licensure reviews upon request of any interested person. (10) The cabinet shall make findings from the most recent licensure review available to the public. (11) Notwithstanding any provision of law to the contrary, the cabinet may request additional relevant information from an assisted living community or conduct additional on-site visits to ensure compliance with the provisions of KRS 194A.700 to 194A.729 if the cabinet has reasonable cause to believe that the assisted living community is not in compliance. (12) Failure to follow an assisted living community's policies, practices, and procedures shall not result in a finding of noncompliance unless the assisted living community is out of compliance with a related requirement under KRS 194A.700 to 194A.729. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 4, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 136, sec. 2, effective July 1, 2019. -- Amended 2017 Ky. Acts ch. 80, sec. 30, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 103, sec. 20, effective July 15, 2016. -- Amended 2010 Ky. Acts ch. 36, sec. 4, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 9, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 163, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 4, effective July 14, 2000. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

KRS 194A.708 Additional policy and procedure requirements for assisted living community with dementia care licensees

194A.708. Additional policy and procedure requirements for assisted living community with dementia care licensees (1) In addition to the policies and procedures required in the licensing of all assisted living communities, an assisted living community with dementia care licensee shall develop and implement policies and procedures that address the following: (a) Philosophy of how services are provided and implemented based upon the assisted living community licensee's values, mission, and promotion of person-centered care; (b) Evaluation of behavioral symptoms and design of supports for intervention plans, including but not limited to nonpharmacological practices that are person-centered and evidence-informed; (c) Exit seeking and egress prevention; (d) Medication management pursuant to orders from a resident’s health care practitioner; (e) Staff training specific to dementia care; (f) Description of life enrichment and activity programs; (g) Description of family support and engagement programs; (h) Incontinence care; (i) Limit the use of public address and intercom systems to emergencies; (j) Transportation to and from off-site medical appointments; and (k) Safekeeping of residents' possessions. (2) The policies and procedures shall be provided to residents and their legal and designated representatives at the time of move-in. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 18, effective July 14, 2022.

KRS 194A.709 Abuse, neglect, and exploitation of clients, policies and reporting

194A.709. Abuse, neglect, and exploitation of clients, policies and reporting (1) An assisted living community shall have written policies on reporting and recordkeeping of alleged or actual cases of abuse, neglect, or exploitation of an adult under KRS 209.030. The only requisite components of a recordkeeping policy are the date and time of the report, the reporting method, and a brief summary of the alleged incident. (2) Any assisted living community staff member who has reasonable cause to suspect that a resident has suffered abuse, neglect, or exploitation shall report the abuse, neglect, or exploitation under KRS 209.030. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 5, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 158, sec. 21, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 36, sec. 5, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 10, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 164, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 81, sec. 1, effective June 21, 2001. -- Created 2000 Ky. Acts ch. 141, sec. 5, effective July 14, 2000.

KRS 194A.710 Licensure requirement -- Categories -- Administrative regulations

194A.710. Licensure requirement -- Categories -- Administrative regulations (1) An assisted living community shall not operate unless it is licensed under this chapter. A licensee shall be legally responsible for the management, control, and operations of the facility. (2) The following categories are established for assisted living community licensure: (a) An assisted living community license for any facility that provides assisted living services, excluding basic health and health -related services; (b) An assisted living community with basic health care license for any facility that: 1. Provides assisted living services, including basic health and health - related services directly to its residents; and 2. Does not have a secured dementia care unit; and (c) An assisted living community with dementia care license for any facility that provides assisted living services and dementia care services in a secured dementia care unit. (3) An assisted living community shall not operate a secured dementia care uni t without first obtaining an assisted living community with dementia care license from the cabinet. A license issued pursuant to this section shall not be assignable or transferable. (4) The Office of Inspector General shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish: (a) Licensing classifications within the categories as described in subsection (2) of this section; and (b) Standards to help ensure the health, safety, and well-being of residents. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 51, sec. 6, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 20, sec. 22, effective July 14, 2022.

KRS 194A.711 Criteria to be met by residents

194A.711. Criteria to be met by residents A resident shall be ambulatory, unless due to a temporary condition. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 6, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 6, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 141, sec. 6, effective July 14, 2000.

KRS 194A.713 Contents of lease agreement

194A.713. Contents of lease agreement A lease agreement, in no smaller type than twelve (12) point font, shall be executed by the resident and the assisted living community and shall include but not be limited to: (1) Resident data, for the purpose of providing service, to include: (a) Emergency contact person's name; (b) Name of responsible party or legal guardian, if applicable; (c) Attending physician's name; (d) Information regarding personal preferences and social factors; and (e) Advance directive under KRS 311.621 to 311.643, if desired by the resident; (2) Assisted living community's policy regarding termination of the lease agreement; (3) Terms of occupancy; (4) General services and fee structure; (5) Information regarding specific services provided, description of the living unit, and associated fees; (6) Provisions for modifying resident services and fees; (7) Minimum thirty (30) day notice provision for a change in the community's fee structure; (8) Minimum thirty (30) day move-out notice provision for resident nonpayment, subject to applicable landlord or tenant laws; (9) Provisions for assisting any resident that has received a move-out notice to find appropriate living arrangements prior to the actual move-out date; (10) Refund and cancellation policies; (11) Description of any special programming, staffing, or training if an assisted living community is marketed as providing special programming, staffing, or training on behalf of residents with particular needs or conditions; (12) Other community rights, policies, practices, and procedures; (13) Other resident rights and responsibilities, including compliance with KRS 194A.705(3) and (4); and (14) Grievance policies that minimally address issues related to confidentiality of complaints and the process for resolving grievances between the resident and the assisted living community. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 7, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 7, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 141, sec. 7, effective July 14, 2000.

KRS 194A.715 Duty of assisted living community to provide copy of KRS 194A.700 to 194A.729 and relevant administrative regulations to interested persons

194A.715. Duty of assisted living community to provide copy of KRS 194A.700 to 194A.729 and relevant administrative regulations to interested persons An assisted living community shall provide any interested person with a copy of KRS 194A.700 to 194A.729 and relevant administrative regulations. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 8, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 8, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 11, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 165, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 8, effective July 14, 2000.

KRS 194A.717 Staffing requirements -- Prohibition against employing staff member with active communicable disease -- Emergency evacuation policy

194A.717. Staffing requirements -- Prohibition against employing staff member with active communicable disease -- Emergency evacuation policy (1) Staffing in an assisted living community shall be sufficient in number and qualification to meet the twenty-four (24) hour scheduled needs of each resident pursuant to the lease agreement, functional needs assessment, and service plan. (2) One (1) awake staff member shall be on site at each licensed entity at all times. (3) An assisted living community shall have a designated manager who is at least twenty-one (21) years of age, has at least a high school diploma or a High School Equivalency Diploma, and has demonstrated management or administrative ability to maintain the daily operations. (4) No employee who has an active communicable disease reportable to the Department for Public Health shall be permitted to work in an assisted living community if the employee is a danger to the residents or other employees. (5) 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 assisted living community 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. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 9, effective July 14, 2022. -- Amended 2017 Ky. Acts ch. 63, sec. 24, effective June 29, 2017. -- Amended 2010 Ky. Acts ch. 36, sec. 9, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 141, sec. 9, effective July 14, 2000.

KRS 194A.719 In-service education for staff and management

194A.719. In-service education for staff and management (1) Prior to independently working with residents, assisted living community staff and management shall receive orientation education addressing the following topics, with emphasis on those most applicable to the employee's assigned duties: (a) Resident rights; (b) Community policies; (c) Adult first aid; (d) Cardiopulmonary resuscitation unless the policies of the assisted living community state that this procedure is not initiated by its staff, and that residents and prospective residents are informed of the policies; (e) Adult abuse and neglect; (f) Alzheimer's disease and other types of dementia; (g) Emergency procedures; (h) Aging process; (i) Assistance with activities of daily living and instrumental activities of daily living; (j) Particular needs or conditions if the assisted living community markets itself as providing special programming, staffing, or training on behalf of residents with particular needs or conditions; and (k) Assistance with self-administration of medication. (2) Assisted living community staff and management shall receive annual in-service education applicable to their assigned duties that addresses no fewer than four (4) of the topics listed in subsection (1) of this section, one (1) of which shall be Alzheimer's disease and other types of dementia. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 10, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 10, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 141, sec. 10, effective July 14, 2000.

KRS 194A.721 Exemptions from space and bathing facilities requirements for living units of certain assisted living communities

194A.721. Exemptions from space and bathing facilities requirements for living units of certain assisted living communities (1) Any assisted living community that was open or under construction on or before July 14, 2000, shall be exempt from the requirement that each living unit have a bathtub or shower. (2) Any assisted living community that was open or under construction on or before July 14, 2000, shall have a minimum of one (1) bathtub or shower for each five (5) residents. (3) Any assisted living community that was open or under construction on or before July 14, 2000, shall be exempt from the requirement that each living unit shall be at least two hundred (200) square feet for single occupancy, or for double occupancy if the room is shared with a spouse or another individual by mutual agreement. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 11, effective July 14, 2022. -- Created 2000 Ky. Acts ch. 141, sec. 11, effective July 14, 2000.

KRS 194A.722 Violations of standards and requirements are citations or deficiencies -- Limitation on civil monetary penalties -- Direction of fines to nursing incentive scholarship fund

194A.722. Violations of standards and requirements are citations or deficiencies -- Limitation on civil monetary penalties -- Direction of fines to nursing incentive scholarship fund (1) Violations of the administrative regulations, standards, and requirements set forth by the cabinet pursuant to KRS 194A.707 and the applicable provisions of KRS 216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765 shall be cited and referred to as citations or deficiencies and shall not be subject to or be categorized as Type A or Type B violations. (2) When an assisted living community self-reports to the cabinet facts or an event that constitute a violation of the administrative regulations, standards, and requirements set forth by the cabinet pursuant to KRS 194A.707 and the applicable provisions of KRS 216.515 to 216.525, 216.537 to 216.573, 216.590, and 216.765, the violation shall be shown on all related documents as having been reported to the cabinet by the assisted living community, and shall not be deemed a complaint. (3) Violations of the administrative regulations, standards, and requirements set forth by the cabinet shall present a direct or immediate relationship to the health, safety, or security of any resident. (4) A citation for a violation shall specify the time within which the violation is required to be corrected as approved or determined by the cabinet. If a violation is corrected within the time specified, no civil penalty shall be imposed. (5) Civil monetary penalties for violations of the administrative regulations, standards, and requirements set forth by the cabinet shall not be assessed in excess of five hundred dollars ($500) for each distinct violation. Civil monetary penalties shall not be assessed unless imminent danger to a resident is present that creates substantial risk of death or serious mental or physical harm. (6) In determining the amount of any civil monetary penalty to be imposed under this subsection, the cabinet shall consider at least the following: (a) The gravity of the violation, the severity of the actual harm, and the extent to which the provisions of the applicable statutes or administrative regulations were violated; (b) The reasonable diligence exercised by the licensee and efforts to correct violations; (c) The number and type of previous violations committed by the licensee; and (d) The amount of the imposed penalty necessary to ensure immediate and continued compliance. (7) An assisted living community that is assessed a civil monetary penalty shall have the amount of the penalty reduced by the dollar amount that the facility can verify was used to correct the deficiency if the condition resulting in the deficiency citation existed for less than thirty (30) days prior to the date of the citation. (8) All administrative fines collected by the cabinet pursuant to KRS 194A.700 to 194A.729 shall be deposited in the Kentucky nursing incentive scholarship fund created pursuant to KRS 314.025. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 24, effective July 14, 2022.

KRS 194A.723 Repealed, 2022

194A.723. Repealed, 2022 Catchline at repeal: Penalties for operating without certification. History: Repealed 2022 Ky. Acts ch. 20, sec. 42, effective July 14, 2022. -- Amended 2010 Ky. Acts ch. 36, sec. 11, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 12, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 166, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 12, effective July 14, 2000.

KRS 194A.724 Repealed, 2022

194A.724. Repealed, 2022 Catchline at repeal: Statements of danger -- Penalty for receipt. History: Repealed 2022 Ky. Acts ch. 20, sec. 42, effective July 14, 2022. -- Created 2010 Ky. Acts ch. 36, sec. 12, effective July 15, 2010.

KRS 194A.725 Religious orders exempt from KRS 194A.700 to 194A.729

194A.725. Religious orders exempt from KRS 194A.700 to 194A.729 Religious orders providing assistance with activities of daily living, instrumental activities of daily living, and self-administration of medication to vowed members residing in the order's retirement housing shall not be required to comply with the provisions of KRS 194A.700 to 194A.729. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 141, sec. 13, effective July 14, 2000.

KRS 194A.727 Ineligibility for licensure of businesses not in full compliance with KRS 194A.700 to 194A.729

194A.727. Ineligibility for licensure of businesses not in full compliance with KRS 194A.700 to 194A.729 Any business, not licensed or certified in another capacity, that complies with some provisions of KRS 194A.700 to 194A.729 but does not provide assisted living services shall not be eligible for licensure as an assisted living community under KRS 194A.700 to 194A.729. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 12, effective July 14, 2022. -- Created 2000 Ky. Acts ch. 141, sec. 14, effective July 14, 2000.

KRS 194A.729 Cabinet to provide information to lending institutions relative to financing for assisted living community projects -- Fee

194A.729. Cabinet to provide information to lending institutions relative to financing for assisted living community projects -- Fee If a person or business seeks financing for an assisted living community project, the cabinet shall provide written correspondence to the lender, upon request, to denote whether the architectural drawings and lease agreement conditionally comply with the provisions of KRS 194A.700 to 194A.729. The cabinet may promulgate administrative regulations to establish a fee that shall not exceed costs of the program to the cabinet, to be charged for the written correspondence to the lender. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 13, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 136, sec. 3, effective July 1, 2019. -- Amended 2007 Ky. Acts ch. 24, sec. 13, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 167, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 141, sec. 15, effective July 14, 2000.

KRS 194A.735 Homelessness Prevention Project -- Goals -- Support -- Timetables -- Participation -- Discharge plan -- Administrative regulations -- Data collection -- Reports -- Kentucky Interagency Council on Homelessness

194A.735. Homelessness Prevention Project -- Goals -- Support -- Timetables -- Participation -- Discharge plan -- Administrative regulations -- Data collection -- Reports -- Kentucky Interagency Council on Homelessness (1) Subject to sufficient funding, the Cabinet for Health and Family Services and the Justice and Public Safety Cabinet, in consultation with any other state agency as appropriate, shall develop and implement the Homelessness Prevention Project, which offers institutional discharge planning on a voluntary basis to: (a) Persons with serious mental illness, persons between the ages of eighteen (18) and twenty-five (25) who may be at risk of developing serious mental illness who are being released from a mental health facility operated or contracted by the cabinet, or persons with a history of multiple utilizations of health care, mental health care, or judicial systems; (b) Persons who are being released after serving out a sentence from any state-operated prison or persons who are being paroled from any state-operated prison; or (c) Persons who will be aging out of foster care or who have aged out of foster care. (2) The primary goal of the project shall be to prepare a limited number of persons in a foster home under supervision by the Cabinet for Health and Family Services, state-operated prisons under supervision by the Justice and Public Safety Cabinet, and mental health facilities operated or contracted by the Cabinet for Health and Family Services for return or reentry into the community, and to offer information about any necessary linkage of the person to needed community services and supports. (a) The project shall be jointly supported by each of the cabinets and managed under the direction of the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities, Division of Behavioral Health. (b) Subject to sufficient funding as provided by an executive branch budget bill, the Division of Behavioral Health shall select the Homelessness Prevention Project sites. These sites shall be in addition to and integrated with the site located in and serving Jefferson County and the site located in a community mental health center serving Clinton, Cumberland, McCreary, and Wayne Counties. (c) Within thirty (30) days of July 15, 2016, the cabinets shall supply the project director at each site with the collection of information on available employment, social, housing, educational, medical, mental health, and other community services in the county. The information shall include but not be limited to the service area of each public and private provider of services, the capacity of each provider to render services to persons served by the project, the fees of each provider, contact names and telephone numbers for each provider, and an emergency contact for each provider. (d) Within thirty (30) days of July 15, 2016, the cabinets and directors shall begin a program of education for each of the cabinet and foster home and mental health and appropriate state-operated prison facility staff who will participate in the development of a discharge plan for volunteer participants under this section. (3) The project shall operate on a voluntary basis. Persons eligible for discharge or completing their sentence or who are being paroled from any state-operated prison shall be offered the opportunity to participate in the project. This offer shall be made at least six (6) months prior to discharge. There shall be a cap on the number of persons served in each Homelessness Prevention Project office, to be determined by available funding and staffing requirements. (a) The staff member designated as the homelessness prevention coordinator for each foster home or mental health facility shall maintain a file for each volunteer participant in the foster home or mental health facility, relating to the participant's employment, social, housing, educational, medical, and mental health needs. This file shall be updated from time to time as appropriate and pursuant to an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A that establishes standards for the discharge summary. The staff member designated as the homelessness prevention coordinator for the appropriate state-operated prison participating in the project shall maintain a file containing appropriate forms completed and updated by each person voluntarily participating in the project, relating to the information provided under subsection (6) of this section. All applicable privacy and confidentiality laws shall be followed in assembling and maintaining this file. (b) Six (6) months prior to the expected date of discharge, the discharge coordinator for each foster home and mental health and state-operated prison facility shall contact the homelessness prevention director for the appropriate site where the volunteer participant chooses to locate following discharge about the pending release of the volunteer participant who is eligible for discharge from a foster home or mental health facility,who will have served out his or her sentence in a state-operated prison facility, or who is being paroled from any state-operated prison that is participating in the project. The director shall visit the home or facility, as appropriate, to assist with the preparation of the final comprehensive discharge plan. (c) The homelessness prevention director from the site where the participant chooses to locate and the discharge coordinator for each participating foster home and mental health and state-operated prison facility shall work together to develop a final comprehensive discharge plan that addresses the employment, health care, educational, housing, and other needs of the person to be released, subject to the consent of the person and the funding and staffing capabilities of the director. Information provided by the coordinator may include and be limited to, subject to the staffing and funding capabilities of the coordinator, information provided by the person to be released on a form or forms made available by the foster home or mental health or state-operated prison facility. The discharge plan shall contain but not be limited to the following: 1. Estimated discharge date from the foster home, state-operated prison facility, or mental health facility, or identification by a social service provider of a person who meets the criteria listed in subsection (1) of this section; 2. Educational background of the person to be released, including any classes completed or skills obtained by the person while in the foster home, state-operated prison facility, or mental health facility; 3. The person's medical and mental health needs; 4. Other relevant social or family background information; 5. A listing of previous attempts to arrange for post-release residence, employment, medical and mental health services, housing, education, and other community-based services for the person; and 6. Other available funding and public programs that may reimburse any services obtained from a provider listed in the discharge plan. Every effort shall be made in the discharge plan to refer the person to a provider that has agreed to an arranged public or private funding arrangement. No discharge plan shall be completed unless the written consent, consistent with state and federal privacy laws, to compile the information and prepare the plan has been given by the person eligible for release who has volunteered to participate in the project. (4) The homelessness prevention director from the site where the participant chooses to locate shall assist with the completion of a final comprehensive discharge plan that may include but need not be limited to the following: (a) Availability of appropriate housing, including but not limited to a twenty-four (24) month transitional program, supportive housing, or halfway house. Planning discharge to an emergency shelter is not appropriate to meet the housing needs of the person being discharged from foster care, a state-operated prison facility, or a mental health facility; (b) Access to appropriate treatment services for participants who require follow-up treatment; (c) Availability of appropriate employment opportunities, including assessment of vocational skills and job training; and (d) Identification of appropriate opportunities to further education. (5) Discharge planning shall be individualized, comprehensive, and coordinated with community-based services. (a) Each discharge plan shall create a continuous, coordinated, and seamless system that is designed to meet the needs of the person. (b) Staff of the foster home or facility and staff of community-based services providers shall be involved in the planning. (c) Each facility shall utilize, wherever possible, community-based services within the facility to establish familiarity of the person residing in the facility with the community services. (6) The Department of Corrections shall, through an administrative regulation promulgated in accordance with KRS Chapter 13A, develop a discharge plan that addresses the education; employment, technical, and vocational skills; and housing, medical, and mental health needs of a person who is to be released after serving out his or her sentence in a state-operated prison facility participating in the project. (7) Appropriate data about discharge placements and follow-up measures shall be collected and analyzed. The analysis shall be included in the interim and final reports of the project specified in subsection (8) of this section. (8) Each homelessness prevention director shall have regular meetings with appropriate state cabinet and agency staff to review the project and make recommendations for the benefit of the project. Each director shall be assisted by a local advisory council composed of local providers of services and consumer advocates who are familiar with homelessness prevention issues. Priority for membership on the advisory council shall be given to existing resources and regional mental health and substance abuse advisory councils at the discretion of the director. (9) Each cabinet shall collect data about the discharge plans, referrals, costs of services, and rate of recidivism related to the homelessness prevention project, and shall submit an annual report to the Governor and the Legislative Research Commission no later than October 1 that summarizes the data and contains recommendations for the improvement of the project. The annual report also shall be forwarded to the Kentucky Interagency Council on Homelessness. (10) (a) The Kentucky Interagency Council on Homelessness is hereby established to plan, develop, coordinate, and implement programs for the purpose of improving the well-being of homeless Kentuckians. The council shall be attached to the Homeless and Housing Coalition of Kentucky for administrative purposes. (b) The council shall include but not be limited to the following members: 1. The secretary of the Cabinet for Health and Family Services; 2. The executive director of the Homeless and Housing Coalition of Kentucky; 3. The chief executive officer of the Kentucky Housing Corporation; 4. The commissioner of the Kentucky Department of Veterans' Affairs; 5. The secretary of the Justice and Public Safety Cabinet; 6. The secretary of the Education and Labor Cabinet; 7. The secretary of the Transportation Cabinet; 8. The executive director of the Administrative Office of the Courts; 9. The state budget director; 10. A representative from the Kentucky Housing Association, representing public housing authorities, appointed by the Governor for a two (2) year term; and 11. An individual who has previously experienced homelessness and addiction, appointed by the Governor for a two (2) year term. (c) The chair of the council shall be appointed by the Governor for a two (2) year term and the vice chair shall be elected by the members of the council for a two (2) year term. (d) Members of the council who are not state employees shall be reimbursed for actual expenses incurred in the performance of their duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder. (e) The council shall have the following functions and duties: 1. To serve as the single statewide homeless planning and policy development resource for the Commonwealth of Kentucky; 2. To review, update, and recommend changes to Kentucky's Ten-Year Plan to End Homelessness and monitor its implementation; 3. To serve as a state clearinghouse for information on services and housing options for the homeless population; 4. To conduct other activities as appropriate and necessary; and 5. To report to the Governor and General Assembly as requested. Effective:July 1, 2022 History: Amended 2022 Ky. Acts ch. 236, sec. 95, effective July 1, 2022. -- Amended 2016 Ky. Acts ch. 41, sec. 1, effective July 15, 2016. -- Amended 2010 Ky. Acts ch. 141, sec. 10, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 220, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 168, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 147, sec. 1, effective July 13, 2004. Legislative Research Commission Note (7/13/2004). 2004 Ky. Acts ch. 147, sec. 2, provides that "development and implementation of the homelessness prevention pilot project in this Act shall be subject to sufficient funding for this project as provided in the Executive Branch Budget Bill."

KRS 194A.750 Renumbered as KRS 311.1947

KRS 194A.800 Pilot program -- Community pharmacy care for medication-assisted

194A.800. Pilot program -- Community pharmacy care for medication-assisted substance abuse therapy -- Components -- Report. (1) For the purposes of this section, "pilot program" means a program in a county or set of counties, or a subset or subsets of the population, as designated by the Cabinet for Health and Family Services and the Department for Behavioral Health, Developmental and Intellectual Disabilities. (2) A pilot program is established to analyze the outcomes and effectiveness of a community pharmacy care delivery model for medication-assisted therapy for treatment of substance abuse in order to ensure that the Commonwealth is: (a) Using approaches that have been shown to be effective; (b) Intervening early at important stages and transitions; and (c) Intervening in appropriate settings and domains. (3) Sources of data for the pilot program shall include, at a minimum, claims data from the Department for Medicaid Services, including claims data from Medicaid managed care organizations submitted to the Department for Medicaid Services. (4) As funds are available, the Cabinet for Health and Family Services shall initiate a pilot program to determine, collect, and analyze performance measurement data for a community pharmacy care delivery model for noncontrolled medication-assisted therapy as part of substance abuse treatment services to determine practices that increase access to treatment, reduce frequency of relapse, provide better outcomes for patients, and control health costs related to substance abuse treatment. Program components shall: (a) Use a community pharmacy care delivery model for noncontrolled medication-assisted therapy for the treatment of substance abuse, as authorized by the Kentucky Board of Pharmacy pursuant to KRS 315.010(25); (b) Include a wraparound services model that engages psychological and social support for the patient; (c) Establish collaborative relationships between detention facilities, drug courts, community pharmacists, and practitioners who provide psychosocial interventions to evaluate individuals' eligibility for participation in a community pharmacy care delivery model for noncontrolled medication- assisted therapy; and (d) Include pilot program data collection designed to inform the outcomes and effectiveness of a community pharmacy care delivery model for medication- assisted therapy for treatment of substance abuse. (5) By December 31, 2019, the Cabinet for Health and Family Services shall provide a joint report to the Legislative Research Commission and the Office of the Governor that: (a) Details the findings of the pilot program; and (b) Includes recommendations based on the pilot program's results for optimizing substance abuse treatment services provided in community pharmacies. Effective: July 14, 2018 History: Created 2018 Ky. Acts ch. 133, sec. 1, effective July 14, 2018.

KRS 194A.990 Penalties

194A.990. Penalties (1) (a) Any person who violates the provisions of KRS 194A.505(1), (2), or (7) shall be guilty of a Class B misdemeanor unless: 1. The sum total of benefits received in excess of that to which the person was entitled at the time of the offense was committed is valued at five hundred dollars ($500) or more but less than one thousand dollars ($1,000), in which case it is a Class A misdemeanor; 2. The sum total of benefits received in excess of that to which the person was entitled at the time the offense was committed is valued at or above one thousand dollars ($1,000) in which case it is a Class D felony; or 3. The person has three (3) or more convictions under subparagraph 1. of this paragraph within the last five (5) years, in which case it is a Class D felony. The five (5) year period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered. (b) If any person commits two (2) or more separate violations of the provisions of KRS 194A.505(1), (2), or (7) within ninety (90) days, the offenses may be combined and treated as a single offense, and the value of the property in each offense may be aggregated for the purpose of determining the appropriate charge. (2) Any person who violates KRS 194A.505(3) shall be guilty of a Class D felony. (3) Any person who violates the provisions of KRS 194A.505(4) or (5) shall be guilty of a Class C felony. (4) Any person who violates the provisions of KRS 194A.505(6) shall be guilty of a Class D felony, unless the purpose of the violation is to obtain ten thousand dollars ($10,000) or more, in which case it shall be a Class C felony. (5) Any person who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, forfeit and pay a civil penalty of payment to the cabinet in the amount of all benefits and payments to which the person was not entitled. (6) Any provider who violates KRS 194A.505(1) to (6) shall, in addition to any other penalties provided by law, including the penalty set forth in subsection (5) of this section, forfeit and pay civil penalties of: (a) Payment to the State Treasury's general revenue fund in an amount equal to three (3) times the amount of the benefits and payments to which the person was not entitled; and (b) Payment to the State Treasury's general revenue fund of all reasonable expenses that the court determines have been necessarily incurred by the state in the enforcement of this section. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 66, sec. 1, effective June 29, 2021. -- Created 1998 Ky. Acts ch. 426, sec. 28, effective July 15, 1998.

KRS 194A.3821 Local government youth day camp -- License, permit, background checks

194A.3821. Local government youth day camp -- License, permit, background checks (1) A local government youth day camp shall not be required: (a) To be licensed as a child care center as defined in KRS 199.894; or (b) To obtain a permit under KRS 211.180. (2) A local government youth day camp shall comply with background checks required under KRS 194A.382. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 90, sec. 4, effective June 29, 2021.

KRS 194A.7052 Additional services of assisted living community with dementia care -- Resident evaluation -- Activities -- Support services -- Access to secured outdoor space

194A.7052. Additional services of assisted living community with dementia care -- Resident evaluation -- Activities -- Support services -- Access to secured outdoor space (1) In addition to the minimum services required in KRS 194A.705, an assisted living community with dementia care shall also provide: (a) Assistance with activities of daily living that address the needs of each resident with dementia; (b) Nonpharmacological practices that are person-centered and evidence- informed; (c) Informational services educating persons living with dementia and their legal and designated representatives about transitions in care and expectations of residents while in care; (d) Social activities offered on or off the premises of the licensed assisted living community with dementia care that provide residents with opportunities to engage with other residents and the broader community; and (e) Basic health and health-related services. (2) Each resident shall be evaluated for engagement in activities. The evaluation shall address: (a) Past and current interests; (b) Current abilities and skills; (c) Emotional and social needs and patterns; (d) Physical abilities and limitations; (e) Adaptations necessary for residents to participate; and (f) Identification of activities for behavioral interventions. (3) An individualized activity plan shall be developed for each resident based on his or her activity evaluation. The plan shall reflect the resident's activity preferences and needs. (4) A selection of daily structured and non-structured activities shall be provided and included on the resident's activity service or care plan as appropriate. Daily activity options based on the resident evaluation may include but are not limited to: (a) Occupation or chore related tasks; (b) Scheduled and planned events; (c) Spontaneous activities for enjoyment or to help defuse a behavior; (d) One-to-one activities that promote personal interactions between residents and staff; (e) Spiritual, creative, and intellectual activities; (f) Sensory stimulation activities; (g) Physical activities; and (h) Outdoor activities. (5) Behavioral symptoms that negatively impact the resident and others in the assisted living community with dementia care shall be evaluated and included on the service plan. The staff shall initiate and coordinate outside consultation or acute care when indicated. (6) Support services shall be offered to family and others with significant relationships on a regularly scheduled basis but not less than every six (6) months. (7) Subject to appropriate weather, time of day, and other environmental or resident- specific considerations as determined by staff, access to secured outdoor space and walkways allowing residents to enter the secured outdoor space and return to the building without staff assistance shall be provided. This subsection shall only apply to secured dementia care units constructed after July 14, 2022. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 20, effective July 14, 2022.

KRS 194A.7061 Assisted living community with dementia care licensure criteria -- Exception -- Inspections

194A.7061. Assisted living community with dementia care licensure criteria -- Exception -- Inspections (1) An applicant for licensure as an assisted living community with dementia care shall have the ability to provide services in a manner that is consistent with the requirements in this section. The cabinet shall consider the following criteria for licensure, including but not limited to: (a) The education and experience of the applicant or its principals in managing residents with dementia or other dementia illnesses and disorders; and (b) The compliance history of the applicant in the operation of any care facility licensed, certified, or registered under federal or state law. (2) If the applicant or its principals do not have experience in managing residents with dementia, the applicant shall employ or contract with a consultant pursuant to terms determined by the applicant and consultant for at least the first six (6) months of operation. The consultant shall make recommendations on providing dementia care services consistent with the requirements of this chapter. The consultant shall: (a) Possess two (2) years of work experience related to dementia, health care, gerontology, or an associated field; and (b) Have completed at least the core training required by KRS 194A.7205. (3) The applicant shall document an acceptable plan to address the consultant's identified concerns and shall either implement the recommendations or document in the plan any consultant recommendations that the applicant chooses not to implement. The cabinet shall review the applicant's plan upon request. (4) Subsections (1), (2), and (3) of this section apply only to the initial licensure of assisted living communities with dementia care and do not apply to existing dementia units in operation as of July 14, 2022. (5) The cabinet shall conduct an on-site inspection prior to the issuance of an assisted living community with dementia care license. An on-site inspection of an existing secured dementia care unit licensed as part of a certified assisted living community or a licensed personal care home that is conducted prior to the initial issuance of an assisted living community with dementia care license shall be for the purpose of ensuring compliance with the physical environment requirements. (6) The license shall be inscribed as an "Assisted Living Community with Dementia Care." Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 14, effective July 14, 2022.

KRS 194A.7063 Voluntary relinquishment of license -- Obligations

194A.7063. Voluntary relinquishment of license -- Obligations A licensee shall notify the cabinet in writing at least sixty (60) calendar days prior to the voluntary relinquishment of an assisted living community with dementia care license. For voluntary relinquishment, the facility shall: (1) Give all residents and their designated and legal representatives sixty (60) calendar days' notice. The notice shall include: (a) The proposed effective date of the relinquishment; (b) Changes in staffing; (c) Changes in services, including the elimination or addition of services; and (d) Changes in staff training when the relinquishment becomes effective; (2) Submit a transitional plan to the cabinet demonstrating how the current residents shall be evaluated and assessed to reside in other housing settings that are not an assisted living community with dementia care, that are physically unsecured, or that would require move-out or transfer to other settings; (3) Change service or care plans as appropriate to address any needs the residents may have with the transition; (4) Notify the cabinet when the relinquishment process has been completed; and (5) Revise advertising materials and disclosure information to remove any reference that the facility is an assisted living community with dementia care. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 15, effective July 14, 2022.

KRS 194A.7065 Assisted living community with dementia care responsibilities

194A.7065. Assisted living community with dementia care responsibilities (1) A licensee of an assisted living community with dementia care is responsible for: (a) The care and housing of persons with dementia; (b) The provision of person-centered care that promotes each resident's dignity, independence, and comfort; and (c) The supervision, training, and overall conduct of the staff. (2) A licensee shall follow the assisted living license requirements and the criteria in KRS 194A.700 to 194A.729. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 16, effective July 14, 2022.

KRS 194A.7201 Continuing education requirements for manager of assisted living community with dementia care license

194A.7201. Continuing education requirements for manager of assisted living community with dementia care license (1) The assisted living manager of an assisted living community with dementia care shall complete at least ten (10) hours of annual continuing education that relate to the care of individuals with dementia. (2) Annual continuing education topics shall include: (a) Medical management of dementia; (b) Creating and maintaining supportive and therapeutic environments for residents with dementia; and (c) Transitioning and coordinating services for residents with dementia. (3) The continuing education requirements may be fulfilled by the following: (a) College courses; (b) Preceptor credits; (c) Self-directed activities; (d) Course instructor credits; (e) Corporate training; (f) In-service training; (g) Professional association training; (h) Web-based training; (i) Correspondence courses; (j) Telecourses; (k) Seminars; and (l) Workshops. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 17, effective July 14, 2022.

KRS 194A.7203 Person-centered care approach for dementia-trained staff -- Staffing levels -- Emergencies -- Staff trainer experience requirements -- Methods of instruction

194A.7203. Person-centered care approach for dementia-trained staff -- Staffing levels -- Emergencies -- Staff trainer experience requirements -- Methods of instruction (1) An assisted living community with dementia care shall assign dementia-trained staff who have been instructed in the person-centered care approach for all residents. All direct care staff assigned to care for residents with dementia shall be trained to work with residents with Alzheimer's disease and other related dementia illnesses and disorders. (2) Only staff trained as required by KRS 194A.7205 shall be assigned to care for dementia residents. (3) Staffing levels shall be sufficient to meet the scheduled needs of residents. During nighttime hours, staffing levels shall be based on the sleep patterns and needs of residents. (4) In an emergency and when trained staff are not available, the assisted living community may assign staff who have not completed the required training. The emergency situation shall be documented and shall address: (a) The nature of the emergency; (b) The duration of the emergency; and (c) The names and positions of staff who provided coverage and assistance. (5) The licensee shall ensure that staff who provide support for residents with dementia demonstrate a basic understanding and ability to apply dementia training to the residents' emotional and unique health care needs using person-centered planning delivery. (6) Persons in charge of staff training shall have the following experience and credentials: (a) Two (2) years of combined education and work experience related to Alzheimer's disease or other dementia illnesses and disorders, or in health care, gerontology, or another related field; (b) Completion of training equivalent to the requirements in KRS 194A.7205; and (c) A passing score on a skills competency or knowledge test the licensee selected or developed. (7) Orientation and in-service training may include various methods of instruction, including but not limited to classroom style, Web-based training, video, or one-to- one training. The licensee shall use a method for determining and documenting each staff person's knowledge and understanding of the training provided. All training shall be documented. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 19, effective July 14, 2022.

KRS 194A.7205 Training requirements for assisted living community with dementia care -- Documentation

194A.7205. Training requirements for assisted living community with dementia care -- Documentation In addition to the training required for all assisted living communities, an assisted living community with dementia care shall meet the following training requirements for staff who work on its secured dementia care unit: (1) All staff shall receive at least eight (8) hours of dementia-specific orientation within the first thirty (30) days of working in the secured dementia care unit. Until this initial training is complete, an employee shall not provide direct care unless there is another employee on site who has completed the initial eight (8) hours of training on topics related to dementia care and who can act as a resource and assist as needed. The orientation shall include: (a) Information about the nature, progression, and management of Alzheimer's and other dementia illnesses and disorders; (b) Methods for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementia illnesses and disorders; (c) Methods for identifying and minimizing safety risks to residents with Alzheimer's and other dementia illnesses and disorders; and (d) Methods for communicating with individuals with Alzheimer's and other dementia illnesses and disorders; (2) All direct care staff members shall also receive orientation training within the first thirty (30) days of caring for residents that includes at a minimum: (a) General training, including: 1. Development and implementation of comprehensive and individual service plans; 2. Skills for recognizing physical and cognitive changes in residents; 3. General infection control principles; and 4. Emergency preparedness training; and (b) Specialized training in dementia care, including: 1. The nature of Alzheimer's and other dementia illnesses and disorders; 2. The unit's philosophy related to the care of residents with Alzheimer's and other dementia illnesses and disorders; 3. The unit's policies and procedures related to the care of residents with Alzheimer's and other dementia illnesses and disorders; 4. Behavioral problems commonly found in residents with Alzheimer's and other dementia illnesses and disorders; 5. Positive therapeutic interventions and activities; 6. Skills for maintaining the safety of the residents; and 7. The role of family in caring for residents with Alzheimer's and other dementia illnesses and disorders; (3) Direct care staff shall complete a minimum of sixteen (16) hours of specialized training in dementia care within the first thirty (30) days of working independently with residents with Alzheimer's or other dementia illnesses and disorders, and a minimum of eight (8) hours of specialized training in dementia care annually thereafter; (4) The secured dementia care unit shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided; and (5) Completion of orientation and training required pursuant to this section and KRS 194A.719 shall be deemed to satisfy the requirements of KRS 216B.072. Effective: July 14, 2022 History: Created 2022 Ky. Acts ch. 20, sec. 21, effective July 14, 2022.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38056Fetched: 10/20/2026