Certificate-of-need requirement for Level II psychiatric residential treatment facilities -- Beds and locations permitted -- Contents of certificate application -- Criteria -- Staffing requirements -- Criminal records check -- Treatment plan -- Duties of Level II facility -- Administrative regulations -- Annual report
KRS 216B.457
in effect216B.457. Certificate-of-need requirement for Level II psychiatric residential treatment facilities -- Beds and locations permitted -- Contents of certificate application -- Criteria -- Staffing requirements -- Criminal records check -- Treatment plan -- Duties of Level II facility -- Administrative regulations -- Annual report
(1) A certificate of need shall be required for all Level II psychiatric residential treatment facilities. The need criteria for the establishment of Level II psychiatric residential treatment facilities shall be in the state health plan.
(2) An application for a certificate of need for Level II psychiatric residential treatment facilities shall not exceed fifty (50) beds. Level II facility beds may be located in a separate part of a psychiatric hospital, a separate part of an acute care hospital, or a Level I psychiatric residential treatment facility if the Level II beds are located on a separate floor, in a separate wing, or in a separate building. A Level II facility shall not refuse to admit a patient who meets the medical necessity criteria and facility criteria for Level II facility services. Nothing in this section and KRS 216B.450 and 216B.455 shall be interpreted to prevent a psychiatric residential treatment facility from operating both a Level I psychiatric residential treatment facility and a Level II psychiatric residential treatment facility.
(3) The application for a Level II psychiatric residential treatment facility certificate of need shall include formal written agreements of cooperation that identify the nature and extent of the proposed working relationship between the proposed Level II psychiatric residential treatment facility and each of the following agencies, organizations, or entities located in the servi ce area of the proposed facility:
(a) Regional interagency council for children with emotional disability or severe emotional disability created under KRS 200.509;
(b) Community board for mental health or individuals with an intellectual disability established under KRS 210.380;
(c) Department for Community Based Services;
(d) Local school districts;
(e) At least one (1) psychiatric hospital; and
(f) Any other agency, organization, or entity deemed appropriate by the cabinet.
(4) The application for a certi ficate of need shall include:
(a) The specific number of beds proposed for each age group and the specific, specialized program to be offered;
(b) An inventory of current services in the proposed service area; and
(c) Clear admission and discharge criteria, including age, sex, and other limitations.
(5) All Level II psychiatric residential treatment facilities shall comply with the licensure requirements as set forth in KRS 216B.105.
(6) All Level II psychiatric residential treatment facilities shall be certified by the Joint Commission, the Council on Accreditation of Services for Families and Children, or any other accrediting body with comparable s tandards that are recognized by the Centers for Medicare and Medicaid Services.
(7) A Level II psychiatric residential treatment facility shall be under the clinical supervision of a qualified mental health professional with training or experience in mental health treatment of children and youth.
(8) Treatment services shall be provided by qualified mental health professionals or qualified mental health personnel. Individual staff who will provide educational programs shall meet the employment standards outlined by the Kentucky Board of Education and the Education Professional Standards Board.
(9) A Level II psychiatric residential treatment facility shall meet the following requirements with regard to professional staff:
(a) A licensed psychiatrist, who is board-eligible or board-certified as a child or adult psychiatrist, shall be employed or contracted to meet the treatment needs of the residents and the functions that shall be performed by a psychiatrist;
(b) If a Level II psychiatric residential treatment facility has residents ages twelve
(12) and under, the licensed psychiatrist shall be a board-eligible or board- certified child psychiatrist; and
(c) The licensed psychiatrist shall be present in the facility to provide professional services to the facility's residents at least weekly.
(10) A Level II psychiatric residential treatment facility shall:
(a) Prepare a written staffing plan that is tailored to meet the needs of the specific population of children and youth that will be admitted to the facility based on the facility's admission criteria. The written staffing plan shall include but not be limited to the following: 1. Specification of the direct care per-patient staffing ratio that the facility shall adhere to during waking hours and during sleeping hours; 2. Delineation of the number of direct care staff per patient, including the types of staff and the mix and qualifications of qualified mental health professionals and qualified mental health personnel, that shall provide direct care and will comprise the facility's per-patient staffing ratio; 3. Specification of appropriate qualifications for individuals included in the per-patient staffing ratio by job description, education, training, and experience; 4. Provision for ensuring compliance with its written staffing plan, and specification of the circumstances under which the facility may deviate from the per-patient staffing ratio due to patient emergencies, changes in patient acuity, or changes in patient census; and 5. Provision for submission of the written staffing plan to the cabinet for approval as part of the facility's application for initial licensure. No initial license to operate as a Level II psychiatric residential treatment facility shall be granted until the cabinet has approved the facility's written staffing plan. Once a facility is licensed, it shall comply with its approved written staffing plan and, if the facility desires to change its approved per- patient staffing ratio, it shall submit a revised plan and have the plan approved by the cabinet prior to implementation of the change;
(b) Require full-time professional and direct care staff to meet the continuing education requirements of their profession or be provided with forty (40) hours per year of in-service training; and
(c) Develop and implement a training plan for all staff that includes but is not limited to the following: 1. Behavior-management procedures and techniques; 2. Physical-management procedures and techniques; 3. First aid; 4. Cardiopulmonary resuscitation; 5. Infection-control procedures; 6. Child and adolescent growth and development; 7. Training specific to the specialized nature of the facility; 8. Emergency and safety procedures; and 9. Detection and reporting of child abuse and neglect.
(11) A Level II psychiatric residential treatment facility shall require a criminal records check to be completed on all employees and volunteers. The employment or volunteer services of an individual shall be governed by KRS 17.165, with regard to a criminal records check. A new criminal records check shall be completed at least every two (2) years on each employee or volunteer.
(12) (a) Any employee or volunteer who has committed or is charged with the commission of a violent offense as specified in KRS 439.3401, a sex crime specified in KRS 17.500, or a criminal offense against a victim who is a minor as specified in KRS 17.500 shall be immediately removed from contact with a child within the residential treatment center until the employee or volunteer is cleared of the charge.
(b) An employee or volunteer under indictment, legally charged with felonious conduct, or subject to a cabinet investigation shall be immediately removed from contact with a child.
(c) The employee or volunteer shall not be allowed to work with the child until a prevention plan has been written and approved by the cabinet, the person is cleared of the charge, or a cabinet investigation reveals an unsubstantiated finding, if the charge resulted from an allegation of child abuse, neglect, or exploitation.
(d) Each employee or volunteer shall submit to a check of the central registry. An individual listed on the central registry shall not be a volunteer at or be employed by a Level II psychiatric residential treatment facility.
(e) Any employee or volunteer removed from contact with a child pursuant to this subsection may, at the discretion of the employer, be terminated, reassigned to a position involving no contact with a child, or placed on administrative leave with pay during the pendency of the investigation or proceeding.
(13) An initial treatment plan of care shall be developed and implemented for each resident, and the plan of care shall be based on initial history and ongoing assessment of the resident's needs and strengths, with an emphasis on active treatment, transition planning, and after-care services, and shall be completed within seventy-two (72) hours of admission.
(14) A comprehensive treatment plan of care shall be developed and implemented for each resident, and the plan of care shall be based on initial history and ongoing assessment of the resident's needs and strengths, with an emphasis on active treatment, transition planning, and after-care services, and shall be completed within ten (10) calendar days of admission.
(15) A review of the treatment plan of care shall occur at least every thirty (30) days following the first ten (10) days of treatment and shall include the following documentation:
(a) Dated signatures of appropriate staff, parent, guardian, legal custodian, or conservator;
(b) An assessment of progress toward each treatment goal and objective with revisions as indicated; and
(c) A statement of justification for the level of services needed, including suitability for treatment in a less-restrictive environment and continued services.
(16) A Level II psychiatric residential treatment facility shall provide or arrange for the provision of qualified dental, medical, nursing, and pharmaceutical care for residents. The resident's parent, guardian, legal custodian, or conservator may choose a professional for nonemergency services.
(17) A Level II psychiatric residential treatment facility shall ensure that opportunities are provided for recreational activities that are appropriate and adapted to the needs, interests, and ages of the residents.
(18) A Level II psychiatric residential treatment facility shall assist residents in the independent exercise of health, hygiene, and grooming practices.
(19) A Level II psychiatric residential treatment facility shall assist each resident in securing an adequate allowance of personally owned, individualized, clean, and seasonal clothes that are the correct size.
(20) A Level II psychiatric residential treatment facility shall assist, educate, and encourage each resident in the use of dental, physical, or prosthetic appliances or devices and visual or hearing aids.
(21) The cabinet shall promulgate administrative regulations that include but are not limited to the following:
(a) Establishing requirements for tuberculosis skin testing for staff of a Level II psychiatric residential treatment facility;
(b) Ensuring that accurate, timely, and complete resident assessments are conducted for each resident of a Level II psychiatric residential treatment facility;
(c) Ensuring that accurate, timely, and complete documentation of the implementation of a resident's treatment plan of care occurs for each resident of a Level II psychiatric residential treatment facility;
(d) Ensuring that an accurate, timely, and complete individual record is maintained for each resident of a Level II psychiatric residential treatment facility;
(e) Ensuring that an accurate, timely, and complete physical examination is conducted for each resident of a Level II psychiatric residential treatment facility;
(f) Ensuring accurate, timely, and complete access to emergency services is available for each resident of a Level II psychiatric residential treatment facility; and
(g) Ensuring that there is accurate, timely, and complete administration of medications for each resident of a Level II psychiatric residential treatment facility.
(22) The cabinet shall, within ninety (90) days of July 15, 2010, promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and KRS 216B.450 and 216B.455. When promulgating the administrative regulations, the cabinet shall not consider onl y staffing ratios when evaluating the written staffing plan of an applicant, but shall consider the applicant's overall ability to provide for the needs of patients.
(23) The cabinet shall report, no later than August 1 of each year, to the Interim Joint Committee on Health Services regarding the implementation of this section and KRS 216B.450 and 216B.455. The report shall include but not be limited to information relating to resident outcomes, such as lengths of stay in the facility, locations residents were discharged to, and whether residents were readmitted to a Level II psychiatric residential treatment facility within a twelve (12) month period.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 25, sec. 31, effective June 29, 2023. -- Amended 2015 Ky. Acts ch. 9, sec. 6, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 108, effective July 12, 2012. -- Created 2010 Ky. Acts ch. 7, sec. 3, effective July 15, 2010.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53704Fetched: 10/20/2026