For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

LICENSURE AND REGULATION OF HEALTH FACILITIES AND SERVICES

KRS tit. XVIII, ch. 216B
in effect

KRS 216B.010 Legislative findings and purposes

216B.010. Legislative findings and purposes The General Assembly finds that the licensure of health facilities and health services is a means to insure that the citizens of this Commonwealth will have safe, adequate, and efficient medical care; that the proliferation of unnecessary health-care facilities, health services, and major medical equipment results in costly duplication and underuse of such facilities, services, and equipment; and that such proliferation increases the cost of quality health care within the Commonwealth. Therefore, it is the purpose of this chapter to fully authorize and empower the Cabinet for Health and Family Services to perform any certificate-of-need function and other statutory functions necessary to improve the quality and increase access to health-care facilities, services, and providers, and to create a cost- efficient health-care delivery system for the citizens of the Commonwealth. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 504, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 448, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 371, sec. 36, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 22, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 4, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 1, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 1, effective July 15, 1980.

KRS 216B.015 Definitions for chapter

216B.015. Definitions for chapter Except as otherwise provided, for purposes of this chapter, the following definitions shall apply: (1) "Abortion facility" means any place in which an abortion is performed; (2) "Administrative regulation" means a regulation adopted and promulgated pursuant to the procedures in KRS Chapter 13A; (3) "Affected persons" means the applicant; any person residing within the geographic area served or to be served by the applicant; any person who regularly uses health facilities within that geographic area; health facilities located in the health service area in which the project is proposed to be located which provide services similar to the services of the facility under review; health facilities which, prior to receipt by the agency of the proposal being reviewed , have formally indicated an intention to provide similar services in the future; and the cabinet and third -party payors who reimburse health facilities for services in the health service area in which the project is proposed to be located; (4) (a) "Ambulatory surgical center" means a health facility: 1. Licensed pursuant to administrative regulations promulgated by the cabinet; 2. That provides outpatient surgical services, excluding oral or dental procedures; and 3. Seeking recognition and reimbursement as an ambulatory surgical center from any federal, state, or third -party insurer from which payment is sought. (b) An ambulatory surgical center does not include the private offices of physicians where in -office outpat ient surgical procedures are performed as long as the physician office does not seek licensure, certification, reimbursement, or recognition as an ambulatory surgical center from a federal, state, or third -party insurer. (c) Nothing in this subsection shal l preclude a physician from negotiating enhanced payment for outpatient surgical procedures performed in the physician's private office so long as the physician does not seek recognition or reimbursement of his or her office as an ambulatory surgical cente r without first obtaining a certificate of need or license required under KRS 216B.020 and 216B.061; (5) "Applicant" means any physician's office requesting a major medical equipment expenditure exceeding the capital expenditure minimum, or any person, hea lth facility, or health service requesting a certificate of need or license; (6) "Cabinet" means the Cabinet for Health and Family Services; (7) "Capital expenditure" means an expenditure made by or on behalf of a health facility which: (a) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance or is not for investment purposes only; or (b) Is made to obtain by lease or comparable arrangement any facility or part thereof or any equipment for a facility or part thereof; (8) "Capital expenditure minimum" means the annually adjusted amount set by the cabinet. In determining whether an expenditure exceeds the expenditure minimum, the cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the improvement, expansion, or replacement of any plant or any equipment with respect to which the expenditure is made shall be included. Donations of equipment or facilities to a health facility which if acquired directly by the facility would be subject to review under this chapter shall be considered a capital expenditure, and a transfer of the equipment or facilities for less than fair market value shall be considered a capital expenditure if a transfer of the equipment or facilities at fair market value would be subject to review; (9) "Certificate of need" means an authorization by the cabinet to acquire, to establish, to offer, to substantially change the bed capacity, or to substantially change a health service as covered by this chapter; (10) "Certified surgical assistant" means a certified surgical assistant or certified first assistant who is certified by the National Surgical Assistant Association on the Certification of Surgical Assistants, the Liaison Council on Certification of Surgical Technologists, or the American Board of Surgical Assistants. The certified surgical assistant is an unlicensed health-care provider who is directly accountable to a physician licensed under KRS Chapter 311 or, in the absence of a physician, to a registered nurse licensed under KRS Chapter 314; (11) "Continuing care retirement community" means a community that provides, on the same campus, a continuum of residential living options and support services to persons sixty (60) years of age or older under a written agreement. The residential living options shall include independent living units, nursing home beds, and either assisted living units or personal care beds; (12) "Formal review process" means the ninety (90) day certificate-of-need review conducted by the cabinet; (13) "Health facility" means any institution, place, building, agency, or portion thereof, public or private, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care and includes alcohol abuse, drug abuse, and mental health services. This shall include but shall not be limited to health facilities and health services commonly referred to as hospitals, psychiatric hospitals, physical rehabilitation hospitals, chemical dependency programs, nursing facilities, nursing homes, personal care homes, intermediate care facilities, assisted living communities, family care homes, outpatient clinics, ambulatory care facilities, ambulatory surgical centers, emergency care centers and services, ambulance providers, hospices, community mental health centers, home health agencies, kidney disease treatment centers and freestanding hemodialysis units, freestanding birthing centers as defined in KRS 216B.198, and others providing similarly organized services regardless of nomenclature; (14) "Health services" means clinically related services provided within the Commonwealth to two (2) or more persons, including but not limited to diagnostic, treatment, or rehabilitative services, and includes alcohol, drug abuse, and mental health services; (15) "Independent living" means the provision of living units and supportive services, including but not limited to laundry, housekeeping, maintenance, activity direction, security, dining options, and transportation; (16) "Intraoperative surgical care" includes the practice of surgical assisting in which the certified surgical assistant or physician assistant is working under the direction of the operating physician as a first or second assist, and which may include the following procedures: (a) Positioning the patient; (b) Preparing and draping the patient for the operative procedure; (c) Observing the operative site during the operative procedure; (d) Providing the best possible exposure of the anatomy incident to the operative procedure; (e) Assisting in closure of incisions and wound dressings; and (f) Performing any task, within the role of an unlicensed assistive person, or if the assistant is a physician assistant, performing any task within the role of a physician assistant, as required by the operating physician incident to the particular procedure being performed; (17) "Major medical equipment" means equipment which is used for the provision of medical and other health services and which costs in excess of the medical equipment expenditure minimum. In determining whether medical equipment has a value in excess of the medical equipment expenditure minimum, the value of studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of the equipment shall be included; (18) "Nonsubstantive review" means an expedited review conducted by the cabinet of an application for a certificate of need as aut horized under KRS 216B.095; (19) "Nonclinically related expenditures" means expenditures for: (a) Repairs, renovations, alterations, and improvements to the physical plant of a health facility which do not result in a substantial change in beds, a substant ial change in a health service, or the addition of major medical equipment, and do not constitute the replacement or relocation of a health facility; or (b) Projects which do not involve the provision of direct clinical patient care, including but not limited to the following: 1. Parking facilities; 2. Telecommunications or telephone systems; 3. Management information systems; 4. Ventilation systems; 5. Heating or air conditioning, or both; 6. Energy conservation; or 7. Administrative offices; (20) "Party to the proceedings" means the applicant for a certificate of need and any affected person who appears at a hearing on the matter under consideration and enters an appearance of record; (21) "Perioperative nursing" means a practice of nursing in which the nurse provides preoperative, intraoperative, and postoperative nursing care to surgical patients; (22) "Person" means an individual, a trust or estate, a partnership, a corporation, an association, a group, state, or political subdivision or instrumentality including a municipal corporation of a state; (23) "Physician assistant" means the same as the definition provided in KRS 311.550; (24) "Record" means, as applicable in a particular proceeding: (a) The application and any information provided by the applicant at the request of the cabinet; (b) Any information provided by a holder of a certificate of need or license in response to a notice of revocation of a certificate of need or license; (c) Any memoranda or documents prepared by or for the cabinet regarding the matter under review which were introduced at any hearing; (d) Any staff reports or recommendations prepared by or for the cabinet; (e) Any recommendation or decision of the cabinet; (f) Any testimony or documentary evidence adduced at a hearing; (g) The findings of fact and opinions of the cabinet or the findings of fact and recommendation of the hearing officer; and (h) Any other items required by administrative regulations promulgated by the cabinet; (25) "Registered nurse first assistant" means one who: (a) Holds a current active registered nurse licensure; (b) Is certified in perioperative nursing; and (c) Has successfully completed and holds a degree or certificate from a recognized program, which shall consist of: 1. The Association of Operating Room Nurses, Inc., Core Curriculum for the registered nurse first assistant; and 2. One (1) year of postbasic nursing study, which shall include at least forty-five (45) hours of didactic instruction and one hundred twenty (120) hours of clinical internship or its equivalent of two (2) college semesters. A registered nurse who was certified prior to 1995 by the Certification Board of Perioperative Nursing shall not be required to fulfill the requirements of paragraph (c) of this subsection; (26) "Secretary" means the secretary of the Cabinet for Health and Family Services; (27) "Sexual assault examination facility" means a licensed health facility, emergency medical facility, primary care center, or a children's advocacy center or rape crisis center that is regulated by the Cabinet for Health and Family Ser vices, and that provides sexual assault examinations under KRS 216B.400; (28) "State health plan" means the document prepared triennially, updated annually, and approved by the Governor; (29) "Substantial change in a health service" means: (a) The addition of a health service for which there are review criteria and standards in the state health plan; or (b) The addition of a health service subject to licensure under this chapter; (30) "Substantial change in bed capacity" means the addition or reduction of beds by licensure classification within a health facility; (31) "Substantial change in a project" means a change made to a pending or approved project which results in: (a) A substantial change in a health service, except a reduction or termination of a health service; (b) A substantial change in bed capacity, except for reductions; (c) A change of location; or (d) An increase in costs greater than the allowable amount as prescribed by regulation; (32) "To acquire" means to obtain from another by purchase, transfer, lease, or other comparable arrangement of the controlling interest of a capital asset or capital stock, or voting rights of a corporation. An acquisition shall be deemed to occur when more than fifty percent (50%) of an existing capital asset or capital stock or voting rights of a corporation is purchased, transferred, leased, or acquired by comparable arrangement by one (1) person from another person; (33) "To batch" means to review in the same review cycle and, if applicable, give comparative consideration to all filed applications pertaining to similar types of services, facilities, or equipment affecting the same health service area; (34) "To establish" means to construct, develop, or initiate a health facility; (35) "To obligate" means to enter any enforceable contract for the construction, acquisition, lease, or financing of a capital asset. A contract shall be considered enforceable when all contingencies and conditions in the contract have been met. An option to purchase or lease which is not binding shall not be considered an enforceable contract; and (36) "To offer" means, when used in connection with health services, to hold a health facility out as capable of providing, or as having the means of providing, specified health services. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 2, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 20, sec. 39, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 143, sec. 9, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 103, sec. 1, effective July 12, 2012; and ch. 146, sec. 106, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 60, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 36, sec. 1, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 96, sec. 1, effective July 14, 2000; ch. 142, sec. 5, effective July 14, 2000; ch. 264, sec. 1, effective July 14, 2000; and ch. 538, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 449, effective July 15, 1998; and ch. 582, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 233, sec. 8, effective July 15, 1996; and ch. 371, sec. 37, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 23, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 235, sec. 6, effective July 13, 1990; and ch. 499, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 5, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 2, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 2, effective July 15, 1980. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act.

KRS 216B.017 Health facility not to discriminate against physician on basis of degree in medicine or osteopathy

216B.017. Health facility not to discriminate against physician on basis of degree in medicine or osteopathy Notwithstanding any other provision of law, no health facility licensed in the Commonwealth shall discriminate with respect to employment, staff, privileges, or the provision of professional services against a physician licensed to practice medicine on the basis of whether the physician holds a medical doctor (M.D.) or doctor of osteopathy (D.O.) degree. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 413, sec. 3, effective July 14, 2000.

KRS 216B.020 Certificate of need -- Exemptions -- Categories of care not exempted -- Requirements for issuance of certificate of need

216B.020. Certificate of need -- Exemptions -- Categories of care not exempted -- Requirements for issuance of certificate of need (1) The provisions of this chapter that relate to the issuance of a certificate of need shall not apply to abortion facilities as defined in KRS 216B.015; any hospital which does not charge its patients for hospital services and does not seek or accept Medicare, Medicaid, or other financial support from the federal government or any state government; assisted living residences; family care homes; state veterans' nursing homes; services provided on a contractual basis in a rural primary -care hospital as provided under KRS 216.380; community mental health centers for services as defined in KRS Chapter 210; primary care centers; rural health clinics; private duty nursing services operating as health care services agencies as defined in KRS 216.718; group homes; licensed residential crisis stabilization units; licensed free-standing residential substance use disorder treat ment programs with sixteen (16) or fewer beds, but not including Levels I and II psychiatric residential treatment facilities or licensed psychiatric inpatient beds; outpatient behavioral health treatment, but not including partial hospitalization programs ; end stage renal disease dialysis facilities, freestanding or hospital based; swing beds; special clinics, including but not limited to wellness, weight loss, family planning, disability determination, speech and hearing, counseling, pulmonary care, and o ther clinics which only provide diagnostic services with equipment not exceeding the major medical equipment cost threshold and for which there are no review criteria in the state health plan; nonclinically related expenditures; nursing home beds that shall be exclusively limited to on-campus residents of a certified continuing care retirement community; home health services provided by a continuing care retirement community to its on-campus residents; the relocation of hospital administrative or outpatient services into medical office buildings which are on or contiguous to the premises of the hospital; the relocation of acute care beds which occur among acute care hospitals under common ownership and which are located in the same area development district so long as there is no substantial change in services and the relocation does not result in the establishment of a new service at the receiving hospital for which a certificate of need is required; the redistribution of beds by licensure classification wit hin an acute care hospital so long as the redistribution does not increase the total licensed bed capacity of the hospital; residential hospice facilities established by licensed hospice programs; freestanding birthing centers as defined in KRS 216B.198; t he following health services provided on site in an existing health facility when the cost is less than six hundred thousand dollars ($600,000) and the services are in place by December 30, 1991: psychiatric care where chemical dependency services are prov ided, level one (1) and level two (2) of neonatal care, cardiac catheterization, and open heart surgery where cardiac catheterization services are in place as of July 15, 1990; or ambulance services operating in accordance with subsection (6), (7), or (8) of this section. These listed facilities or services shall be subject to licensure, when applicable. (2) Nothing in this chapter shall be construed to authorize the licensure, supervision, regulation, or control in any manner of: (a) Private offices and clinics of physicians, dentists, and other practitioners of the healing arts, except any physician's office that meets the criteria set forth in KRS 216B.015(5) or that meets the definition of an ambulatory surgical center as set out in KRS 216B.015; (b) Office buildings built by or on behalf of a health facility for the exclusive use of physicians, dentists, and other practitioners of the healing arts; unless the physician's office meets the criteria set forth in KRS 216B.015(5), or unless the physician's office is also an abortion facility as defined in KRS 216B.015, except no capital expenditure or expenses relating to any such building shall be chargeable to or reimbursable as a cost for providing inpatient services offered by a health facility; (c) Outpatient health facilities or health services that: 1. Do not provide services or hold patients in the facility after midnight; and 2. Are exempt from certificate of need and licensure under subsection (3) of this section; (d) Dispensaries and first-aid stations located within business or industrial establishments maintained solely for the use of employees, if the facility does not contain inpatient or resident beds for patients or employees who generally remain in the facility for more than twenty-four (24) hours; (e) Establishments, such as motels, hotels, and boarding houses, which provide domiciliary and auxiliary commercial services, but do not provide any health related services and boarding houses which are operated by persons contracting with the United States Department of Veterans Affairs for boarding services; (f) The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious denomination and recognized by that church or denomination; and (g) On-duty police and fire department personnel assisting in emergency situations by providing first aid or transportation when regular emergency units licensed to provide first aid or transportation are unable to arrive at the scene of an emergency situation within a reasonable time. (3) The following outpatient categories of care shall be exempt from certificate of need and licensure on July 14, 2018: (a) Primary care centers; (b) Special health clinics, unless the clinic provides pain management services and is located off the campus of the hospital that has majority ownership interest; (c) Specialized medical technology services, unless providing a State Health Plan service; (d) Retail-based health clinics and ambulatory care clinics that provide nonemergency, noninvasive treatment of patients; (e) Ambulatory care clinics treating minor illnesses and injuries; (f) Mobile health services, unless providing a service in the State Health Plan; (g) Rehabilitation agencies; (h) Rural health clinics; and (i) Off-campus, hospital-acquired physician practices. (4) The exemptions established by subsections (2) and (3) of this section shall not apply to the following categories of care: (a) An ambulatory surgical center as defined by KRS 216B.015(4); (b) A health facility or health service that provides one (1) of the following types of services: 1. Cardiac catheterization; 2. Megavoltage radiation therapy; 3. Adult day health care; 4. Behavioral health services; 5. Chronic renal dialysis; or 6. Emergency services above the level of treatment for minor illnesses or injuries; (c) A pain management facility as defined by KRS 218A.175(1); (d) An abortion facility that requires licensure pursuant to KRS 216B.0431; or (e) A health facility or health service that requests an expenditure that exceeds the major medical expenditure minimum. (5) An existing facility licensed as an intermediate care or nursing home shall notify the cabinet of its intent to change to a nursing facility as defined in Public Law 100 - 203. A certificate of need shall not be required for conversion of an intermediate care or nursing home to the nursing facility licensure category. (6) Ambulance services owned and operated by a city government, which propose to provide services in coterminous cities outside of the ambulance service's designated geographic service area, shall not be required to obtain a certificate of need if the governing body of the city in which the ambulance services are to be provided enters into an agreement with the ambulance service to provide services in the city. (7) Ambulance services owned by a hospital shall not be required to obtain a certificate of need for the sole purpose of providing non -emergency and emergency transport services originating from its hospital. (8) (a) As used in this subsection, "emergency ambulance transport services" means the transportation of an individual that has an emergency medical condition with acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to place the individual's health in serious jeopardy or result in the serious impairment or dysfunction of the individual's bodily organs. (b) A city or county government that has conducted a public hearing for the purposes of demonstrating that an imperative need exists in the city or county to provide emergency ambulance transport services within its jurisdictional boundaries shall not be required to obtain a certificate of need for the city or county to: 1. Directly provide emergency ambulance transport services as defined in this subsection within the city's or county's jurisdictional boundaries; or 2. Enter into a contract with a hospital or hospitals within its jurisdiction, or within an adjoining county if there are no hospitals located within the county, for the provision of emergency ambulance transport services as defined in this subsection within the city's or county's jurisdictional boundaries. (c) Any license obtained under KRS Chapter 311A by a city or county for the provision of ambulance services operating under a certificate of need exclusion pursuant to this subsection shall be held exclusively by the city or county government and shall not be transferrable to any other entity. (d) Prior to obtaining the written agreement of a city, an ambulance service operating under a county government certificate of need exclusion pursuant to this subsection shall not provide emergency ambulance transport services within the boundaries of any city that: 1. Possesses a certificate of need to provide emergency ambulance services; 2. Has an agency or department thereof that holds a certificate of need to provide emergency ambulance services; or 3. Is providing emergency ambulance transport services within its jurisdictional boundaries pursuant to this subsection. (9) (a) Except where a certificate of need is not required pursuant to subsection (6), (7), or (8) of this section, the cabinet shall grant nonsubstantive review for a certificate of need proposal to establish an ambulance service that is owned by a: 1. City government; 2. County government; or 3. Hospital, in accordance with paragraph (b) of this subsection. (b) A notice shall be sent by the cabinet to all cities and counties that a certificate of need proposal to establish an ambulance service has been submitted by a hospital. The legislative bodies of the cities and co unties affected by the hospital's certificate of need proposal shall provide a response to the cabinet within thirty (30) days of receiving the notice. The failure of a city or county legislative body to respond to the notice shall be deemed to be support for the proposal. (c) An ambulance service established under this subsection shall not be transferred to another entity that does not meet the requirements of paragraph (a) of this subsection without first obtaining a substantive certificate of need. (10) Notwithstanding any other provision of law, a continuing care retirement community's nursing home beds shall not be certified as Medicaid eligible unless a certificate of need has been issued authorizing applications for Medicaid certification. The provisions of subsection (5) of this section notwithstanding, a continuing care retirement community shall not change the level of care licensure status of its beds without first obtaining a certificate of need. (11) An ambulance service established under subsection (9) of this section shall not be transferred to an entity that does not qualify under subsection (9) of this section without first obtaining a substantive certificate of need. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 121, sec. 3, effective June 27, 2025; and ch. 150, sec. 3, effective June 27, 2025. -- Amended 2022 Ky. Acts ch. 110, sec. 13, effective July 14, 2022; and ch. 126, sec. 9, effective July 14, 2022. -- Amended 2018 Ky. Acts ch. 143, sec. 10, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 42, sec. 13, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 66, sec. 6, effective March 25, 2015. -- Amended 2012 Ky. Acts ch. 90, sec. 2, effective July 12, 2012; and ch. 103, sec. 2, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 102, sec. 1, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 264, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 582, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 299, sec. 1, effective July 15, 1996; ch. 351, sec. 2, effective July 15, 1996; and ch. 371, sec. 38, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 24, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 61, sec. 4, effective March 16, 1992. -- Amended 1990 Ky. Acts ch. 235, sec. 7, effective July 13, 1990; and ch. 499, sec. 2, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 436, sec. 2, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 31, sec. 3, effective February 28, 1986. -- Amended 1984 Ky. Acts ch. 301, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 347, sec. 3, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 3, effective July 15, 1980. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which amended this statute, may be cited as the Mary Carol Akers Birth Centers Act. Legislative Research Commission Note (6/27/2025). This statute was amended by 2025 Ky. Acts chs. 121 and 150, which do not appear to be in conflict and have been codified together.

KRS 216B.035 Administrative staff assistance -- Records -- Oaths

216B.035. Administrative staff assistance -- Records -- Oaths (1) The cabinet shall hire any administrative staff required by the cabinet to carry out its duties and functions under the provisions of this chapter. (2) The secretary shall keep a full and true record of all the proceedings of the cabinet, of all books and papers ordered filed by the cabinet, and of all exemptions and certificates of need issued by the cabinet in paper or electronic form, and shall be responsible to it for the safe custody and preservation of all documents in its possession. The secretary may administer oaths in all parts of the state, where the exercise of that power is properly incidental to the performance of the duties of the cabinet under this chapter. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 143, sec. 11, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 371, sec. 39, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 25, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 8, effective July 15, 1988. --Amended 1982 Ky. Acts ch. 347, sec. 5, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 6, effective July 15, 1980.

KRS 216B.040 Functions of cabinet in administering chapter -- Regulatory authority

216B.040. Functions of cabinet in administering chapter -- Regulatory authority (1) The cabinet shall have four (4) separate and distinct functions in administering this chapter: (a) To approve or deny certificates of need in accordance with the provisions of this chapter, except as to those applications which have been granted nonsubstantive review status by the cabinet; (b) To issue and to revoke certificates of need; (c) To provide a due process hearing and issue a final determination on all actions by the cabinet to deny, revoke, modify, or suspend licenses of health facilities and health services issued by the cabinet; and (d) To enforce, through legal actions on its own motion, the provisions of this chapter and its orders and decisions issued pursuant to its functions. (2) The cabinet shall: (a) Promulgate administrative regulations pursuant to the provisions of KRS Chapter 13A: 1. To establish the certificate of need review procedures, including but not limited to, application procedures, notice provisions, procedures for review of completeness of applications, and timetables for review cycles. 2. To establish criteria for issuance and denial of certificates of need which shall be limited to the following considerations: a. Consistency with plans. Each proposal approved by the cabinet shall be consistent with the state health plan, and shall be subject to biennial budget authorizations and limitations, and with consideration given to the proposal's impact on health care costs in the Commonwealth. The state health plan shall contain a need assessment for long-term care beds, which shall be based on a statistically valid analysis of the present and future needs of the state as a whole and counties individually. The need assessment shall be applied uniformly to all areas of the state. The methodology shall be reviewed and updated on an annual basis. The long-term care bed need criteria in the state health plan or as set forth by the appropriate certificate of need authority shall give preference to conversion of personal care beds and acute care beds to nursing facility beds, so long as the state health plan or the appropriate certificate of need authority establishes a need in the affected counties and the proposed conversions are more cost- effective than new construction. The fact that the state health plan shall not address the specific type of proposal being reviewed shall not constitute grounds for disapproval of the proposal. Notwithstanding any other provision of law, the long-term care bed need criteria in the state health plan or as set forth by the appropriate certificate of need authority shall not consider, factor in, or include any continuing care retirement community's nursing home beds established under KRS 216B.015, 216B.020, 216B.330, and 216B.332; b. Need and accessibility. The proposal shall meet an identified need in a defined geographic area and be accessible to all residents of the area. A defined geographic area shall be defined as the area the proposal seeks to serve, including its demographics, and shall not be limited to geographical boundaries; c. Interrelationships and linkages. The proposal shall serve to accomplish appropriate and effective linkages with other services, facilities, and elements of the health care system in the region and state, accompanied by assurance of effort to achieve comprehensive care, proper utilization of services, and efficient functioning of the health care system; d. Costs, economic feasibility, and resources availability. The proposal, when measured against the cost of alternatives for meeting needs, shall be judged to be an effective and economical use of resources, not only of capital investment, but also ongoing requirements for health manpower and operational financing; e. Quality of services. The applicant shall be prepared to and capable of undertaking and carrying out the responsibilities involved in the proposal in a manner consistent with appropriate standards and requirements assuring the provision of quality health care services, as established by the cabinet; f. Hospital-based skilled nursing, intermediate care, and personal care beds shall be considered by the cabinet in determining the need for freestanding long-term care beds. (b) Conduct public hearings, as requested, in respect to certificate-of-need applications, revocations of certificates of need, and denials, suspensions, modifications, or revocations of licenses. (3) The cabinet may: (a) Issue other administrative regulations necessary for the proper administration of this chapter; (b) Administer oaths, issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings brought before or initiated by the cabinet, and the process shall extend to all parts of the Commonwealth. Service of process in all proceedings brought before or initiated by the cabinet may be made by certified mail, or in the same manner as other process in civil cases, as the cabinet directs; (c) Establish by promulgation of administrative regulation under KRS Chapter 13A reasonable application fees for certificates of need; (d) Establish a mechanism for issuing advisory opinions to prospective applicants for certificates of need regarding the requirements of a certificate of need; and (e) Establish a mechanism for biennial review of projects for compliance with the terms of the certificate of need. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 143, sec. 12, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 264, sec. 3, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 299, sec. 2, effective July 15, 1996; and ch. 371, sec. 40, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 26, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 493, sec. 1, effective July 13, 1990; and ch. 499, sec. 3, effective July 13, 1990. --Amended 1988 Ky. Acts ch. 210, sec. 9, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 6, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 7, effective July 15, 1980.

KRS 216B.042 Licenses -- Authority to enter upon premises -- Authority for administrative regulations

216B.042. Licenses -- Authority to enter upon premises -- Authority for administrative regulations (1) The cabinet shall: (a) Establish by promulgation of administrative regulation under KRS Chapter 13A reasonable application fees for licenses and promulgate other administrative regulations necessary for the proper administration of the licensure function; (b) Issue, deny, revoke, modify, or suspend licenses or provisional licenses in accordance with the provisions of this chapter; (c) Establish licensure standards and procedures to ensure safe, adequate, and efficient abortion facilities, health facilities and health services. These regulations, under KRS Chapter 13A, shall include, but need not be limited to: 1. Patient care standards and safety standards, minimum operating standards, minimum standards for training, required licenses for medical staff personnel, and minimum standards for maintaining patient records; 2. Licensure application and renewal procedures; and 3. Classification of health facilities and health services according to type, size, range of services, and level of care; and (d) Compile in a single document, maintain, and make available to abortion facilities and the public during regular business hours, all licensure standards and procedures promulgated under KRS Chapter 13A related to abortion facilities. (2) The cabinet may authorize its agents or representatives to enter upon the premises of any health care facility for the purpose of inspection, and under the conditions set forth in administrative regulations promulgated under KRS Chapter 13A by the cabinet. (3) The cabinet may revoke licenses or certificates of need for specific health facilities or health services or recommend the initiation of disciplinary proceedings for health care providers on the basis of the knowing violation of any provisions of this chapter. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 582, sec. 3, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 371, sec. 41, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 27, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 4, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 10, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 7, effective July 15, 1982.

KRS 216B.045 Actions of cabinet to be in writing and of record

216B.045. Actions of cabinet to be in writing and of record Every order, decision, finding, license, or certificate issued or approved by the cabinet under any of the provisions of this chapter shall be in writing and shall be entered on the records of the cabinet. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 42, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, PT. 7, sec. 28, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 11, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 8, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 8, effective July 15, 1980.

KRS 216B.050 Enforcement powers of cabinet

216B.050. Enforcement powers of cabinet The cabinet may compel obedience to its lawful orders by mandamus, injunction, or other proper proceedings in the Franklin Circuit Court or any other Circuit Court of competent jurisdiction. Every order entered by the cabinet shall continue in force until the expiration of the time, if any, named by the cabinet in the order, or until revoked or modified. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 43, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 29, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 12, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 9, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 9, effective July 15, 1980.

KRS 216B.055 Notice of decisions and orders of cabinet

216B.055. Notice of decisions and orders of cabinet Notice of decisions and orders made by the cabinet under the provisions of this chapter shall be made by certified mail addressed to the last known address on file with the cabinet, by personal service, or other method of delivery which may include electronic service. The notice shall be mailed, or personal service or other method of delivery shall be obtained, no later than fifteen (15) working days after the decision or order. Notice shall be complete and effective upon mailing or delivery. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 143, sec. 13, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 371, sec. 44, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 30, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 13, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 10, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 10, effective July 15, 1980.

KRS 216B.061 Actions requiring certificates of need -- Prohibitions against dividing projects to evade expenditure minimums and against ex parte contacts -- Ambulatory surgical centers

216B.061. Actions requiring certificates of need -- Prohibitions against dividing projects to evade expenditure minimums and against ex parte contacts -- Ambulatory surgical centers (1) Unless otherwise provided in this chapter, no person shall do any of the following without first obtaining a certificate of need: (a) Establish a health facility; (b) Obligate a capital expenditure which exceeds the capital expenditure minimum; (c) Make a substantial change in the bed capacity of a health facility; (d) Make a substantial change in a health service; (e) Make a substantial change in a project; (f) Acquire major medical equipment; (g) Increase a geographical area or alter a specific location which has been designated on a certificate of need or license; or (h) Transfer an approved certificate of need for the establishment of a new health facility or the replacement of a licensed facility. (2) No person shall separate portions of a single project into components in order to evade any expenditure minimum set forth in this chapter. For purposes of this chapter, the acquisition of one (1) or more items of functionally related diagnostic or therapeutic equipment shall be considered as one (1) project. (3) No person shall have ex parte contact with the final-decision-making authority engaged in certificate of need activities regarding a certificate-of-need application from the commencement of the review cycle to the final decision. If an ex parte contact occurs, it shall be promptly made a part of the record. (4) No person shall obligate a capital expenditure in excess of the amount authorized by an existing certificate of need unless the person has received an administrative escalation from the cabinet as prescribed by regulation. (5) No person shall proceed to obligate a capital expenditure under an approved certificate of need if there has been a substantial change in the project. (6) A certificate of need shall be issued for a specific location and, when applicable, for a designated geographical area. (7) No person shall establish an ambulatory surgical center as defined in KRS 216B.015 without obtaining a certificate of need. An ambulatory surgical center shall require a certificate of need and license, notwithstanding any exemption contained in KRS 216B.020. (8) Nothing in this chapter shall be interpreted to require any ambulatory surgical center licensed as of July 12, 2012, to obtain a certificate of need to continue operations and exercise all of the rights of a licensed health care facility, regardless of whether it obtained a certificate of need before being licensed. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 105, sec. 12, effective July 15, 2026. -- Amended 2012 Ky. Acts ch. 103, sec. 3, effective July 12, 2012. -- Amended 1996 Ky. Acts ch. 371, sec. 45, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 31, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 5, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 14, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 11, effective July 15, 1982.

KRS 216B.062 Timetable for submission of application for certificate of need to be established by administrative regulation -- Review procedure

216B.062. Timetable for submission of application for certificate of need to be established by administrative regulation -- Review procedure (1) Applications for certificates of need shall be submitted according to timetables established by the cabinet by promulgation of administrative regulation, pursuant to the provisions of KRS Chapter 13A. The application for a certificate of need shall include the name and business address of any owner, investor, or stockholder in the project whose ownership interest is greater than ten percent (10%). Once an application has been deemed complete pursuant to the cabinet's administrative regulations, notice shall be given as provided by the regulations of the beginning of the review, the proposed review schedule, and the right to request a hearing. The review shall be deemed to commence on the date of notice. No review shall take longer than ninety (90) days from the commencement of the review unless the applicant agrees to a deferral of action. (2) Applications proposing the same or similar types of services, facilities, or equipment shall be batched for review purposes, excluding those granted nonsubstantive review status. The cabinet shall by promulgation of administrative regulation under KRS Chapter 13A establish appropriate batching groups to assure that applications for each type of service, facility, or equipment will be eligible for consideration at set intervals. In each review batch, the cabinet shall review and, if appropriate, compare all timely-filed applications proposing similar types of services, facilities, or equipment in the same health service areas. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 46, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 249, sec. 1, effective July 15, 1994; and ch. 512, Part 7, sec. 32, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 15, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 12, effective July 15, 1982.

KRS 216B.065 Notification of intent to acquire facility or equipment -- Conditions requiring a certificate of need for acquisition -- General Assembly approval required for certain acquisitions by University of Kentucky, University of Louisville, or university affiliates

216B.065. Notification of intent to acquire facility or equipment -- Conditions requiring a certificate of need for acquisition -- General Assembly approval required for certain acquisitions by University of Kentucky, University of Louisville, or university affiliates (1) Before any person enters into a contractual agreement to acquire a licensed health facility, the person shall notify the cabinet of the intent to acquire the facility or major medical equipment and of the services to be offered in th e facility and its bed capacity or the use of the medical equipment. The notice shall be in writing and shall be filed at least thirty (30) days prior to entry into a contract to acquire the health facility or major medical equipment with respect to which the notice is given. (2) A certificate of need shall be required for the acquisition of a health facility or major medical equipment, only if: (a) The notice required in this section is not filed and the arrangement will require the obligation of a capital expenditure which exceeds the capital expenditure minimum; or (b) The cabinet finds within thirty (30) days after the date it received notice that the health services or bed capacity of the health facility will be substantially changed in being acquired. (3) Donations, transfers, and leases of major medical equipment and health facilities shall be considered acquisitions of equipment and facilities, and an acquisition of medical equipment or a facility for less than fair market value shall be considered an acquisition if the fair market value exceeds the expenditure minimum. (4) Before any health facility reduces or terminates a health service or reduces its bed capacity, the facility shall notify the cabinet of its intent. The notice shall be in writing and shall be filed at least thirty (30) days prior to the reduction or termination. A certificate of need shall be required for the reduction or termination only if the notice required in this section is not filed. (5) (a) Before acquiring or constructing an acute care hospital as defined in KRS 216B.0425 that is required to be licensed under KRS 216B.042, the University of Kentucky or the University of Louisville, or a medical system or college or school of medicine affiliate thereof, shall first obtain the approval of the General Assembly by means of an act or joint resolution explicitly identifying and authorizing the acquisition or construction of the specific acute care hospital. (b) The approval required under paragraph (a) of this subsection shall be in addition to any certificate of need required to acquire or construct an acute care hospital. (c) 1. Nothing in this subsection shall be interpreted or construed to apply to a pediatric teaching hospital as defined in KRS 205.565. 2. Paragraph (a) of this subsection shall not apply to the acquisition or construction of an acute care hospital within thirty (30) miles of the affiliated university's primary academic campus. 3. After May 31, 2026, the acquisition or construction of an acute care hospital valued at less than ten million dollars ($10,000,000) shall be exempt from the provisions of paragraph (a) of this subsection. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 90, sec. 4, effective July 15, 2024. -- Amended 1996 Ky. Acts ch. 371, sec. 47, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 33, effective July 15, 1 994. -- Amended 1990 Ky. Acts ch. 499, sec. 6, effective July 13, 1990. --Amended 1988 Ky. Acts ch. 210, sec. 16, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 13, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 12, effect ive July 15, 1980.

KRS 216B.066 Cabinet to be notified prior to acquiring certain major medical equipment, a health service is offered, or a capital expenditure is made or obligated -- Certificate of need may be required

216B.066. Cabinet to be notified prior to acquiring certain major medical equipment, a health service is offered, or a capital expenditure is made or obligated -- Certificate of need may be required (1) Before a health facility acquires major medical equipment to be used solely for research, offers a health service solely for research, or makes or obligates a capital expenditure solely for research, which exceeds the prescribed minimum, the health facility shall notify the cabinet of its intent to do so. The notice shall be in writing and shall be made sixty (60) days prior to the acquisition, offering, or making or obligation of the expenditure with respect to which notice is given. The notice shall state the use to be made of the major medical equipment, health service, or capital expenditure. (2) A certificate of need shall be required for the acquisition of major medical equipment solely for research, the offering of a health service solely for research, or the making or obligating of a capital expenditure solely for research by a health facility, only if: (a) The notice required by this section is not filed; or (b) The cabinet finds within sixty (60) days after it receives notice that the project or transaction for which notice is given will affect the charges of the facility for the provision of medical or other patient care services other than services which are included in the research, will substantially change the bed capacity of the facility, or will substantially change the medical or other patient care services of the facility which were offered before the acquisition, offering, making or obligation. (3) If major medical equipment is acquired, a health service is offered, or a capital expenditure is made or obligated and, pursuant to this section, no certificate of need is required, the equipment, service, or facilities acquired through the capital expenditure shall not be used in a manner which would affect the charges of the facility for the provision of medical or other patient care services other than that included in the research, substantially change the bed capacity of the facility, or substantially change the medical or other patient care services of the facility unless a certificate of need is issued. (4) For purposes of this section, "solely for research" means patient care provided on an occasional and irregular basis and not as part of a research project. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 48, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 34, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 17, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 14, effective July 15, 1982.

KRS 216B.072 Training for staff of long-term care facilities treating persons with Alzheimer's disease or related disorders

216B.072. Training for staff of long-term care facilities treating persons with Alzheimer's disease or related disorders A long-term care facility as defined in KRS 216.535, except for a personal care home, that advertises to provide special care for persons with a medical diagnosis of Alzheimer's disease or other related disorders or maintains an identifiable unit for the treatment of persons with a medical diagnosis of Alzheimer's disease or other related disorders shall provide training to all staff members in the care and handling of Alzheimer's disease or other related disorders as follows: (1) At least eight (8) hours of orientation related to Alzheimer's disease or other related disorders to include the following: (a) Facility policies; (b) Etiology and treatment; (c) Disease stages; (d) Behavior management; and (e) Residents' rights; and (2) Annual continuing education of at least five (5) hours related to Alzheimer's disease or other related disorders. Effective: July 15, 2002 History: Created 2002 Ky. Acts ch. 296, sec. 3, effective July 15, 2002.

KRS 216B.075 Administrative regulations governing application and review procedures to be promulgated

216B.075. Administrative regulations governing application and review procedures to be promulgated The cabinet shall promulgate administrative regulations respecting application and review procedures to comply with any federal laws and regulations promulgated thereunder. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 49, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 35, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 19, effective July 15, 1988. -- Created 1980 Ky. Acts ch. 135, sec. 14, effective July 15, 1980.

KRS 216B.085 Hearing procedures -- Notification of cabinet's decisions -- Appeals

216B.085. Hearing procedures -- Notification of cabinet's decisions -- Appeals (1) No later than fifteen (15) days after the date the review commences, any affected person may request a public hearing. Hearings shall be before a person designated by the Office of Administrative Hearings within the Department of Law to serve as hearing officer. The hearing officer shall be authorized to administer oaths, issue subpoenas, subpoenas duces tecum, and all necessary process in the proceedings. (2) If a hearing is requested, the Office of Administrative Hearings within the Department of Law shall set a date, time, and place for a public hearing. Reasonable notice of the hearing shall be given to all affected persons in accordance with administrative regulations promulgated by the cabinet. (3) At the hearing, any party to the proceedings shall have the right to be represented by counsel, and to present oral or written arguments and evidence relevant to the matter which is the subject of the hearing, and may c onduct reasonable cross- examination under oath of persons who make factual allegations relevant to such matters. A full and complete record shall be maintained of the hearing. (4) Any decision of the cabinet to issue or deny a certificate of need shall be based solely on the record established with regard to the matter. All decisions granting, denying, or modifying a certificate of need shall be made by the cabinet in writing. The cabinet shall notify the parties to the proceedings of the decision and the decision shall be final for purposes of judicial appeal unless a request for reconsideration is filed. An approved certificate of need shall be issued forty (40) days after notice of the cabinet's decision unless a request for reconsideration is filed or a judicial appeal is taken and issuance is enjoined by the court. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 28, effective July 1, 2025. -- Amended 1996 Ky. Acts ch. 371, sec. 50, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 36, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 7, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 20, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 16, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 16, effective July 15, 1980.

KRS 216B.086 Revocation of certificate of need -- Hearings -- Prohibition against ex parte contacts

216B.086. Revocation of certificate of need -- Hearings -- Prohibition against ex parte contacts (1) The cabinet may revoke a certificate of need, or portion thereof, for failure of the holder of the certificate to implement the project in accordan ce with timetables and standards for implementation established by administrative regulation of the cabinet; however, for projects involving long -term care beds, the cabinet may revoke any certificate granted which is not implemented within twenty -four (24) months or within any six (6) month reporting interval during which there is not satisfactory progress in meeting the project timetable and shall revoke any certificate granted which is not implemented within thirty-six (36) months except for those projects specified as an exception pursuant to Executive Order 96-129 in which case those projects shall be implemented according to the intervals and timetable set forth in this section, as of the effective date of Medicaid funding in the biennial budget for those projects. The administrative regulation for projects involving long-term care beds shall be based on project completion in twenty-four (24) months and shall specify criteria for measuring implementation of project objectives at six (6) month reporting intervals. If, at any six (6) month reporting period, the certificate holder is able to show good cause as to why a project failed to meet its timetables, an extension of six (6) months may be granted to meet that particular timetable. The burden of proof shall be on the certificate holder. An extension may be granted beyond a total of thirty-six (36) months, only if the applicant requests that the cabinet grant an additional six (6) month extension beyond the initial thirty-six (36) month completion period and shows good cause. For purposes of this section, there shall be deemed to be "good cause" if the project can be completed within the additional six (6) month period. In no case shall an extension be granted beyond a total of forty-two (42) months. The holder of the certificate of need shall file with the cabinet the name and business address of all owners, investors, and stockholders in the project whose ownership interest is greater than ten percent (10%). All reports submitted by the certificate holder under this subsection shall be considered a public record in accordance with the Kentucky Open Records Law, KRS 61.870 to 61.884. (2) The cabinet shall give notice to the holder of the certificate of its initial decision to revoke the certificate of need or portion thereof. The cabinet's initial decision to revoke a certificate of need or portion thereof shall become final after thirty (30) days unless a hearing is requested. The secretary shall give notice to the holder of the certificate of a decision which has become final under the provisions of this subsection. (3) The holder of the certificate of need to be revoked may request in writing a public hearing in respect to an initial decision by the cabinet to revoke a certificate of need within thirty (30) days of the date of notice of the initial decision. Failure to request a hearing shall constitute a waiver of any right to reconsideration or judicial appeal of a final cabinet decision to revoke a certificate of need. (4) The hearing shall be before a person designated by the Office of Administrative Hearings within the Department of Law to be the hearing officer. The hearing shall be no later than thirty (30) days after the request for the hearing is filed. (5) If a hearing is requested, the Office of Administrative Hearings within the Department of Law shall set a date, time, and place for a public hearing. Reasonable notice of the hearing shall be given to all affected persons in accordance with administrative regulations promulgated by the cabinet. (6) At the hearing, any party to the proceedings shall have the right to be represented by counsel and to present oral or written arguments and evidence relevant to the revocation of the certificate of need and may conduct reasonable cross-examination under oath of persons who testify. A full and complete record shall be maintained of the hearing, and all testimony shall be recorded but not be transcribed unless the cabinet's final decision is appealed pursuant to this chapter. (7) After the issuance of an initial decision to revoke a certificate of need and before a final decision is made, no person shall have ex parte contacts with employees of the cabinet regarding the revocation. If an ex parte contact occurs, it shall be promptly made a part of the record. (8) If a hearing is requested after notice of the cabinet's initial decision to revoke a certificate of need, the Office of Administrative Hearings within the Department of Law shall make a final decision within thirty (30) days after the hearing. Any final decision revoking a certificate of need shall be made by the hearing officer in writing. The cabinet shall notify the parties to the proceedings of the final decision. (9) Any final decision to revoke a certificate of need shall be based solely on the record established with regard to the revocation. (10) Except as provided in subsection (3) of this section, reconsideration pursuant to KRS 216B.090 or judicial appeal pursuant to KRS 216B.115 shall be available with regard to a final decision of the cabinet to revoke a certificate of need. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 29, effective July 1, 2025. -- Amended 1998 Ky. Acts ch. 593, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 371, sec. 51, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 249, sec. 3, effective July 15, 1994; and ch. 512, Part 7, sec. 37, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 8, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 21, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 347, sec. 17, effective July 15, 1982.

KRS 216B.090 Reconsideration of cabinet's decisions

216B.090. Reconsideration of cabinet's decisions (1) Any party to the proceedings may, for good cause shown, request in writing a hearing for purposes of reconsideration of a decision of the cabinet pertaining to a certificate of need or the revocation of a certificate of need under procedures promulgated by administrative regulation. The request shall be filed within fifteen (15) days of the notice of the decision. For purposes of this section there shall be deemed to be "good cause shown" if the request for a public hearing: (a) Presents significant, relevant information not previously available for consideration by the cabinet; (b) Demonstrates that there have been significant changes in the factors or circumstances relied upon by the cabinet in reaching its decision; (c) Demonstrates that the cabinet has materially failed to follow its adopted procedures in reaching its decision; or (d) States that a public hearing pursuant to KRS 216B.085 was not conducted prior to a decision to deny a certificate of need. (2) If a public hearing is granted, it shall be held within thirty (30) days after the decision to grant the request for reconsideration. The hearing shall be conducted in accordance with the provisions of this chapter. The cabinet shall make its decision on reconsideration and shall give notice thereof. The decision of the cabinet shall be final for purposes of judicial appeal. An approved certificate of need shall be issued forty (40) days after notice of the cabinet's decision unless a judicial appeal is taken and issuance is enjoined by the court. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 52, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 38, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 9, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 22, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 18, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 17, effective July 15, 1980.

KRS 216B.095 Nonsubstantive review of application

216B.095. Nonsubstantive review of application (1) An applicant may waive the procedures for formal review of an application for a certificate of need and request a nonsubstantive review as provided below. The cabinet may grant or deny nonsubstantive review status within ten (10) days of the date the application is deemed completed and shall give notice to all affected persons of the decision to conduct a nonsubstantive review. Any affected person other than the applicant may request a hearing by filing a request with the cabinet within ten (10) days of the notice to conduct a nonsubstantive review. As applicable, hearings shall be conducted as provided in KRS 216B.085. Based solely upon the record established with regard to the matter, the cabinet shall approve or deny a certificate of need on all projects assigned nonsubstantive review status within thirty-five (35) days of the determination of nonsubstantive review status. If the application is denied nonsubstantive review status, it shall automatically be placed in the formal review process. (2) If a certificate of need is denied following a nonsubstantive review, the applicant may request that the application be placed in the next cycle of the formal review process. Nothing in this subsection shall require an applicant to pursue a formal review before obtaining judicial review pursuant to KRS 216B.115. (3) The cabinet may grant nonsubstantive review status to an application for a certificate of need which is required: (a) To change the location of a proposed health facility; (b) To replace or relocate a licensed health facility, if there is no substantial change in health services or substantial change in bed capacity; (c) To replace or repair worn equipment if the worn equipment has been used by the applicant in a health facility for five (5) years or more; (d) For cost escalations; or (e) In other circumstances the cabinet by administrative regulation may prescribe. (4) Notwithstanding any other provision to the contrary in this chapter, the cabinet may approve a certificate of need for a project required for the purposes set out in subsection (3)(a) to (e) of this section, unless it finds the facility or service with respect to which the capital expenditure is proposed to be made is not required; or to the extent the facility or services contemplated by the proposed capital expenditure is addressed in the state health plan, the cabinet finds that the capital expenditure is not consistent with the state health plan. (5) The decision of the cabinet approving or denying a certificate of need pursuant to this section shall be final for purposes of judicial appeal, unless the applicant requests the application be placed in the formal review process. An approved certificate shall be issued thirty (30) days after notice of the cabinet's decision, unless a judicial appeal is taken and issuance is enjoined by the court. (6) Notwithstanding any other provision of law, the cabinet shall not grant nonsubstantive review status to a certificate of need application that indicates an intent to apply for Medicaid certification of nursing home beds within a continuing care retirement community established under KRS 216B.015, 216B.020, 216B.330, and 216B.332. (7) Notwithstanding any provision of state law or the state health plan promulgated by administrative regulation in accordance with KRS 216B.040, the cabinet shall grant nonsubstantive review for a certificate of need proposal to establish an ambulatory surgical center if the applicant complies with the following: (a) The applicant is an ambulatory surgical center that was organized and in operation as the private office of a physician or physician group prior to October 1, 2006; (b) 1. The cabinet's general counsel has submitted a letter to the Accreditation Association for Ambulatory Health Care advising that the cabinet does not object to the applicant's parent company applying for and obtaining Medicare certification; or 2. The applicant is an ambulatory surgical center that has received from the cabinet a favorable advisory opinion dated June 14, 2005, confirming that the applicant would be exempt from the certificate of need or licensure requirement; (c) The applicant's ambulatory surgical center has been inspected and accredited by the Accreditation Association for Ambulatory Health Care since December 31, 2006, and has maintained accreditation with that organization consistently since that time; and (d) The applicant was a party to litigation concerning the ambulatory surgical center and physician office issue and, prior to July 12, 2012, obtained a Court of Appeals ruling in its favor. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 126, sec. 10, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 103, sec. 4, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 264, sec. 4, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 371, sec. 53, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 39, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 10, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 23, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 19, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 18, effective July 15, 1980.

KRS 216B.105 License procedure -- Hearings -- Decisions of cabinet to be in writing and of record

216B.105. License procedure -- Hearings -- Decisions of cabinet to be in writing and of record (1) Unless otherwise provided in this chapter, no person shall operate any health facility in this Commonwealth without first obtaining a license issue d by the cabinet, which license shall specify the kind or kinds of health services the facility is authorized to provide. A license shall not be transferable and shall be issued for a specific location and, if specified, a designated geographical area. (2) The cabinet may deny, revoke, modify, or suspend a license in any case in which it finds that there has been a substantial failure to comply with the provisions of this chapter or the administrative regulations promulgated hereunder. The denial, revocation, modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or other method of delivery which may include electronic service, a notice setting forth the particular reasons for the action. The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after notice is given, unless the applicant or licensee, within the thirty (30) day period, shall file a request in writing for a hearing with the cabinet. (3) The hearing shall be before a person designated to serve as hearing officer by the Office of Administrative Hearings within the Department of Law. (4) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the hearing officer sh all be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer's findings. The applicant or licensee shall be entitled to be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony by witnesses or, if the hearing officer so permits, by depositions. A full and complete record shall be kept of all hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this chapter. The cabinet may adopt the hearing officer's findings and recommendations or prepare written findings of fact and state the basis for its decision which shall become part of the record of the proceedings. (5) All decisions revoking, suspending, modifying or denying licenses shall be made by the cabinet in writing. The cabinet shall notify the applicant or licensee of the decision. (6) The decision of the cabinet shall be final for purposes of judicial appeal upo n notice of the cabinet's decision. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 27, effective July 1, 2025. -- Amended 2018 Ky. Acts ch. 143, sec. 14, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 371, sec. 54, effective Jul y 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 40, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 24, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 20, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 20, effective July 15, 1980.

KRS 216B.106 Ambulance service investigations and hearings -- Procedures -- Appeals

216B.106. Ambulance service investigations and hearings -- Procedures -- Appeals (1) The cabinet shall investigate complaints pertaining to ambulance services licensed under KRS 311A.030 that are transferred to the cabinet by the Kentucky Board of Emergency Medical Services as required by KRS 311A.055 if the cabinet determines a hearing is needed. (2) The hearing shall be before a person designated to serve as hearing officer by the Office of Administrative Hearings within the Department of Law. (3) Within thirty (30) days from the conclusion of the hearing, the findings and recommendations of the hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer's findings. The applicant or licensee shall be entitled to be represented at the hearing in person or by counsel, or both, and shall be entitled to introduce testimony by witnesses or, if the cabinet so permits, by depositions. A full and complete record shall be kept of all hearings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this chapter. The cabinet shall immediately submit the hearing officer's findings and recommendations or the prepared written findings of fact and statement of the basis for its decision, which shall become part of the record of the proceedings, to the Kentucky Board of Emergency Medical Services. (4) The Kentucky Board of Emergency Medical Services may deny, re voke, modify, or suspend a license in any case in which the cabinet finds that there has been a substantial failure to comply with the provisions of KRS 311A.030 or the administrative regulations promulgated hereunder. The denial, revocation, modification, or suspension shall be effected by mailing to the applicant or licensee, by certified mail or other method of delivery which may include electronic service, a notice setting forth the particular reasons for the action. The board shall notify the cabinet within five (5) days of its action in response to the cabinet's findings and recommendations in writing. (5) The denial, revocation, modification, or suspension shall become final and conclusive thirty (30) days after notice is given, unless the applicant o r licensee, within the thirty (30) day period, files a request in writing for a hearing with the cabinet. The cabinet shall notify the board of its actions within five (5) days of receiving a hearing request. All decisions revoking, suspending, modifying, or denying licenses shall be made by the board in writing. The board shall notify the applicant or licensee of the decision. (6) The decision of the board shall be final for purposes of judicial appeal upon notice of the board's decision. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 30, effective July 1, 2025. -- Created 2022 Ky. Acts ch. 126, sec. 8, effective July 14, 2022. Legislative Research Commission Note (7/14/2022). In codification, a correction has been made to subsection (1 ) of this statute. Section 8 of 2022 House Bill 777, which created this statute, contained a reference in subsection (1) to "Section 5 of this Act," which has been codified as KRS 311A.035. However, it is clear from the text of the bill that the reference was intended to read "Section 6 of this Act," which has been codified as KRS 311A.055. Under the authority of KRS 7.136, the Reviser of Statutes has corrected this reference.

KRS 216B.115 Appeal to Franklin Circuit Court

216B.115. Appeal to Franklin Circuit Court (1) An appeal to the Franklin Circuit Court may be taken from any final decision of the cabinet with respect to a certificate-of-need application, a certificate of need, or a license, by any party to the proceedings. (2) An appeal may be taken by filing a petition for review in the Franklin Circuit Court within thirty (30) days after notice of the final decision unless a request for reconsideration has been filed, in which case the petition shall be filed within fifteen (15) days of the cabinet's decision not to reconsider or notice of its decision on reconsideration. The petition shall state completely the grounds upon which the review is sought and shall assign all errors relied upon. The petitioner shall serve a copy of the petition to each person who was a party to the proceedings. Summons shall be issued upon the petition directing the adverse party or parties to file an answer within twenty (20) days after service of summons. The cabinet shall, upon being served with the summons and within thirty (30) days thereafter, file a copy of the record, duly certified by the secretary, the cost of the record to be taxed as costs upon appeal. In lieu of filing of the record, an abstract thereof may be filed if all parties to the appeal agree. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 55, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 41, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 499, sec. 11, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 210, sec. 25, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 21, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 22, effective July 15, 1980.

KRS 216B.125 Civil action for judicial enforcement of chapter

216B.125. Civil action for judicial enforcement of chapter If the cabinet fails to issue or deny a certificate of need or an exemption pursuant to this chapter within the time prescribed under this chapter or administrative regulations promulgated by the cabinet, the applicant may seek judicial enforcement of this chapter by filing a civil action in Franklin Circuit Court. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 57, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 43, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 210, sec. 27, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 23, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 24, effective July 15, 1980.

KRS 216B.130 Expenditure minimums or limits to be adjusted annually

216B.130. Expenditure minimums or limits to be adjusted annually Any other provisions of this chapter notwithstanding, any expenditure minimum or limit as provided in this chapter shall be adjusted for each twelve (12) month period beginning twelve (12) months after July 15, 1994, to reflect the changes in the preceding twelve (12) month period in a cost index designated by regulation for the purposes of making the adjustment. The cabinet shall effect the adjustment by administrative regulations. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 371, sec. 58, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 44, effective July 15, 1994. --Amended 1988 Ky. Acts ch. 210, sec. 28, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 347, sec. 24, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, sec. 27, effective July 15, 1980.

KRS 216B.131 Use of moneys

216B.131. Use of moneys (1) All moneys derived from applicants seeking certificates of need or licenses or from any other sources connected with this chapter shall be promptly paid over to the State Treasurer, who shall deposit such moneys in a special fund which, in addition to appropriated funds, shall be used to carry out the purposes of this chapter and for no other purpose. (2) Any fine imposed for the violation of this chapter shall, when collected, be paid into the Kentucky nursing incentive scholarship fund. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 249, sec. 5, effective July 13, 1990. --Created 1982 Ky. Acts ch. 347, sec. 25, effective July 15, 1982.

KRS 216B.140 Licensed hospitals to provide services for child sexual abuse victims

216B.140. Licensed hospitals to provide services for child sexual abuse victims Each hospital licensed by the board shall provide medical and diagnostic services for child sexual abuse victims. Effective: July 14, 1992 History: Created 1992 Ky. Acts ch. 351, sec. 11, effective July 14, 1992.

KRS 216B.150 Badge or insignia for hospital employees

216B.150. Badge or insignia for hospital employees (1) All employees of a hospital who are licensed, registered, certified, or otherwise regulated under the laws of the Commonwealth shall wear a badge or other insignia indicating the person is a licensed, registered, certified or otherwise regulated health care provider, provided the badge or insignia does not violate sterile procedures. (2) No hospital licensed under the provisions of this chapter shall prohibit a person licensed, registered, certified, or otherwise regulated under the laws of the Commonwealth from wearing a badge or other insignia, provided the badge or insignia does not violate sterile procedures. No other information shall appear on the badge unless approved by the hospital chief executive officer, facility manager, or designee. (3) No hospital licensed under the provisions of this chapter shall demote, dismiss, suspend, or otherwise penalize any employee for reporting a violation of subsection (1) of this section to the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 503, sec. 1, effective July 15, 1998.

KRS 216B.153 Surgical smoke evacuation system requirement

216B.153. Surgical smoke evacuation system requirement (1) As used in this section: (a) "Energy-generating device" means any tool that performs a surgical function using heat, laser, electricity, or another form of energy; (b) "Smoke evacuation system" means smoke evacuators, laser plume evacuators, or local exhaust ventilators that effectively capture and neutralize surgical smoke at the site of origin and before the smoke can make ocular contact or contact with the respiratory tract of the occupants of the room; and (c) "Surgical smoke" means the by-product, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and other lung- damaging dust, that results from contact with tissue by an energy-generating device. (2) On or before January 1, 2022, in order to protect operating room nurses, operating room personnel, and patients from the hazards of surgical smoke, the cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A requiring a health facility licensed under this chapter that utilizes energy-generating devices to make use of a smoke evacuation system during any surgical procedure that is likely to produce surgical smoke. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 57, sec. 1, effective June 29, 2021.

KRS 216B.155 Development of quality assurance standards for health care facilities

216B.155. Development of quality assurance standards for health care facilities (1) All health care facilities and services licensed under this chapter, with the exception of personal care homes, family care homes, and boarding homes, shall develop comprehensive quality assurance or improvement standards adequate to identify, evaluate, and remedy problems related to the quality of health care facilities and services. These standards shall be made available upon request to the public during regular business hours and shall include: (a) An ongoing written internal quality assurance or improvement program; (b) Specific, written guidelines for quality care studies and monitoring; (c) Performance and clinical outcomes-based criteria; (d) Procedures for remedial action to correct quality problems, including written procedures for taking appropriate corrective action; (e) A plan for data gathering and assessment; (f) A peer review process; and (g) A summary of process outcomes and follow-up actions related to the overall quality improvement program for the health care facility or service. Current federal or state regulations which address quality assurance and quality improvement requirements for nursing facilities, intermediate care facilities, and skilled care facilities shall suffice for compliance with the standards in this section. (2) All health care facilities licensed, with the exception of personal care homes, family care homes, and boarding homes, under this chapter, shall use the application form and guidelines established pursuant to KRS 304.17A-545(5) for assessing the credentials of those applying for privileges. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 144, sec. 6, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 384, sec. 1, effective July 15, 1998.

KRS 216B.160 Requirement for a care delivery model based on patient needs for licensed health care facilities and services

216B.160. Requirement for a care delivery model based on patient needs for licensed health care facilities and services All health care facilities and services licensed under this chapter shall include in their policies and procedures a care delivery model based on patient needs which includes but is not limited to: (1) Defined roles and responsibilities of licensed and unlicensed health care personnel; (2) A policy that establishes the credentialing, oversight, appointment, and reappointment of the registered nurse first assistant and for granting, renewing, and revising of the registered nurse first assistant's clinical privileges; (3) A policy that establishes the credentialing, oversight, appointment, and reappointment of the physician assistant and for granting, renewing, and revising of the physician assistant's clinical privileges; (4) A policy that establishes the credentialing, oversight, appointment, and reappointment of the certified surgical assistant and for granting, renewing, and revising of the certified surgical assistant's clinical privileges; (5) A staffing plan that specifies staffing levels of licensed and unlicensed personnel required to safely and consistently meet the performance and clinical outcomes- based standards as outlined in the facility's or service's quality improvement plan; (6) A staffing model that is developed and implemented in an interdisciplinary and collaborative manner; (7) A policy and method that incorporates at least four (4) components in an ongoing assessment done by the registered nurse, or in an assisted living community, a registered nurse or the manager's designee, of the severity of the patient's disease, patient condition, level of impairment or disability, and the specific unit patient census to meet the needs of the individual patient in a timely manner; and (8) A staffing model that supports the delivery of patient care services with an appropriate mix of licensed health care personnel that will allow them to practice according to their legal scope of practice, and for nurses, the professional standards of practice referenced in KRS Chapter 314, and facility and service policies. If a nursing facility, intermediate care facility, or skilled care facility meets the most current state or federal regulations which address safe and consistent staffing levels of licensed and unlicensed personnel, those shall suffice for compliance with the standards in this section. This section shall not be interpreted as requiring any health care facility to develop a policy or a procedure for a service not offered by the facility. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 40, effective July 14, 2022. -- Amended 2001 Ky. Acts ch. 36, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 96, sec. 2, effective July 14, 2000; and ch. 538, sec. 2, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 384, sec. 2, effective July 15, 1998.

KRS 216B.165 Duty to report quality of care and safety problems -- Investigation and report -- Prohibition against retaliation

216B.165. Duty to report quality of care and safety problems -- Investigation and report -- Prohibition against retaliation (1) Any agent or employee of a health care facility or service licensed under this chapter who knows or has reasonable cause to believe that the quality of care of a patient, patient safety, or the health care facility's or service's safety is in jeopardy shall make an oral or written report of the problem to the health care facility or service, and may make it to any appropriate private, public, state, or federal agency. (2) Any individual in an administrative or supervisory capacity at the health care facility or service who receives a report under subsection (1) of this section shall investigate the problem, take appropriate action, and provide a response to the individual reporting the problem within seven (7) working days. (3) No health care facility or service licensed under this chapter shall by policy, contract, procedure, or other formal or informal means subject to reprisal, or directly or indirectly use, or threaten to use, any authority or influence, in any manner whatsoever, which tends to discourage, restrain, suppress, dissuade, deter, prevent, interfere with, coerce, or discriminate against any agent or employee who in good faith reports, discloses, divulges, or otherwise brings to the attention of the health care facility or service the circumstances or facts to form the basis of a report under subsections (1) or (2) of this section. No health care facility or service shall require any agent or employee to give notice prior to making a report, disclosure, or divulgence under subsections (1) or (2) of this section. (4) All reports, investigations, and action taken subject to this chapter shall be conducted in a manner that protects and maintains the confidentiality of patients and personnel and preserves the integrity of data, information, and medical records. (5) All health care facilities and services licensed under this chapter shall, as a condition of licensure, abide by the terms of KRS 216B.155 and this section. (6) No agent or employee of a health care facility or service shall file a report under subsection (1) or (2) of this section in bad faith and shall have a reasonable basis for filing a report. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 384, sec. 3, effective July 15, 1998.

KRS 216B.168 Definitions for section -- PACE service providers -- Health facility license not required to provide PACE services -- Eligibility to participate and enroll in National Background Check Program

216B.168. Definitions for section -- PACE service providers -- Health facility license not required to provide PACE services -- Eligibility to participate and enroll in National Background Check Program (1) As used in this section: (a) "National Background Check Program" or "NBCP" means the enhanced employment background check screening process used by health facilities or services that are licensed under this chapter; (b) "PACE" means programs of all-inclusive care for the elderly as provided in 42 U.S.C. sec. 1395eee; and (c) "PACE service provider" means an organization that provides services for the elderly pursuant to and in compliance with an agreement among the provider, the Centers for Medicare and Medicaid Services, and the Kentucky Department for Medicaid Services. (2) Nothing in this chapter shall be construed to require a PACE service provider to obtain a health facility license to provide PACE services. (3) A PACE service provider shall be eligible to participate and enroll in the NBCP to perform employment background checks. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 201, sec. 1, effective July 15, 2024.

KRS 216B.170 Identification requirement for persons dealing with patients

216B.170. Identification requirement for persons dealing with patients (1) All health care facilities and services licensed under this chapter shall require all persons, including students, who examine, observe, or treat a patient or resident of the health care facility or service to wear identification which readily identifies, at a minimum, the person's first name, licensure credential, and position title or department. (2) The identification shall be of a size and type and appropriately displayed so that it may be easily detected and read. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 384, sec. 4, effective July 15, 1998.

KRS 216B.175 Services by a physician assistant or advanced practice registered nurse for patient admitted to acute care or psychiatric hospital -- Transferability of history and physical examination to another licensed level of care within same hospital -- Administrative regulations

216B.175. Services by a physician assistant or advanced practice registered nurse for patient admitted to acute care or psychiatric hospital -- Transferability of history and physical examination to another licensed level of care within same hospital -- Administrative regulations (1) A physician assistant, credentialed under KRS Chapter 311, when those duties and responsibilities are within the scope of training received in an approved program and within the scope of the supervising physician's practice, or an advanced practice registered nurse licensed under KRS Chapter 314, may: (a) Perform a history and physical examination for a patient admitted to an acute care or psychiatric hospital licensed under this chapter; and (b) Order and review continuation of restraints and seclusion as a health care practitioner in accordance with 42 C.F.R. 482.13. (2) A history and physical examination shall be performed no more than thirty (30) days before or twenty-four (24) hours after a patient is admitted to an acute care or psychiatric hospital licensed under this chapter. (3) The history and physical examination that has been performed in compliance with subsection (2) of this section is transferable to another licensed level of care within the same hospital. (4) The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish the content of the history and physical examination required by subsection (2) of this section performed in an acute or psychiatric hospital that shall be used by the licensing entity. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 39, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 80, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 506, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 422, sec. 2, effective July 14, 2000.

KRS 216B.178 Intermediate-care facility for individuals with an intellectual disability -- Application to increase number of beds -- Requirements

216B.178. Intermediate-care facility for individuals with an intellectual disability -- Application to increase number of beds -- Requirements An application to increase the number of beds by an intermediate -care facility for individuals with an intellectual disability (ICF/ID) as defined in KRS Chapter 202B shall be consistent with the state health plan if the applicant: (1) Is an ICF/ID owned by a nongovernmental entity; (2) Requests additional beds in a freestanding building on or off the campus of the ICF/ID facility; (3) Demonstrates that the additional beds will be filled with individuals from the applicant's waiting list or from a community -based setting that the applicant currently supports; and (4) Demonstrates that each individual living at t he ICF/ID will have an individualized plan developed to improve their life experiences. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 45, sec. 1, effective June 29, 2023.

KRS 216B.180 Certificate of need not required for respite-service beds in intermediate- care facility for individuals with an intellectual disability

216B.180. Certificate of need not required for respite-service beds in intermediate- care facility for individuals with an intellectual disability Notwithstanding any other provisions contained in this chapter, a certificate of need shall not be required for an existing intermediate-care facility for individuals with an intellectual disability (ICF/ID) to add beds which shall be dedicated to providing respite services to individuals with an ICF/ID level of care for no more than thirty (30) days. The establishment of ICF/ID respite beds shall be limited to three (3) beds per fifty (50) ICF/ID beds in a facility and shall not be eligible for Medicaid certification. Beds designated for respite services under this section shall comply with all applicable federal and state licensure requirements for intermediate-care facilities for individuals with an intellectual disability. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 107, effective July 12, 2012. -- Created 2002 Ky. Acts ch. 286, sec. 1, effective July 15, 2002.

KRS 216B.185 Accreditation as evidence of compliance with licensing requirements -- Exemption from inspection -- Fees -- Submission of building plans -- Standards for licensure

216B.185. Accreditation as evidence of compliance with licensing requirements -- Exemption from inspection -- Fees -- Submission of building plans -- Standards for licensure (1) The Office of the Inspector General shall accept accreditation by the Joint Commission or another nationally recognized accrediting organization with comparable standards and survey processes, that has been approved by the United States Centers on Medicare and Medicaid Services, as evidence that a hospital demonstrates compliance with all licensure requirements under this chapter. An annual on-site licensing inspection of a hospital shall not be conducted if the Office of the Inspector General receives from the hospital: (a) A copy of the accreditation report within thirty (30) days of the initial accreditation and all subsequent reports; or (b) Documentation from a hospital that holds full accreditation from an approved accrediting organization on or before July 15, 2002. (2) Nothing in this section shall prevent the Office of the Inspector General from making licensing validation inspections and investigations as it deems necessary related to any complaints. The cabinet shall promulgate the necessary administrative regulations to implement the licensing validation process. Any administrative regulations shall reflect the validation procedures for accredited hospitals participating in the Medicare program. (3) A hospital shall pay any licensing fees required by the cabinet in order to maintain a license. (4) A new hospital shall not be exempt from the on-site inspection until meeting the requirements of subsection (1) of this section and administrative regulations promulgated under KRS 216B.040, 216B.042, and 216B.105 for acute, critical access, psychiatric, and rehabilitation facility requirements. (5) Before beginning construction for the erection of a new building, the alteration of an existing building, or a change in facilities for a hospital, the hospital shall submit plans to the Office of Inspector General for approval. (6) To the extent possible, the cabinet shall consider all national standards when promulgating administrative regulations for hospital licensure. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 9, sec. 4, effective June 24, 2015. -- Created 2002 Ky. Acts ch. 159, sec. 1, effective July 15, 2002.

KRS 216B.190 Newborn infant -- Treatment when identity of parents is unknown -- Immunity from liability -- Anonymity of person leaving infant -- Emergency custody order -- Materials for health and medical information

216B.190. Newborn infant -- Treatment when identity of parents is unknown -- Immunity from liability -- Anonymity of person leaving infant -- Emergency custody order -- Materials for health and medical information (1) As used in this section: (a) "Newborn infant" means an infant who is medically determined to be less than thirty (30) days old.; and (b) "Participating place of worship" has the same meaning as in KRS 405.075. (2) Every hospital of this state that offers emergency services shall admit and provide all necessary medical care, diagnostic tests, and medical treatment to any newborn infant brought to the hospital when the identity of the parents is unknown. Any person performing medical care, diagnostic testing, or medical treatment shall be immune from criminal or civil liability for having performed the act. Nothing in this subsection shall limit liability for negligence. (3) Any person or parent, other than an emergency medical services provider, a police officer, a firefighter, or a staff member at a participating place of worship acting in the course of his or her official duties, who leaves a newborn infant at an emergency room, or brings a newborn infant to an emergency room and expresses an intent to leave the infant and not return, shall have the right to remain anonymous and to leave at any time, and shall not be pursued or followed. The physician shall consider these actions as implied consent for treatment. (4) Upon admittance, the physician or hospital administrator shall immediately contact the local office of the Department for Community Based Services. The Department for Community Based Services shall immediately seek an emergency custody order in accordance with KRS 620.350. (5) Every emergency room shall make available materials to gather health and medical information concerning the infant and the parents. The materials shall be offered to the person leaving the newborn infant and it shall be clearly stated that acceptance is completely voluntary and completion of the materials may be done anonymously. (6) The provisions of subsection (3) of this section shall not apply when indicators of child physical abuse or child neglect are present. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 122, sec. 4, effective July 15, 2016. -- Created 2002 Ky. Acts ch. 303, sec. 3, effective April 9, 2002.

KRS 216B.195 Residential hospice facilities -- Automated pharmacy system

216B.195. Residential hospice facilities -- Automated pharmacy system (1) As used in this section: (a) "Automated pharmacy system" means a mechanical system that delivers prescribed over-the-counter and legend drugs, and controlled substances received from a pharmacy licensed in Kentucky that maintains transaction information; and (b) "Residential hospice facility" means a facility licensed under KRS Chapter 216B that provides residential skilled nursing care, pain management, and treatment for acute and chronic conditions for terminally ill patients. (2) A residential hospice facility shall be deemed in compliance with licensure requirements relating to pharmaceutical services if the facility obtains pharmacy services through an automated pharmacy system in accordance with KRS 315.295 and related administrative regulations promulgated by the Kentucky Board of Pharmacy. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 153, sec. 3, effective July 12, 2006.

KRS 216B.198 Freestanding birthing centers -- Cabinet to establish licensing standards - - Medical director -- Informed consent -- Patient transfer agreements -- Liability -- Prohibition against performance of abortion

216B.198. Freestanding birthing centers -- Cabinet to establish licensing standards - - Medical director -- Informed consent -- Patient transfer agreements -- Liability -- Prohibition against performance of abortion (1) As used in this section, "freestanding birthing center" means any health facility, place, or institution which is not a hospital, is not in a hospital or a private residence, and is established to provide care for labor, delivery, the immediate postpartum period, and the newborn immediately following delivery. (2) The cabinet shall establish licensure standards for freestanding birthing centers that: (a) Require accreditation by the Commission for the Accreditation of Birth Centers; (b) Delineate requirements for medical malpractice insu rance; (c) Require location within thirty (30) miles of a hospital. If a hospital located within thirty (30) miles of a freestanding birthing center ceases operations after a freestanding birthing center has been established, the requirement of this paragraph shall not apply to the affected freestanding birthing center; (d) Do not prohibit a hospital from owning or operating a freestanding birthing center that complies with the requirements of this section; and (e) Include any other requirements deemed nece ssary by the cabinet that are not inconsistent with the other requirements of this section. (3) (a) A freestanding birthing center shall have a medical director who is a licensed physician who has, at a minimum, the following functions: 1. Participation in approval of criteria that would exclude a client or newborn from receiving care at the freestanding birthing center; and 2. Participation in the quality review functions of the freestanding birthing center, including review of transfers and sentinel events. (b) The cabinet shall establish a timeline for a freestanding birthing center to fill the position of medical director if the position becomes vacant. (4) A freestanding birthing center shall obtain written informed consent for each clie nt receiving care. The written informed consent shall include: (a) A description of the benefits, risks, and eligibility requirements for receiving care at the freestanding birthing center; (b) A description of the education and credentials of practitioner s providing clinical care at the freestanding birthing center; (c) Instructions for obtaining a copy of the administrative regulations promulgated pursuant to this section; (d) Instructions for filing a complaint relating to the freestanding birthing cente r with the cabinet; (e) A summary of a written protocol for emergencies, including transfer to a higher level of care; (f) Disclosure of professional liability insurance held by health care providers at the freestanding birthing center; and (g) A summary of procedures established by the freestanding birthing center for professional collaboration with other care providers. (5) (a) A freestanding birthing center shall have a written patient transfer agreement with a hospital that provides obstetric services. The cabinet shall establish minimum requirements for the patient transfer agreement which shall include: 1. Specifying the responsibilities that a freestanding birthing center and a hospital assume in the transfer of a patient; and 2. Establishing the freestanding birthing center’s responsibility for: a. Notifying the receiving hospital promptly of the impending transfer of a patient; and b. Arranging for appropriate and safe transportation. (b) The cabinet shall establish a process and criteria by which th e requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a hospital that provides obstetric services to enter into a written patient transfer agreement with the freestanding birthing center. (6) (a) A freestanding birthing center shall have a written patient transfer agreement with a licensed emergency medical transportation service. (b) The cabinet shall establish a process and criteria by which the requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a licensed emergency medical transportation service to enter into a written patient transfer agreement with the freestanding birthi ng center. (7) A certificate of need shall not be required to establish and license a freestanding birthing center with no more than four (4) beds. (8) (a) Nothing in this section is intended to expand or limit the liability of a health care provider, health care facility, or freestanding birthing center. (b) In the event of an action for injury or death due to any act or omission of a health care provider rendering services at a freestanding birthing center from which an injured patient is transferred to a ny other licensed health care provider or licensed health care facility: 1. The liability of the subsequent licensed health care provider or licensed health care facility shall be limited to their own negligent acts and omissions that violate their standar ds of care according to existing law, except as provided in subparagraph 2. of this paragraph; and 2. If the subsequent licensed health care provider or licensed health care facility owns, operates, or provides care at the freestanding birthing center from which the injured patient was transferred, then the licensed health care provider or licensed health care facility shall be liable for acts or omissions that violate their standards of care and that occurred at the freestanding birthing center. (9) In accordance with KRS 311.772, no person shall perform an abortion in a freestanding birthing center. Effective: June 27, 2025 History: Created 2025 Ky. Acts ch. 121, sec. 1, effective June 27, 2025. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 23, provides that the Cabinet for Health and Family Services shall promulgate updated administrative regulations in accordance with KRS Chapter 13A to implement the requirements of this statute by December 1, 2025. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 121, sec. 24, provides that the Act, which created this statute, may be cited as the Mary Carol Akers Birth Centers Act.

KRS 216B.200 Definitions for KRS 216B.200 to 216B.210

216B.200. Definitions for KRS 216B.200 to 216B.210 As used in KRS 216B.200 to 216B.210, the following terms have the same meaning as in KRS 311.7731: (1) "Abortion"; (2) "Abortion-inducing drug"; (3) "Adverse event"; (4) "Associated physician"; (5) "Complication"; (6) "Distributor"; (7) "Manufacturer"; (8) "Nonsurgical abortion provider"; and (9) "Qualified physician." Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 14, effective April 14, 2022. Legislative Research Commission Note (4/14/2022). The statutory range of KRS 216B.200 to 216B.210 was created by 2022 Ky. Acts ch. 210, secs. 14 to 19. Section 38 of that Act states, "Sections 1 to 31 of this Act may be cited as the Humanity in Healthcare Act of 2022."

KRS 216B.202 Kentucky Abortion-Inducing Drug Certification Program -- Administrative regulations

216B.202. Kentucky Abortion-Inducing Drug Certification Program -- Administrative regulations (1) The cabinet shall promulgate administrative regulations to create a certification program to oversee and regulate the distribution and dispensing of abortion-inducing drugs. The program shall be known as the Kentucky Abortion-Inducing Drug Certification Program. The program shall establish certification requirements for manufacturers and distributors to transport, supply, or sell abortion-inducing drugs; pharmacies that dispense abortion-inducing drugs; and abortion facilities licensed under KRS 216B.0431. (2) The certification requirements shall include recognition that abortion-inducing drugs may only be provided to patients by qualified physicians who are registered as nonsurgical abortion providers and that abortion-inducing drugs shall not intentionally, knowingly, or recklessly be provided directly to a patient outside of the parameters of Kentucky's Abortion-Inducing Drug Certification Program. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 15, effective April 14, 2022.

KRS 216B.204 Duties of cabinet -- Eligibility for certification

216B.204. Duties of cabinet -- Eligibility for certification (1) The cabinet, shall, at a minimum: (a) Require completion of the certification process for pharmacies, manufacturers, distributors, and abortion facilities; (b) Notify certified pharmacies, manufacturers, distributors, and abortion facilities which physicians are registered as nonsurgical abortion providers with the cabinet; (c) Prohibit intentionally, knowingly, or recklessly shipping abortion-inducing drugs to physicians who become unregistered; (d) Audit newly certified pharmacies, manufacturers, and distributors within ninety (90) calendar days after certification and annually thereafter, to ensure that all processes and procedures are in place and functioning to support the requirements of the Abortion-Inducing Drug Certification Program; (e) Suspend immediately a pharmacist's, manufacturer's, or distributor's certification if found to be noncompliant until full compliance is demonstrated; (f) Enforce compliance and develop a compliance reporting system; (g) Prohibit pharmacies from intentionally, knowingly, or recklessly dispensing or distributing abortion-inducing drugs directly to a patient in the Commonwealth; and (h) Require manufacturers and distributors of abortion-inducing drugs to intentionally and knowingly distribute only to certified pharmacies and in-person dispensing clinics, medical offices, and hospitals that are in compliance with the United States Federal Drug Administration's outlined Mifepristone Risk Evaluation and Mitigation Strategy in effect on April 14, 2022. (2) To be eligible for certification, pharmacies, manufacturers, and distributors of abortion-inducing drugs shall: (a) Have either obtained a Kentucky license as a distributor, or a Kentucky permit as a pharmacy or manufacturer; (b) Only distribute to or fulfill prescriptions requested by qualified physicians who are registered as nonsurgical abortion providers with the cabinet; (c) Abide by all applicable standards of the National Association of Boards of Pharmacy; (d) For online sales or orders, hold a current pharmacy or pharma domain and abide by all required standards by the National Association of Boards of Pharmacy to maintain the domain; (e) Follow all other applicable state or federal laws related to the dispensation, distribution, or delivery of legend drugs, including abortion-inducing drugs; and (f) Follow all acceptable processes and procedures to maintain a dispensation, distribution, or delivery system that is secure, confidential, and follows all processes and procedures, including those for storage, handling, shipping, tracking packages, serial numbers, National Drug Codes, lot numbers, expiration dates, proof of delivery, and controlled returns of abortion-inducing drugs. (3) To be eligible for certification, pharmacies shall: (a) Be certified by the United States Food and Drug Administration to dispense abortion-inducing drugs; (b) Submit proof of certification by the abortion-inducing drug manufacturer for the distribution of abortion-inducing drugs; and (c) Only fulfill prescriptions that are accompanied by the required patient consent form. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 16, effective April 14, 2022.

KRS 216B.206 Eligibility to register as nonsurgical abortion provider -- Requirements for registered physicians

216B.206. Eligibility to register as nonsurgical abortion provider -- Requirements for registered physicians (1) To be eligible to register as a nonsurgical abortion provider, the cabinet shall require a qualified physician to: (a) Be licensed to practice medicine and in good standing in Kentucky; (b) Examine any patient in-person prior to providing abortion-inducing drugs; (c) Sign an annual "Dispensing Agreement Form," to be developed and provided by the cabinet, prior to providing abortion-inducing drugs; (d) Inform the patient of gestational age-specific risks of using abortion-inducing drugs; (e) Assess for signs of domestic abuse, reproductive control, human trafficking, and other signals of coerced abortion, per current state guidelines; (f) Inform the patient that studies show babies born following the abortion reversal process have a rate of birth defects no higher than the general population; (g) Inform the patient that studies show that following a reversal process or otherwise treating a pregnant patient with progesterone during pregnancy does not lead to increased mortality rates; (h) Refrain from intentionally or knowingly supplying abortion-inducing drugs to patients who present with any of the following: 1. Absence of a pregnancy; 2. Being post-seventy (70) days gestation or post-ten (10) weeks of pregnancy; or 3. Risk factors associated with abortion-inducing drugs, including but not limited to: a. A history of ectopic pregnancies; b. Problems with the adrenal glands near the kidneys; c. Being treated with long-term corticosteroid therapy; d. Allergic reactions to abortion-inducing drugs, mifepristone, misoprostol, or similar drugs; e. Bleeding problems or taking anticoagulant drug products; f. Inherited porphyria; g. An intrauterine device in place; or h. Being Rh negative, requiring treatment with the prevailing medical standard of care to prevent harmful fetal or child outcomes or Rh incompatibility in future pregnancies before providing abortion-inducing drugs; (i) Provide or refer for emergency surgical intervention in cases of incomplete abortion, severe bleeding, or other abortion complications or adverse events, through maintaining hospital admitting privileges or entering into a written agreement with an associated physician; (j) Ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation or other necessary treatments, if necessary; (k) Sign, and ensure that the patient signs, all legally required informed- consent material, provide the patient with a copy showing both signatures, and place the original in the patient's medical record and forward to a certified pharmacy, if appropriate; (l) Record the serial number, National Drug Code, lot number, and expiration date from each package of each abortion-inducing drug given to the patient in the patient's medical record; (m) Submit a written protocol of how efforts will be made to schedule a follow-up appointment with the patient within fourteen (14) days to ensure a completed abortion; (n) Submit a written protocol of how complications or adverse events will be handled by the registered physician and submit a copy of a signed contract with an associated physician credentialed to handle certain complications if necessary; (o) Abide by all applicable state and federal laws regarding medical records retention, confidentiality, and privacy; and (p) Agree to follow and document compliance with all other legally required conditions for performing an abortion in Kentucky. (2) The cabinet shall require the following of registered physicians: (a) Maintain hospital admitting privileges at one (1) or more hospitals in the county or contiguous county where abortion-inducing drugs will be provided and inform the patient of the hospital or hospitals where the physician holds admitting privileges; or (b) Enter into a written associated physician agreement as required in KRS 311.7734, with a physician in the county or contiguous county where abortion-inducing drugs will be provided. The written agreement shall meet these conditions: 1. A physician who will be providing an abortion-inducing drug shall notify the patient of the location of the hospital at which the associated physician has admitting privileges; 2. The physician shall keep, at the location of his or her practice, a copy of the written agreement; 3. The cabinet shall annually submit a copy of the written agreement to each hospital located in the county or a county that is contiguous to the county where abortion-inducing drugs will be provided; 4. The agreement shall be renewed annually; and 5. The agreement shall include a requirement that the physician provide to the patient, and require the patient to sign, all legally required informed-consent material. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 17, effective April 14, 2022.

KRS 216B.208 Plan to enforce program -- Private right of action

216B.208. Plan to enforce program -- Private right of action (1) The cabinet shall develop a plan to enforce the Kentucky Abortion-Inducing Drug Certification Program that includes the following conditions: (a) If an individual or entity intentionally, knowingly, or recklessly provides abortion-inducing drugs without first seeking certification, the cabinet shall: 1. Immediately report the act to local law enforcement or other applicable state and local agencies; and 2. Impose a fine of no less than five million dollars ($5,000,000) for pharmacies, manufacturers, or distributors; (b) If a certified pharmacy, manufacturer, or distributor is determined to be in noncompliance, suspend any certification until compliance is proven to the satisfaction of the cabinet; (c) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated certification requirements, or refuses to bring operations into compliance within ninety (90) calendar days, remove certification and prohibit continued provision of abortion-inducing drugs by the pharmacy, manufacturer, or distributor until compliance is demonstrated to the satisfaction of the cabinet; (d) If a certified pharmacy, manufacturer, or distributor is in noncompliance, suspend annual recertification until compliance is demonstrated to the satisfaction of the cabinet; and (e) If a current or previously certified pharmacy, manufacturer, or distributor is found to have intentionally, knowingly, or recklessly violated KRS 216B.200 to 216B.210, or refuses to bring operations into compliance: 1. Immediately suspend the pharmacy's, manufacturer s, or distributor s certification until full compliance is demonstrated; 2. For certified pharmacies, manufacturers, or distributors, impose fines of not less than one million dollars ($1,000,000) per offense; 3. For registered physicians, impose fines of not less than one hundred thousand dollars ($100,000) per offense; 4. Permanently revoke the certification of the offender if the offender fails to demonstrate compliance within ninety (90) calendar days; 5. Impose remedial actions, which may include additional education, additional reporting, or other actions as required by the cabinet; 6. In the case of a pharmacy, manufacturer, or distributor, recommend sanctioning to the appropriate disciplinary committee of the cabinet; 7. In the case of a licensed physician, report the violation to the Kentucky Board of Medical Licensure and recommend appropriate sanctioning; 8. Publicly report any disciplinary actions, consistent with the practices of the cabinet; 9. Permanently revoke the certification of the offender; and 10. In the case of a pharmacy, manufacturer, or distributor, report the violation to the Kentucky Board of Pharmacy and recommend appropriate sanctions, including permanent revocation of licensure. (2) Individuals have a private right of action to seek restitution in any court of law with appropriate jurisdiction for any and all damages suffered for intentional, knowing, or reckless violations of KRS 216B.200 to 216B.210. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 18, effective April 14, 2022.

KRS 216B.210 Complaint portal

216B.210. Complaint portal (1) The cabinet shall develop a complaint portal on its Web site for patients, pharmacy, nursing, and medical professionals, and the public to submit information about potential violations of the Kentucky Abortion-Inducing Drug Certification Program. (2) The portal shall list the names of pharmacies, manufacturers, and distributors that are certified under the program and the physicians registered by the cabinet as nonsurgical abortion providers. (3) An individual shall be allowed to make a complaint anonymously on the portal. (4) The cabinet shall review each complaint and determine a disposition, including referral to another state department, within thirty (30) days. (5) Confidentiality of the originator of the complaint shall be protected at all times except for intrastate referrals for investigation. Effective:April 14, 2022 History: Created 2022 Ky. Acts ch. 210, sec. 19, effective April 14, 2022.

KRS 216B.230 Definitions for KRS 216B.230 to 216B.239

216B.230. Definitions for KRS 216B.230 to 216B.239 As used in KRS 216B.230 to 216B.239: (1) "After-care" means assistance with self-care tasks to be provided by a lay caregiver to a patient in the patient's residence after the patient's discharge from a hospital and may include but is not limited to: (a) Assisting with basic or instrumental activities of daily living; and (b) Carrying out self-care tasks such as managing wound care, assisting in the administration of medications, and utilizing home medical supplies; (2) "Discharge" means a patient's exit or release from a hospital to the patient's residence following an inpatient stay; (3) "Hospital" means a health facility as defined in KRS 216B.015 that provides inpatient care; (4) "Lay caregiver" means a nonmedical individual, eighteen (18) years of age or older, who takes care of a patient and is designated as a lay caregiver by that patient to provide after-care assistance to the patient living in his or her residence. "Lay caregiver" includes but is not limited to a relative, partner, friend, or neighbor who has a significant relationship with the patient; and (5) "Residence" means a dwelling that the patient considers to be his or her home. "Residence" does not include any health facility licensed or certified by the Commonwealth. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 1, effective June 29, 2017.

KRS 216B.231 Hospital must allow a patient or patient's legal guardian to designate a lay caregiver for post-discharge assistance in the patient's residence

216B.231. Hospital must allow a patient or patient's legal guardian to designate a lay caregiver for post-discharge assistance in the patient's residence (1) A hospital shall provide each patient or, if applicable, the patient's legal guardian with at least one (1) opportunity to designate one (1) lay caregiver following the patient's admission into a hospital and prior to the patient's discharge. (2) If the patient is unconscious or otherwise incapacitated upon admission into a hospital, the hospital shall provide the patient or the patient's legal guardian with an opportunity to designate a lay caregiver when the patient recovers his or her consciousness or capacity, so long as the designation or lack of a designation does not interfere with, delay, or otherwise affect the medical care provided to the patient. (3) If the patient or the patient's legal guardian declines to designate a lay caregiver, the hospital shall document this election in the patient's medical record, and the hospital shall be deemed to comply with KRS 216B.230 to 216B.239 . (4) If the patient or the patient's legal guardian designates an individual as a lay caregiver under this section, the hospital shall request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated lay caregiver following the hospital's established procedures for releasing personal health information and in compliance with all federal and state laws. (5) If the patient or the patient's legal guardian declines to consent to release medical information to the patient's designated lay caregiver, the hospital shall not be required to provide notice to the caregiver under KRS 216B.233 or provide information contained in the patient's discharge plan under KRS 216B.235. (6) The hospital shall record the patient's designation of lay caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient's designated lay caregiver in the patient's medical record. (7) A patient may elect to change his or her designated lay caregiver at any time, and the hospital shall record this change in the patient's medical record as soon as practicable. (8) A designation of a lay caregiver by a patient or a patient's legal guardian under this section shall not obligate any individual to perform any after-care tasks for any patient. (9) This section shall not be construed to require a patient or a patient's legal guardian to designate any individual as a lay caregiver. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 2, effective June 29, 2017.

KRS 216B.233 Notice to designated lay caregiver of patient's discharge

216B.233. Notice to designated lay caregiver of patient's discharge If a patient or a patient's legal guardian has designated a lay caregiver, the hospital shall notify the patient's designated lay caregiver of the patient's discharge as soon as practicable. If the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 3, effective June 29, 2017.

KRS 216B.235 Consultation with designated lay caregiver and development of discharge plan -- Administrative regulations

216B.235. Consultation with designated lay caregiver and development of discharge plan -- Administrative regulations (1) As soon as practicable a hospital shall consult with a designated lay caregiver regarding the patient's after-care needs. If the hospital is unable to contact the designated lay caregiver, the lack of contact shall not interfere with, delay, or otherwise affect an appropriate discharge of the patient. (2) A discharge plan shall include: (a) The name and contact information of the designated lay caregiver; (b) A description of after-care tasks the patient may perform at the patient's residence; and (c) Contact information for health care, community, and long-term care resources and supports that may be available and appropriate to assist in implementing the patient's discharge plan. (3) The purpose of the hospital's consultation with a patient's lay caregiver as described in this section is to assist the lay caregiver in preparing for the patient's after-care needs, which may include demonstrations of after-care tasks and an opportunity to ask questions. The date and time of the consultation shall be documented in the patient's medical record. (4) The Cabinet for Health and Family Services may promulgate administrative regulations it deems necessary to implement KRS 216B.230 to 216B.239. Effective: June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 4, effective June 29, 2017.

KRS 216B.237 Rights of agent operating under health care directive not affected by KRS 216B.230 to 216B.239

216B.237. Rights of agent operating under health care directive not affected by KRS 216B.230 to 216B.239 Nothing in KRS 216B.230 to 216B.239 shall be construed to interfere with the rights of an agent operating under a valid health care directive pursuant to KRS Chapter 311. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 5, effective June 29, 2017.

KRS 216B.239 No private right of action created or standard of care established by KRS 216B.230 to 216B.239 regarding hospital's noncompliance

216B.239. No private right of action created or standard of care established by KRS 216B.230 to 216B.239 regarding hospital's noncompliance Nothing in KRS 216B.230 to 216B.239 shall be construed to create a private right of action or be construed as establishing a standard of care, with respect to a claim that a hospital has failed to comply with KRS 216B.230 to 216B.239 either in whole or in part. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 47, sec. 6, effective June 29, 2017.

KRS 216B.250 Health facility to furnish itemized statement of charges on request of paying patient

216B.250. Health facility to furnish itemized statement of charges on request of paying patient (1) For purposes of this section, "paying patient" means persons receiving health care services who pay directly for services rendered, patients with private health insurance or health maintenance organization coverage, persons receiving Medicaid or Medicaid benefits under Title XVIII and Title XIX of the Social Security Act and persons receiving veteran's health care benefits. "Paying patient" does not include medically indigent persons with no source of payment whatsoever. (2) (a) When a copy of an itemized statement is requested by any paying patient, each health facility shall furnish to the patient within thirty (30) days of the patient's discharge or within fifteen (15) days of the patient's request, whichever is later, one (1) copy free of charge of the itemized statement of services rendered and charges incurred by the patient. (b) A summary statement of services rendered and charges incurred by the patient shall be included with the invoice sent by a health facility to the patient. Each invoice shall indicate that an itemized statement may be obtained upon request. The Cabinet for Human Resources shall impose a civil fine of five hundred dollars ($500) for each violation by a health care facility for failure to provide an itemized statement as required under this section. (c) The itemized statement shall be stamped "Kentucky Revised Statutes prohibit the use of this statement for insurance payment purposes where benefits have been assigned." (3) Each health facility shall post in a publicly visible place in their admission, outpatient areas and, where applicable, emergency areas that an itemized statement is available to any paying patient upon request. (4) The itemized statement rendered shall be the record maintained by the health facility that details the charges made for services rendered to patients and shall indicate whether an assignment of benefits has been obtained. (5) Each health facility shall designate and make available appropriate staff to provide, upon patient request, an explanation of charges listed in the itemized statement. (6) If a health facility knows of a discrepancy in the total charges as reported in an itemized statement and that which is reported to a third party payor, or at any time that a health facility becomes aware of such a discrepancy, the health facility shall provide the patient and third party payor with notification, an explanation and, if applicable, any reconciliation of the discrepancy in total charges. Effective: April 10, 1998 History: Amended 1998 Ky. Acts ch. 496, sec. 57, effective April 10, 1998. -- Created 1986 Ky. Acts ch. 288, sec. 1, effective July 15, 1986.

KRS 216B.300 Definitions for KRS 216B.300 to 216B.320 and KRS 216B.990(5)

216B.300. Definitions for KRS 216B.300 to 216B.320 and KRS 216B.990(5) As used in KRS 216B.300 to 216B.320 and KRS 216B.990(5), unless the context requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services or its designee. "Designee" means any agency established under KRS Chapter 211 or KRS 147A.050 whose duties related to this chapter shall be set forth in administrative regulation; (2) "Secretary" means the secretary of the Cabinet for Health and Family Services; (3) "Boarder" means a person who does not require supervision or assistance related to medication, activities of daily living, or a supervised plan of care; and (4) "Boarding home" means any home, facility, institution, lodging, or other establishment, however named, which accommodates three (3) or more adults not related by blood or marriage to the owner, operator, or manager, and which offers or holds itself out to offer room and board on a twenty-four (24) hour basis for hire or compensation. It shall not include any facility which is otherwise licensed and regulated by the cabinet or any hotel as defined in KRS 219.011(3). Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 161, sec. 33, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 507, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 451, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 439, sec. 1, effective July 13, 1990.

KRS 216B.303 Rights of residents of boarding homes

216B.303. Rights of residents of boarding homes Every resident in a boarding home, as defined in KRS 216B.300, shall have at least the following rights: (1) Before entering a boarding home, the resident or the resident's guardian, if any, shall be fully informed in writing, as evidenced by the resident's written acknowledgment or that of the resident's guardian, of all services provided by the boarding home and all applicable charges. (2) Before entering a boarding home, the resident or the resident's guardian shall be fully informed in writing, as evidenced by the resident's written acknowledgment or that of the resident's guardian, of all the resident's rights as defined in this section, and a list of any rules established by the boarding home. (3) All residents shall be allowed to exercise their rights as a resident and a citizen, and may voice grievances and recommend changes in policies and services to the boarding home operator and to outside representatives of their choice, free from restraint, interference, coercion, discrimination, or reprisal. (4) All residents shall be free from mental and physical abuse. (5) Each resident may manage the use of his personal funds. The boarding home operator shall not require a resident to designate the operator as payee for any benefits received by the resident. However, if the operator accepts the responsibility for managing the resident's personal funds as evidenced by the operator's written acknowledgment, proper accounting and monitoring of such funds shall be made. This shall include the operator giving quarterly itemized statements to the resident or the resident's guardian which detail the status of the resident's personal funds and any transactions in which such funds have been received or disbursed. The operator shall return to the resident his valuables, personal possessions, and any unused balance of moneys from his account at the time the resident leaves the boarding home. (6) Residents shall not be required to perform services for the boarding home. (7) Residents may associate and communicate privately with persons of their choice, within reasonable hours established by the boarding home, and send and receive personal mail unopened. (8) No resident shall be detained against the resident's will. Residents shall be permitted and encouraged to go outdoors and leave the premises as they wish. (9) Residents shall be permitted to participate in activities of social, religious, and community groups at their discretion. (10) Residents shall be assured of at least visual privacy in multibed rooms and in bathrooms. (11) If the resident has been adjudicated wholly mentally disabled in both financial and personal affairs in accordance with KRS 387.590, the resident's guardian shall not place the ward in a boarding home. (12) Each resident shall be treated with consideration, respect, and full recognition of his dignity and individuality. (13) Residents shall have access to a telephone at a convenient location within the boarding home for making and receiving telephone calls subject to reasonable rules established by the boarding home. (14) Residents have the right to have private meetings with inspectors representing the Cabinet for Health and Family Services. (15) Each resident and his guardian has the right to have access to all inspection reports on the boarding home. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 508, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 452, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 63, sec. 2, effective July 14, 1992.

KRS 216B.305 Registration of boarding home -- Standards for operation -- Unannounced inspection -- Denial of registration -- Access by cabinet employees and agents -- No preemption of local authority for stricter requirements

216B.305. Registration of boarding home -- Standards for operation -- Unannounced inspection -- Denial of registration -- Access by cabinet employees and agents -- No preemption of local authority for stricter requirements (1) A person, association, business entity, or organization shall not advertise, solicit boarders, or operate a boarding home without registering, on an annual basis, in a manner and form prescribed by the secretary. A person who has been convicted of a crime of abuse or neglect under KRS 508.100 to 508.120 or who has had a report of abuse substantiated by the cabinet shall not be registered to operate a boarding home. The secretary shall impose a fee, not to exceed one hundred dollars ($100), for this registration. (2) The secretary shall adopt standards, by administrative regulation pursuant to KRS Chapter 13A, for the operation of boarding homes. The administrative regulations shall include minimum requirements in the following areas: (a) Minimum room sizes for rooms occupied for sleeping purposes. Rooms occupied by one (1) boarding home resident shall contain at least sixty (60) square feet of floor space. Rooms occupied by more than one (1) occupant shall contain at least forty (40) square feet of floor space for each occupant; (b) Bedding, linens, and laundry services provided to residents; (c) Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation of the premises; (d) Heating, lighting, and fire prevention, including the installation and maintenance of smoke detectors; (e) Maintenance of the building; (f) Food handling, preparation, and storage, and kitchen sanitation; (g) Nutritional standards sufficient to meet the boarder's need; (h) Complaint procedures whereby residents may lodge complaints with the cabinet concerning the operation of the boarding home; and (i) Initial and periodic screening procedures to ensure that individuals meet the definition of "boarder" under KRS 216B.300(3). (3) Prior to the initial or annual registration of a boarding home, the cabinet shall cause an unannounced inspection to be made of the boarding home, either by cabinet personnel or through the local health department acting on behalf of the cabinet, to determine if the boarding home is in compliance with: (a) Standards established in subsections (1) and (2) of this section; (b) Administrative regulations relating to the operation of boarding homes promulgated pursuant to subsection (2) of this section; and (c) All applicable local health, fire, building, and safety codes and zoning ordinances. (4) (a) A boarding home shall not be regis tered to any person, association, business entity, or organization that has been previously penalized for operating a boarding home without a registration or that has had a previously denied or revoked registration to operate a boarding home, for a period of five (5) years following the date of imposition of the previous penalty or denial or revocation of registration. (b) A boarding home operator may appeal the cabinet's denial of initial or annual registration, and an administrative hearing shall be conducted in accordance with KRS Chapter 13B. A hearing held for a summary suspension shall be expedited and shall be in accordance with administrative regulations promulgated by the cabinet. If a boarding home continues to operate in violation of administrative regulations promulgated pursuant to subsection (2) of this section, the cabinet shall institute injunctive proceedings in Circuit Court to terminate the operation of the boarding home. (5) Any person, association, business entity, or organization that submits an application to register a boarding home that conceals a previously denied or revoked application or conceals a penalty received for operating a boarding home without a registration shall be liable for a civil penalty of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000). Any registration issued in reliance upon the application concealing information shall be immediately revoked. (6) Initial and annual registration may be denied and existing registration may be revoked for any of the following: (a) The boarding home fails to achieve or maintain substantial and continuing compliance with administrative regulations promulgated pursuant to subsection (2) of this section; (b) The boarding home fails or refuses to correct violations within a reasonable time as specified by the cabinet; or (c) The applicant for registration or the registrant has been convicted of a crime related to abuse, neglect, or exploitation of an adult or has had an incident of adult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated by the cabinet. (7) Employees or designated agents of the cabinet shall have the authority to enter at any time a boarding home or any premises suspected of operating as an unregistered boarding home for the purpose of conducting an inspection or investigating a complaint. (8) A boarding home shall not handle, store, dispense, or assist with the dispensing of a boarder's prescription or non-prescription medications. (9) Upon request of the boarder, the boarding home shall provide access to a lockable compartment for use by a resident who requests secure storage for prescription medication. (10) If a boarding home fails to meet a minimum standard established in subsection (2) or (3) of this section and is in such a condition that the cabinet determines that the boarding home's continued operation poses a significant risk to the health and safety of its residents, the cabinet may summarily suspend the registration of the boarding home by ordering that its operations cease until corrections are made or until a hearing is held on the appropriateness of the suspension. (11) Nothing in this section or KRS 216B.303 shall be construed to prohibit local governments from imposing requirements on boarding homes that are stricter than those imposed by administrative regulations of the Cabinet for Health and Family Services. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 26, effective July 15, 2026. -- Amended 2005 Ky. Acts ch. 99, sec. 509, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 170, sec. 2, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 453, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 121, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 63, sec. 1, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 439, sec. 2, effective July 13, 1990.

KRS 216B.306 Procedures, remedies, and penalties for operation of boarding home without registration

216B.306. Procedures, remedies, and penalties for operation of boarding home without registration (1) When the cabinet has reasonable cause to believe that any person, association, business entity, or organization is operating a boarding home without a registration, the cabinet may: (a) Issue and deliver a notice to cease and desist from the violations; (b) Issue and deliver a notice to cease and desist to any person who aids and abets the operation of a boarding home that is not registered; and (c) Impose a civil penalty of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000) upon the person, association, business entity, or organization that operates a boarding home that is not registered by the cabinet. (2) Issuance of a notice under subsection (1) of this section shall not constitute agency action for which a hearing under KRS Chapter 13B may be sought. (3) For the purpose of enforcing a cease and desist order and penalties under subsection (1) of this section, the cabinet may file a proceeding in the name of the Commonwealth seeking issuance of an injunction and enforcement of penalties against any person who violates subsection (1) of this section. (4) In addition to the remedies under subsection (1) of this section, the cabinet may impose a civil penalty of at least one thousand dollars ($1,000) but not more than five thousand dollars ($5,000) upon the person, association, business, entity, or organization who aids and abets the operation of a boarding home that is not registered. If the cabinet is required to seek enforcement of the cease and desist order, it shall be entitled to collect attorney's fees, costs, and any expenses incurred by the cabinet or local government as a consequence of and incident to the relocation of boarders to appropriate housing. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 170, sec. 1, effective July 13, 2004.

KRS 216B.310 Listing of boarding homes to be maintained

216B.310. Listing of boarding homes to be maintained The secretary shall maintain a listing of all registered boarding homes which shall be updated at least quarterly. At the time the list is updated, the cabinet shall submit the list of registered boarding homes to the local health department and fire department in counties containing registered boarding homes. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 63, sec. 3, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 439, sec. 3, effective July 13, 1990.

KRS 216B.315 Student housing not included in KRS 216B.300 to 216B.320

216B.315. Student housing not included in KRS 216B.300 to 216B.320 Nothing in KRS 216B.300 to 216B.320 shall be construed as requiring registration by persons providing room or board or both to students. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 439, sec. 4, effective July 13, 1990.

KRS 216B.320 KRS 216B.300 to 216B.320 not applicable to boarding home regulated by federal government

216B.320. KRS 216B.300 to 216B.320 not applicable to boarding home regulated by federal government The provisions of KRS 216B.300 to 216B.320 shall not apply to any boarding home operated or regulated by the federal government. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 439, sec. 5, effective July 13, 1990.

KRS 216B.330 Administrative regulations

216B.330. Administrative regulations The cabinet shall promulgate administrative regulations according to KRS Chapter 13A that set forth the procedures and requirements for obtaining a certificate of compliance for a continuing care retirement community. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 264, sec. 5, effective July 14, 2000.

KRS 216B.332 Requirements for certificate of compliance -- Assessment of residents in nursing home beds -- Limitations upon admission to nursing home beds -- Move-out notice and alternative living arrangements -- Certificate of need not required to provide home health services to on-campus residents

216B.332. Requirements for certificate of compliance -- Assessment of residents in nursing home beds -- Limitations upon admission to nursing home beds -- Move-out notice and alternative living arrangements -- Certificate of need not required to provide home health services to on-campus residents (1) To be eligible for a certificate of compliance, a continuing care retirement community shall certify in writing to the cabinet and shall disclose in writing to each of its residents that: (a) None of the health facilities or health services operated by the continuing care retirement community shall apply for or become certified for participation in the Medicaid program; and (b) No claim for Medicaid reimbursement shall be submitted for any person for any health service provided by the continuing care retirement community. (2) A continuing care retirement community may establish one (1) bed at the nursing home level of care for every four (4) living units or personal care beds operated by the continuing care retirement community collectively. All residents in nursing home beds shall be assessed using the Health Care Financing Administration or Centers for Medicare and Medicaid Services approved long-term care resident assessment instrument. (3) Admissions to continuing care retirement community nursing home beds shall be exclusively limited to on-campus residents. A resident shall not be admitted to a continuing care retirement community nursing home bed prior to ninety (90) days of residency in the continuing care retirement community unless the resident experiences a significant change in health status documented by a physician. No resident admitted to a nursing home bed shall be transferred or discharged without thirty (30) days prior written notice to the resident or his or her guardian. (4) A continuing care retirement community shall assist each resident upon a move-out notice to find appropriate living arrangements. Each continuing care retirement community shall share information on alternative living arrangements provided by the Department for Aging and Independent Living at the time a move-out notice is given to a resident. The written agreement executed by the resident and the continuing care retirement community shall contain provisions for assisting any resident who has received a move-out notice to find appropriate living arrangements, prior to the actual move-out date. (5) Home health services provided by a continuing care retirement community to its on- campus residents shall not require a certificate of need. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 90, sec. 1, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 24, sec. 24, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 61, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 264, sec. 6, effective July 14, 2000.

KRS 216B.400 Emergency care -- Examination services for victims of sexual offenses -- Training for emergency medical services staff on sexual assault emergency response -- Content of training -- Examination expenses paid by Crime Victims Compensation Board -- Reporting to law enforcement -- Examination samples as evidence

216B.400. Emergency care -- Examination services for victims of sexual offenses -- Training for emergency medical services staff on sexual assault emergency response -- Content of training -- Examination expenses paid by Crime Victims Compensation Board -- Reporting to law enforcement -- Examination samples as evidence (1) Where a person has been determined to be in need of emergency care by any person with admitting authority, the person shall not be denied admission by reason only of his or her inability to pay for services to be rendered by the hospital. (2) A hospital that offers emergency services shall provide that a physician, a sexual assault nurse examiner, who shall be a registered nurse licensed in the Commonwealth and credentialed by the Kentucky Board of Nursing as provided under KRS 314.142, or another qualified medical professional, as defined by administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Adv isory Committee as defined in KRS 403.707, is available on call twenty -four (24) hours each day for the examinations of persons seeking treatment as victims of sexual offenses as defined by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 530.020, 530.064(1)(a), and 531.310. (3) (a) A hospital that offers emergency services shall provide mandatory training for all emergency medical services staff on sexual assault emergency response requirements, protocols, and resources. (b) The training curriculum shall be developed in collaboration with the members of the Sexual Assault Response Team Advisory Committee appointed pursuant to KRS 403.707 and shall include but not be limited to the following: 1. Instruction on the provisions of: a. KRS 49.270 to 49.490 relating to crime victims' compensation coverage and reimbursement and any related administrative regulations promulgated by the Public Protection Cabinet; b. KRS 214.185 relating to the diagnosis and treatment of disease, addictions, or other conditions of a minor; c. KRS 216B.015 relating to the definition of a sexual assault examination facility; d. KRS 216B.140 relating to medical and diagnostic services for minor victims of sexual violence; e. This section relating to hospital duties to victims of sexual violence and victims' rights and related administrative regulations promulgated by the Cabinet for Health and Family Services; f. KRS 216B.401 relating to SANE-ready hospitals that have sexual assault nurse examiner available on call twenty-four (24) hours a day; g. Administrative regulations promulgated by the Justice and Public Safety Cabinet relating to protocols for sexual assault forensic exams and storage of sexual assault forensic exam kits; and h. Administrative regulations promulgated by the Kentucky Board of Nursing relating to sexual assault nurse examiner credentialing and standards; 2. An overview of: a. The Kentucky Medical Protocol for Child Sex ual Assault/Abuse Evaluation; b. Resources related to sexual assault available from the Kentucky Hospital Association; and c. The Kentucky State Police sexual assault forensic examination (SAFE) kit tracking portal; and 3. Instruction on: a. Forensic evidence collection provided by a credentialed sexual assault nurse examiner and a board -certified child abuse pediatrician or designee; and b. Services provided by a rape crisis center and a children's advocacy center. (4) An examination provided in accordance with this section of a victim of a sexual offense may be performed in a sexual assault examination facility as defined in KRS 216B.015. An examination under this section shall apply only to an examination of a victim. (5) The physician, sexual assault nurse examiner, or other qualified medical professional, acting under a statewide medical forensic protocol which shall be developed by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as defined i n KRS 403.707, and promulgated by the secretary of justice and public safety pursuant to KRS Chapter 13A shall, upon the request of any peace officer or prosecuting attorney, and with the consent of the victim, or upon the request of the victim, examine th e victim for the purposes of providing basic medical care relating to the incident and gathering samples that may be used as physical evidence. This examination shall include but not be limited to: (a) Basic treatment and sample gathering services; and (b) Laboratory tests, as appropriate. (6) Each victim shall be informed of available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric problems. Pregnancy counseling shall not include abortion counseling o r referral information. (7) Each victim shall be informed of available crisis intervention or other mental health services provided by regional rape crisis centers providing services to victims of sexual assault. (8) Notwithstanding any other provision of law, a minor may consent to examination under this section. This consent is not subject to disaffirmance because of minority, and consent of the parents or guardians of the minor is not required for the examination. (9) (a) The examinations provided in acc ordance with this section and other services provided to a victim pursuant to subsection (10) of this section shall be paid for by the Crime Victims Compensation Board at a rate to be determined by the administrative regulation promulgated by the board after consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707. Payment for services rendered pursuant to subsection (10) of this section shall be made at a rate not to exceed the Medicaid reimbursement rate for the same or similar services. (b) Upon receipt of a completed claim form supplied by the board and an itemized billing for a forensic sexual assault examination or related services that are within the scope of practice of the respective provider and were performed no more than twelve (12) months prior to submission of the form, the board shall reimburse the hospital or sexual assault examination facility, pharmacist, health department, physician, sexual assault nurse examiner, or other qualified medical professional as provided in administrative regulations promulgated by the board pursuant to KRS Chapter 13A. Reimbursement shall be made to an out-of-state nurse who is credentialed in the other state to provide sexual assault examinations, an out-of-state hospital, or an out-of- state physician if the sexual assault occurred in Kentucky. (c) Independent investigation by the Crime Victims Compensation Board shall not be required for payment of claims under this section; however, the board may require additional documentation or proof that the forensic medical examination was performed. (10) When an examination of a victim of a sexual offense is provided in accordance with this section, no charge shall be made to the victim by the hospital, the sexual assault examination facility, the physician, the pharmacist, the health department, the sexual assault nurse examiner, other qualified medical professional, the victim's insurance carrier, or the Commonwealth for: (a) Sexual assault examinations, whether or not the exam is completed; (b) Prophylactic medical treatment; (c) Strangulation assessments; or (d) Other medical tests or services, including triage and ambulance expenses, related to the incident, exam, or treatment which occur on the same date as the original exam. (11) (a) Each victim shall have the right to determine whether a report or other notification shall be made to law enforcement, except where reporting of abuse and neglect of a child or a vulnerable adult is required, as set forth in KRS 209.030 and 620.030. No victim shall be denied an examination, or billed in violation of subsection (10) of this section, because the victim chooses not to file a police report, cooperate with law enforcement, or otherwise participate in the criminal justice system. (b) If the victim chooses to report to law enforcement, the hospital shall notify law enforcement within twenty-four (24) hours. (c) 1. All samples collected during an exam where the victim has chosen not to immediately report to law enforcement shall be stored, released, and destroyed, if appropriate, in accordance with an administrative regulation promulgated by the Justice and Public Safety Cabinet in consultation with the Sexual Assault Response Team Advisory Committee as defined in KRS 403.707. 2. Facilities collecting samples pursuant to this section may provide the required secure storage, sample destruction, and related activities, or may enter into agreements with other agencies qualified to do so, pursuant to administrative regulation. 3. All samples collected pursuant to this section shall be stored for at least one (1) year from the date of collection in accordance with the administrative regulation promulgated pursuant to this subsection. 4. Notwithstanding KRS 524.140, samples collected during exams where the victim chose not to report immediately or file a report within one (1) year after collection may be destroyed as set forth in accordance with the administrative regulation promulgated pursuant to this subsection. The victim shall be informed of this process at the time of the examination. No hospital, sexual assault examination facility, or designated storage facility shall be liable for destruction of samples after the required storage period has expired. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 8, sec. 1, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 67, sec. 11, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 185, sec. 83, effective June 29, 2021. -- Amended 2017 Ky. Acts ch. 191, sec. 14, effective June 29, 2017. -- Amended 2016 Ky. Acts ch. 58, sec. 4, effective April 8, 2016. -- Amended 2013 Ky. Acts ch. 69, sec. 1, effective June 25, 2013. -- Amended 2010 Ky. Acts ch. 101, sec. 1, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 250, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 57, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 73, sec. 2, effective April 6, 2004. -- Amended 2002 Ky. Acts ch. 20, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 142, sec. 6, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 260, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 274, sec. 1, effective July 13, 1990. -- Amended 1984 Ky. Acts ch. 175, sec. 1, effe ctive July 13, 1984. -- Amended 1978 Ky. Acts ch. 368, sec. 1, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 352, sec. 1(1). Legislative Research Commission Note (4/5/2018). 2017 Ky. Acts ch. 74 confirmed Executive Order 2016-576, which reorganized part of the Public Protection Cabinet to combine the Board of Claims, the Board of Tax Appeals, and the Crime Victims' Compensation Board to form the Kentucky Claims Commission. References in this statute to the Crime Victims' Compensation Board should have been changed in that Act to conform, but were inadvertently omitted. The Reviser of Statutes has made the conforming corrections under the authority of KRS 7.136(2). Legislative Research Commission Note (4/8/2016). 2016 Ky. Acts ch. 58, sec. 1 states: "All sexual assault examination kits collected pursuant to KRS 216B.400 prior to the effective date of this Act (April 8, 2016) which have not been subjected to serological or deoxyribonucleic acid testing shall be submitted to the Department of Kentucky State Police forensic laboratory by January 1, 2017. The Department of Kentucky State Police forensic laboratory shall collaborate with every Kentucky law enforcement and prosecutorial agency responsible for the collection, storage, and maintenance of sexual assault examination kits to develop a plan for the submission and testing of all such kits." Legislative Research Commission Note (4/8/2016). 2016 Ky. Acts ch. 58, sec. 11 provided that that Act shall be known as the Sexual Assault Forensic Evidence (SAFE) Act of 2016. This statute was amended in Section 4 of that Act. Formerly codified as KRS 216.453.

KRS 216B.401 Designation of SANE-ready hospitals

216B.401. Designation of SANE-ready hospitals (1) The secretary of the Cabinet for Health and Family Services shall designate as a SANE-ready hospital any acute care hospital which has certified, and recertifies annually, that a sexual assault nurse examiner as defined in KRS 314.011 is available on call twenty-four (24) hours each day for the examination of persons seeking treatment as victims of sexual offenses as defined by KRS 510.040, 510.050, 510.060, 510.070, 510.080, 510.090, 510.110, 510.120, 510.130, 510.140, 530.020, 530.064(1)(a), and 531.310. (2) The secretary shall suspend or revoke an acute care hospital's designation as a SANE-ready hospital if the hospital fails to recertify annually, or if it notifies the secretary that it no longer meets the requirements of this section. (3) (a) The cabinet shall maintain a list of SANE-ready hospitals and post the list on its Web site. The cabinet shall provide the list and periodic updates to the Kentucky Board of Emergency Medical Services. (b) The Kentucky Board of Emergency Medical Services shall share the list with each local emergency medical services provider at least annually, and as new centers and hospitals are designated and certified. Effective:April 8, 2016 History: Created 2016 Ky. Acts ch. 58, sec. 8, effective April 8, 2016. Legislative Research Commission Note (4/8/2016). 2016 Ky. Acts ch. 58, sec. 11 provided that that Act shall be known as the Sexual Assault Forensic Evidence (SAFE) Act of 2016. This statute was created in Section 8 of that Act.

KRS 216B.402 Protocol for treatment of drug overdose -- Cannabinoid hyperemesis syndrome

216B.402. Protocol for treatment of drug overdose -- Cannabinoid hyperemesis syndrome (1) When a person is admitted to a hospital emergency department or hospital emergency room for treatment of a drug overdose: (a) The person shall be informed of available substance use disorder treatment services known to the hospital that are provided by that hospital, other local hospitals, the local community mental health center, and any other local treatment programs licensed pursuant to KRS 222.231; (b) The hospital may obtain permission from the person when stabilized, or the person's legal representative, to contact any available substance use disorder treatment programs offered by that hospital, other local hospitals, the local community mental health center, or any other local treatment programs licensed pursuant to KRS 222.231, on behalf of the person to connect him or her to treatment; and (c) The local community mental health center may provide an on -call service in the hospital emergency department or hospital emergency room for the person who was treated for a drug overdose to provide information about services and connect the person to substance use disorder treatment, as funds are available. These services, when provided on the grounds of a hospital, s hall be coordinated with appropriate hospital staff. (2) When a person, who is a registered qualified patient or a visiting qualified patient as defined in KRS 218B.010, is admitted to a hospital emergency department or a hospital emergency room for treatment of cannabinoid hyperemesis syndrome, the hospital shall notify the cabinet within forty -eight (48) hours. Notification shall include the registered qualified patient's or a visiting qualified patient's name and registry identification card number, if available. The cabinet shall record all cases of cannabinoid hyperemesis syndrome in the electronic monitoring system established pursuant to KRS 218A.202. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 146, sec. 33, effective June 29, 2023. -- Created 2015 Ky. Acts ch. 66, sec. 7, effective March 25, 2015.

KRS 216B.405 Training to be given by urgent treatment facility and urgent care facility

216B.405. Training to be given by urgent treatment facility and urgent care facility (1) As used in this section, "urgent treatment facility" or "urgent care facility" means a facility that delivers medically necessary ambulatory medical care apart from a hospital emergency department setting usually on a walk-in basis. (2) All urgent treatment or urgent care facilities shall make available at least: (a) One (1) time every two (2) years a continuing education course relating to the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020. Training in recognizing pediatric abusive head trauma may be designed in collaboration with organizations and agencies that specialize in the prevention and recognition of pediatric abusive head trauma approved by the secretary of the Cabinet for Health and Family Services; and (b) One (1) hour one (1) time every three (3) years of continuing education in the recognition and prevention of pediatric ingestion or inhalation of controlled substances. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 68, sec. 20, effective July 15, 2026. -- Created 2010 Ky. Acts ch. 171, sec. 10, effective July 15, 2010.

KRS 216B.0415 Jurisdiction of State Board of Medical Licensure over physician's acting as medical director for an ambulance service

216B.0415. Jurisdiction of State Board of Medical Licensure over physician's acting as medical director for an ambulance service (1) The State Board of Medical Licensure shall have sole jurisdiction regarding any complaint relating to the medical supervision of an ambulance service or ambulance service personnel against a physician performing in the role of medical director for an ambulance service for basic or advanced life support services. (2) This section shall not preclude or limit the filing of civil litigation in a court of appropriate jurisdiction. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 497, sec. 3, effective July 15, 1998.

KRS 216B.0417 Jurisdiction of State Board of Nursing over registered nurse practicing with an ambulance service

216B.0417. Jurisdiction of State Board of Nursing over registered nurse practicing with an ambulance service (1) The State Board of Nursing shall have sole jurisdiction regarding any complaint relating to the practice of a registered nurse practicing under the nurse's nursing license in the prehospital setting for an ambulance service providing basic or advanced life support services. (2) This section shall not preclude or limit the filing of civil litigation in a court of appropriate jurisdiction. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 497, sec. 4, effective July 15, 1998.

KRS 216B.0425 Certification designations for stroke care for acute care hospitals and stroke centers

216B.0425. Certification designations for stroke care for acute care hospitals and stroke centers (1) Except as otherwise provided, for purposes of this section: (a) "Acute care hospital" means a licensed facility providing inpatient and outpatient medical or surgical services to an individual that seeks care and treatment, regardless of the individual's ability to pay for services, on an immediate and emergent basis through an established emergency department and a continuous treatment basis on its premises for more than twenty-four (24) hours; and (b) "Acute stroke ready hospital certification," "primary stroke center certification," "thrombectomy-capable stroke center certification," and "comprehensive stroke center certification" mean certification for acute care hospitals issued by the Joint Commission, the American Heart Association, or another cabinet-approved nationally recognized organization that provides disease-specific certification for stroke care, that: 1. Complies with census-based national standards and safety goals; 2. Effectively uses evidence-based clinical practice guidelines to manage and optimize care; and 3. Uses an organized approach to measure performance. (2) The secretary of the Cabinet for Health and Family Services shall designate as a certified stroke center any acute care hospital which has received an acute stroke ready hospital certification, a primary stroke center certification, a thrombectomy- capable stroke center, or a comprehensive stroke center certification. (3) The secretary shall suspend or revoke an acute care hospital's designation as an acute stroke ready hospital, a primary stroke center, a thrombectomy-capable stroke center, or a comprehensive stroke center if certification is withdrawn by the Joint Commission, the American Heart Association, or another cabinet-approved certifying organization. (4) (a) The cabinet shall maintain a list of certified acute stroke ready hospitals, primary stroke centers, thrombectomy-capable stroke centers, and comprehensive stroke centers and post the list on its Web site. The cabinet shall provide the list and periodic updates to the Kentucky Board of Emergency Medical Services. (b) The Kentucky Board of Emergency Medical Services shall share the list with each local emergency medical services provider at least annually, and as new centers and hospitals are designated and certified. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 33, sec. 1, effective July 14, 2022. -- Amended 2015 Ky. Acts ch. 9, sec. 1, effective June 24, 2015. -- Created 2010 Ky. Acts ch. 67, sec. 1, effective July 15, 2010.

KRS 216B.0431 Licensing and procedures for abortion facilities -- Administrative regulations

216B.0431. Licensing and procedures for abortion facilities -- Administrative regulations (1) The cabinet shall, no later than September 1, 1998, and subject to the provisions of KRS Chapter 13A, promulgate administrative regulations providing licensure standards and procedures for abortion facilities. The cabinet shall begin enforcing the administrative regulations on March 1, 1999. (2) Any person operating an abortion facility for which a license is required under this chapter may apply for the license prior to March 1, 1999. (3) Each abortion facility shall report monthly to the cabinet the information required by the cabinet by administrative regulation for each abortion performed in the facility. (4) Licensed acute-care hospitals shall be exempt from the provisions of this section, except for any reporting requirements issued by the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 582, sec. 4, effective July 15, 1998.

KRS 216B.0435 Requirement of written agreements between abortion facility and acute- care hospital and ambulance service

216B.0435. Requirement of written agreements between abortion facility and acute- care hospital and ambulance service (1) Each abortion facility shall enter into a written agreement with a licensed acute-care hospital capable of treating patients with unforeseen complications related to an abortion facility procedure by which agreement the hospital agrees to accept and treat these patients. (2) If unforeseen complications arise prior to or during an abortion facility procedure, the patient shall be transferred to the licensed acute-care hospital with which the abortion facility has a written agreement as provided under subsection (1) of this section or to the hospital selected by the patient, if the patient so chooses. (3) Each abortion facility shall enter into a written agreement with a licensed local ambulance service for the transport of any emergency patient within the scope of subsection (1) of this section to the licensed acute-care hospital. (4) The written agreements of an abortion facility with an acute-care hospital and with a local ambulance service shall be filed by the abortion facility with the cabinet. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 582, sec. 5, effective July 15, 1998.

KRS 216B.0441 Cabinet to license and regulate adult day care health programs

216B.0441. Cabinet to license and regulate adult day care health programs (1) As used in this section, "adult day health care program" means a program licensed by the Cabinet for Health and Family Services that provides organized health care for its clients during specified daytime hours, that may include continuous supervision to assure that health care needs are being met, supervision of self- administration of medications, and provision of nursing services, personal care services, self-care training, and social and recreational activities for individuals of all ages. (2) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish health, safety, and treatment requirements for licensed adult day health care programs. No person, association, corporation, or other organization shall operate or maintain an adult day health care program without first obtaining a license as provided in this section. (3) The cabinet may issue a license upon request to any adult day health care program meeting the standards required under subsection (2) of this section and administrative regulations promulgated thereunder. The cabinet may deny, revoke, suspend, or modify an adult day health care program license for failure to comply with standards set by the cabinet. (4) Services provided in an adult day health care program for its clients may include: (a) Medical therapeutic services; and (b) Physical and speech therapy. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 505, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 521, sec. 27, effective July 14, 2000.

KRS 216B.0443 Administrative regulations on adult day health care

216B.0443. Administrative regulations on adult day health care (1) The cabinet shall, on or before August 1, 2000, promulgate administrative regulations addressing the scope of services for licensed adult day health care programs. (2) The cabinet shall, on or prior to December 1, 2000, study and promulgate administrative regulations regarding the way case management for adult day health care patients is administered. Effective: July 14, 2000 History: Created 2000 Ky. Acts ch. 170, sec. 1, effective July 14, 2000.

KRS 216B.0445 Outpatient health facility operated by hospital -- Licensure -- Certificate of need

216B.0445. Outpatient health facility operated by hospital -- Licensure -- Certificate of need (1) Notwithstanding any other provision of law to the contrary, if the Federal Health Care Financing Administration issues a final regulation establishing an outpatient Medicare prospective payment system for hospitals that requires that an outpatient health facility operated by the hospital be under the same license as the hospital to achieve provider-based status, the cabinet shall, at the hospital's request, issue a new license to a hospital that owns and operates an existing or newly established outpatient health facility that lists each location operated by the hospital. (2) Any outpatient health facility listed on the hospital's license under subsection (1) of this section shall: (a) Comply with the applicable licensure regulations that pertain to the type of health services provided; and (b) Prior to the establishment of a health facility, the operation of a health facility, or the provision of health services or the addition of a health service at a location other than the hospital's main campus, obtain a certificate of need if a certificate of need would otherwise be required in the absence of subsection (1) of this section. Licensure of the outpatient health facility or service under the same license as the hospital pursuant to subsection (1) of this section shall not eliminate the requirement for a certificate of need. Effective: April 4, 2000 History: Created 2000 Ky. Acts ch. 310, sec. 4, effective April 4, 2000.

KRS 216B.450 Definitions for KRS 216B.450, 216B.455, and 216B.457

216B.450. Definitions for KRS 216B.450, 216B.455, and 216B.457 As used in this section and KRS 216B.455 and 216B.457: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Community-based" means a facility that is located in an existing residential neighborhood or community; (3) "Freestanding" means a completely detached building or two (2) residences under one (1) roof that are clearly separate and can serve youth independently; (4) "Home-like" means a residence with living space designed to accommodate the daily living needs and tasks of a family unit, with opportunity for adult-child communication, shared tasks, adult-child learning, congregate meals, and family- type routines appropriate to the ages and levels of functioning of the residents; (5) "Psychiatric residential treatment facility" means either a licensed: (a) Level I community-based, and home-like facility with a maximum of nine (9) beds which provides inpatient psychiatric residential treatment to residents age six (6) to twenty-one (21) years who have an emotional disability or severe emotional disability as defined in KRS 200.503, with an age range of no greater than five (5) years at the time of admission in a living unit; or (b) Level II home-like facility that provides twenty-four (24) hour inpatient psychiatric residential treatment and habitation to persons who: 1. Are ages four (4) to twenty-one (21) years, with an age range of no greater than five (5) years at the time of admission to the facility; 2. Have a severe emotional disability as defined by KRS 200.503 in addition to severe and persistent aggressive behaviors, intellectual disability, sexually acting out behaviors, or developmental disability; and 3. Do not meet the medical necessity criteria for an acute care hospital or a psychiatric hospital and whose treatment needs cannot be met in an ambulatory care setting, Level I psychiatric residential treatment facility, or other less restrictive environment; (6) "Qualified mental health personnel" means a staff member who operates under the supervision of a qualified mental health professional; and (7) "Qualified mental health professional" has the same meaning as in KRS 202A.011. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 7, sec. 1, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 510, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 132, sec. 1, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 455, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 332, sec. 1, effective April 9, 1992.

KRS 216B.455 Certificate-of-need requirement for Level I psychiatric residential treatment facilities -- Licensure -- Certification -- Restriction on location -- Restriction on number of beds -- Care and services for persons discharged from Level I and Level II facilities

216B.455. Certificate-of-need requirement for Level I psychiatric residential treatment facilities -- Licensure -- Certification -- Restriction on location -- Restriction on number of beds -- Care and services for persons discharged from Level I and Level II facilities (1) A certificate of need shall be required for all Level I psychiatric residential treatment facilities. The application for a 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 I psychiatric residential treatment facility and each of the following agencies, organizations, or facilities located in the service area of the proposed facility: (a) Regional interagency council for children with emotional disability or severe emotional disability as defined in KRS 200.509; (b) Department for Community Based Services; (c) Local school districts; (d) At least one (1) psychiatric hospital; and (e) Any other agency, organization, or facility deemed appropriate by the cabinet. (2) Notwithstanding provisions for granting of a nonsubstantive review of a certificate of need application under KRS 216B.095, the cabinet shall review and approve the nonsubstantive review of an application seeking to increase the number of beds as permitted by KRS 216B.450 if the application is submitted by an eight (8) bed or sixteen (16) bed Level I psychiatric residential treatment facility licensed and operating or holding an approved certificate of need on July 13, 2004. The cabinet shall base its approval of expanded beds upon the Level I psychiatric residential treatment facility's ability to meet standards designed by the cabinet to provide stability of care. The standards shall be promulgated by the cabinet in an administrative regulation in accordance with KRS Chapter 13A. An application under this subsection shall not be subject to any moratorium relating to certificate of need. (3) All Level I psychiatric residential treatment facilities shall comply with the licensure requirements as set forth in KRS 216B.105. (4) All Level I 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 standards that is recognized by the state. (5) A Level I psychiatric residential treatment facility shall not be located in or on the grounds of a psychiatric hospital. More than one (1) freestanding Level I psychiatric residential treatment facility may be located on the same campus that is not in or on the grounds of a psychiatric hospital. (6) The total number of Level I psychiatric residential treatment facility beds shall not exceed three hundred and fifteen (315) beds statewide. (7) (a) The Cabinet for Health and Family Services shall investigate the need for specialty foster care and post-treatment services for persons discharged from Level I and Level II psychiatric residential treatment facilities. (b) The cabinet shall report to the Governor and the Legislative Research Commission by August 1, 2011, detailing information on specialty foster care and post-treatment services for persons discharged from Level I and Level II psychiatric residential treatment facilities. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 9, sec. 5, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 7, sec. 2, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 511, effective June 20, 2005; and ch. 126, sec. 1, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 132, sec. 2, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 14, sec. 48, effective July 14, 2000; and ch. 318, sec. 4, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 371, sec. 59, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 512, Part 7, sec. 45, effective July 15, 1994. – Created 1992 Ky. Acts ch. 332, sec. 2, effective April 9, 1992.

KRS 216B.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

216B.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.

KRS 216B.0615 Prohibition against transferring a certificate of need -- Penalty

216B.0615. Prohibition against transferring a certificate of need -- Penalty No holder of a certificate of need for a new health facility shall sell, trade, or transfer a certificate of need to any other person. Any person who violates this section shall be guilty of a Class B misdemeanor. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 249, sec. 2, effective July 15, 1994.

KRS 216B.990 Penalties

216B.990. Penalties (1) Any person who, in willful violation of this chapter, operates a health facility or abortion facility without first obtaining a license or continues to operate a health facility or abortion facility after a final decision suspending or revoking a license shall be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each violation. (2) Any person who, in willful violation of this chapter, acquires major medical equipment, establishes a health facility, or obligates a capital expenditure without first obtaining a certificate of need, or after the applicable certificate of need has been withdrawn, shall be fined one percent (1%) of the capital expenditure involved but not less than five hundred dollars ($500) for each violation. (3) Any health care provider or hospital acting by or through its agents or employees which violates any provision of KRS 216B.400 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). The cabinet shall establish an online portal on its website for reporting violations of KRS 216B.400. (4) Any health facility which willfully violates KRS 216B.250 shall be fined one hundred dollars ($100) per day for failure to post required notices and one hundred dollars ($100) per instance for willfully failing to provide an itemized statement within the required time frames. (5) In addition to the civil penalties established under KRS 216B.306(1) and (4), any person who advertises, solicits boarders, or operates a boarding home without first obtaining a registration as required by KRS 216B.305 and any person who aids or abets the operation of a boarding home that is not registered shall be imprisoned for no more than twelve (12) months. (6) Any person or entity establishing, managing, or operating an abortion facility or conducting the business of an abortion facility which otherwise violates any provision of this chapter or any administrative regulation promulgated thereunder regarding abortion facilities shall be subject to revocation or suspension of the license of the abortion facility. In addition, any violation of any provision of this chapter regarding abortion facilities or any administrative regulation related thereto by intent, fraud, deceit, unlawful design, willful and deliberate misrepresentation, or by careless, negligent, or incautious disregard for the statute or administrative regulation, either by persons acting individually or in concert with others, shall constitute a violation and shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each offense. Each day of continuing violation shall be considered a separate offense. The venue for prosecution of the violation shall be in any county of the state in which the violation, or any portion thereof, occurred. (7) Any hospital acting by or through its agents or employees that violates any provision of KRS 216B.150 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. (8) Any health facility acting by or through its agents or employees that violates any provision of KRS 216B.153 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 67, sec. 12, effective July 15, 2024. -- Amended 2021 Ky. Acts ch. 57, sec. 2, effective June 29, 2021. -- Amended 2010 Ky. Acts ch. 161, sec. 34, effective July 15, 2010. -- Amended 2004 Ky. Acts ch. 170, sec. 3, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 503, sec. 2, effective July 15, 1998; and ch. 582, sec. 8, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 63, sec. 6, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 439, sec. 6, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 19, sec. 5, effective July 15, 1986; and ch. 288, sec. 2, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 347, sec. 26, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 135, secs. 25, 26, and 34, effective July 15, 1980. Formerly codified, in part, as KRS 216.990. History for former KRS 216.990: Amended 1980 Ky. Acts ch. 135, sec. 34, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 352, sec. 1(2). -- Amended 1972 Ky. Acts ch. 149, sec. 9. -- Amended 1962 Ky. Acts ch. 112, sec. 9. -- Amended 1960 Ky. Acts ch. 87, sec. 10. -- Amended 1952 Ky. Acts ch. 16, sec. 110. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2094.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38238Fetched: 10/20/2026

Starting a business in Kentucky? Kentucky LLC guide: costs and requirements