Hospitals and Nursing Homes Legislation - Kentucky

Create new sections of KRS Chapter 311A to regulate personal emergency response systems under the authority of the Kentucky Board of Emergency Medical Services; define terms, including "personal emergency response system"; set out basic necessary duties of the board, including the addition of personal emergency response system data in emergency run report forms developed under KRS 311A.190; require that providers be licensed to provide personal emergency response systems; institute an emergency 911 response protocol for unanswered voice-to-voice communication responses to customers; list information necessary for basic applications and for notification of the creation of branch offices; establish minimum criteria to apply for a manager's license; forbid the issuance of a license unless the applicant has specified liability insurance; limit local government regulation of personal emergency response systems to charges for use of a police central alarm installation, inspection fees, or discontinuance [...]

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Create new sections of Subchapter 14 of KRS Chapter 304 to establish the Kentucky Long-Term Care Partnership Program upon approval of a Medicaid waiver to disregard assets, resources, and estate recovery requirements of the Medicaid program in a $1 to $1 amount; permit Medicaid eligibility with disregards upon the exhaustion of the benefits of the partnership policy; require the Office of Insurance and the Department for Medicaid Services to jointly establish the program; define policy terms and services covered; require approval of a partnership policy; specify reporting requirements; require assurance that agents who sell partnership policies understand the policy in Section 2(4); require promulgation of administrative regulations; require insurers to disclose availability of the Kentucky Long-Term Care Partnership Insurance Program; create a new section of KRS Chapter 205 to require the Department for Medicaid Services to apply for a federal waiver to establish the partnership program;[...]

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Amend KRS 216.555 to require the cabinet to report to the Legislative Research Commission on the number and type of citations issued to long-term care facilities; amend KRS 216.557 to allow a facility assessed a federal civil monetary penalty to be subject to a Type A or Type B citation; increase the civil penalty for Type A citations to not less than $5,000 nor more than $25,000; increase the civil penalty for Type B citations to not less than $500 nor more than $1,000; amend KRS 216.560 to increase the civil penalty to $1,000 for Type A citations that are not corrected within the time specified for correction; delete the application for an extension of time to be granted by the cabinet when a licensee has made arrangements to correct a Type A or Type B citation; treble Type A and Type B citations when the subject matter was caused by or relates to a failure by the facility to maintain sufficient nursing or direct care staff; require any trebled fine to be reported by the facility's administrator [...]

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Create new sections of KRS Chapter 205 to define terms; establish that proof of a person's intent to commit an unlawful act shall not be required in a civil or administrative proceeding to show that the person acted knowingly in respect to Medicaid fraud; establish unlawful acts related to Medicaid; require the Cabinet for Health and Family Services to provide the Attorney General with access to all documentary materials for the investigation of Medicaid fraud; identify individuals to whom the Attorney General may disclose documentary material; provide immunity for individuals providing access to documentary material to employees of the Attorney General and other state and federal authorities involved in the investigation of Medicaid fraud; require the cabinet to establish by administrative regulation sanctions for a provider found liable for Medicaid fraud; subject licensed professions found liable for Medicaid fraud to disciplinary action by their respective licensure boards; provide [...]

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Create new sections of KRS Chapter 216 to provide for the certification of personal service agencies; define the terms "agency," "cabinet," "client," "department," "designated representative," "family," "personal services," "personal services agency"; and, "parent personal services agency"; require a personal services agency to be certified; require the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations; require personal services agencies to have written policies and procedures maintained by the agency and disclosed to the client, written personal service agreements, and written personal services plans; qualify that only personal services agencies meeting standards for certification will be granted a certificate; require each application for certification to be made to the department, accompanied by a fee, and to expire one year from the date of its receipt; require renewals to be accompanied by an additional fee; require the personal services [...]

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Create new sections of KRS Chapter 216B, relating to the licensure and regulation of health facilities and services, to regulate the practice of surgical technology; define "surgical technology"; prohibit the practice of surgical technology in a health facility by a person unless the person meets specified criteria; allow surgical technology practice if the person has successfully completed an accredited surgical technology educational program, and maintains national surgical technologist certification; permit surgical technology practice by a person who has completed a surgical technology training program in the U.S. Armed Forces or U.S. Public Health Service; grandfather any person who can prove that he or she was practicing surgical technology in a health facility prior to the implementation of the new oversight of surgical technology; exempt federal employees practicing surgical technology pursuant to their employment; allow surgical technology practice by a person for the six months [...]

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Create new sections of KRS 216B to establish the Direct Care Staffing Incentive Program; require minimum nurse aide staff-to-resident ratios in long term care facilities as condition of eligibility for the program; provide that intermediate care facilities for the mentally retarded and institutions for the treatment of mental illness are eligible to participate in the program; provide that personal care homes and family care homes are not eligible to participate in the program; require the Office of Inspector General in the Cabinet for Health and Family Services to determine eligibility to receive incentives through the program; create a new section of KRS 194A to require the Cabinet for Health and Family Services to establish a program to provide scholarships and salary supplements to nurse aides and nursing staff employed by long-term care facilities deemed eligible to participate in the program; require the Cabinet for Health and Family Services to promulgate administrative regulations [...]

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