Nurses Legislation - Kentucky

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 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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Amend KRS 216B.165 to require an agent or employee of a health care facility or service to report noncompliance with professional standards of care that jeopardizes patient care or safety; provide that the report may be provided to the office of the inspector general if response from health care facility or service is untimely or inadequate; create a new section of KRS Chapter 216B to permit employee or agent who has been retaliated against to file a complaint with the commissioner of the Department of Labor, authorize the commissioner to order reinstatement, restitution of lost wages, or other action; authorize an employee to file a civil action for retaliation within one year from occurrence of retaliation; permit court to order reinstatement, back wages, punitive damages, or a combination; permit court to order payment of attorney fees and court costs to health care facility or service if civil action was brought in bad faith, with malicious purpose, or without basis; create a new section [...]

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