All Disabilities and the Disabled Legislation - Kentucky

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 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 194A.601 to require an annual report on the activities of the Office on Alzheimer's Disease and Related Disorders and delete requirement for a quarterly report; require the office to receive reports and oversee implementation of recommendations from the Alzheimer's Disease and Related Disorders Advisory Council; amend KRS 194A.603 to require the Alzheimer's Disease and Related Disorders Advisory Council to provide advice and recommendations to the Office on Alzheimer's Disease and Related Disorders and delete requirement that the council report to the Office on Alzheimer's Disease and Related Disorders; provide for a council membership of 15 members and delete requirement for a minimum of 15 members; establish the membership of the council to include five members appointed by the secretary of the Cabinet for Health and Family Services, eight members appointed by the Governor, and two members appointed by the chief executive officers of the state chapters of the Alzheimer's Association;[...]

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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 334A.020 to define "interim license," "provisional license," and "temporary license"; amend KRS 334A.035 to establish new requirements for an interim license to practice as a speech-language pathologist and a speech-language pathology assistant; require a person with an interim speech-language pathologist license who fails the national examination to submit documentation of preparation for the examination as required by the board; permit the applicant to continue to practice under the interim license with supervision as required in accordance with KRS 334A.035 for a period not to exceed 24 months, unless an extension is granted by the board; require a speech-language pathologist applicant with an interim license to apply for permanent licensure within 30 days of the completion of postgraduate professional experience; exempt a speech-language pathologist or audiologist employed by the public schools in a certified position and who holds a teacher certification in communication [...]

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Establish and create new sections of KRS Chapter 319B, regarding the licensing and regulation of practitioners of orthotics, prosthetics, and pedorthics; define terms for the chapter; establish the Kentucky Board of Prosthetics, Orthotics, and Pedorthics and its appointment and meeting procedures; delineate the duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish factors for licensure and certification of licensed orthotists, prosthetists, and pedorthists, and certified orthotic fitters; state additional powers of the board, including the authority to employ needed personnel and contract with the Division of Occupations and Professions for the provision of administrative services; declare rules for actual physical licenses and certificates, practice authorization, and scope of practice; set a July 1, 2010, deadline for practice outside the provisions of the chapter; indicate that care or [...]

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Establish and create new sections of KRS Chapter 319B, regarding the licensing and regulation of practitioners of orthotics, prosthetics, and pedorthics; define terms for the chapter; establish the Kentucky Board of Prosthetics, Orthotics, and Pedorthics and its appointment and meeting procedures; delineate the duties of the board; require the board to administer and enforce the provisions of the chapter and to promulgate administrative regulations to establish factors for licensure and certification of licensed orthotists, prosthetists, and pedorthists, and certified orthotic fitters; state additional powers of the board, including the authority to employ needed personnel and contract with the Division of Occupations and Professions for the provision of administrative services; declare rules for actual physical licenses and certificates, practice authorization, and scope of practice; set a July 1, 2010, deadline for practice outside the provisions of the chapter; indicate that care or [...]

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Create a new section of KRS Chapter 205 to require the Cabinet for Health and Family Services to submit an application for a Medicaid waiver to develop and implement flexible reimbursement and payment strategies for services and supports for individuals with autism spectrum disorders (ASD) within three months of the effective date of this Act; require a report on the use of the waiver if approved; create new sections of KRS Chapter 157 to require screening for autism spectrum disorders (ASD) at 18 months, 2 years, 4 years, upon school enrollment, and at the time of the sixth grade physical; require the cabinet to establish requirements for ASD screening; require schools to have a record of ASD screening; require a formal diagnosis after screening positive within 90 days; define "autism spectrum disorders"; permit a religious exemption for testing a child with ASD; amend the interagency agreement with the Department of Education to coordinate services; require the Department of Education [...]

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Create new sections of KRS Chapters 311.380 to 311.510 to license and regulate practitioners of orthotics, prosthetics, and pedorthics; define terms; require licensure from the State Board of Podiatry; establish minimum qualifications for licensure; direct the board to promulgate administrative regulations regarding the proper training for licensure; grant the board the discretion to include examinations or other requirements in the regulations; forbid treatment of patients without a physician or podiatrist's written referral and medical diagnostic examination review; create licensure exceptions for certain students and faculty within the fields of orthotics, prosthetics, orthotic fitting, and pedorthics; make licensees subject to all of the disciplinary provisions applicable to podiatrists as set forth in KRS Chapter 311; limit the chapter to exempt licensed practice by occupational therapists, physical therapists, physicians, podiatrists, and the practice of orthotics, prosthetics, orthotic [...]

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Create new sections of KRS Chapter 227, relating to fire prevention and protection, to establish an Alarm System Contractor Licensure Board; define terms; forbid alarm contracting activities by those who are not properly authorized by the board; describe when an alarm system contractor acts as a personal emergency response system provider or contractor; institute an emergency 911 response protocol for unanswered voice-to-voice communication responses to customers; exempt various persons and entities from the board requirements under defined circumstances, including telephone installers, utility companies, fire protection sprinkler contractors, architects, locksmiths, and hospitals; establish board purpose, membership, appointment, and meeting procedures; require board to promulgate administrative regulations, determine applicant qualifications, conduct investigations, and establish renewal and continuing education standards; allow the board to establish fees, control licensure, and enter [...]

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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 Kentucky State Use Commission; establish duties and membership of State Use Commission; amend KRS 45A.470 to define the Kentucky State Use Commission and qualified nonprofit agency or work center serving the blind or severely disabled; amend KRS 45A.470 to require the purchase of goods and services from Prison Industries and nonprofit agencies and work centers serving the blind or severely disabled and designate the Kentucky State Use Commission as agency providing purchasing information to governmental agencies; amend KRS 45A.080, 45A.085, 45A.095, and 45A.100 to require that state governmental purchases be made from Prison Industries and nonprofit agencies and work centers serving the blind or severely disabled; create a new section of KRS 141 to define terms; establish a nonrefundable community rehabilitation credit program; establish maximum amount of credit allowed per corporation per tax year; amend KRS 141.0205 to establish the order in which the credit is applied against [...]

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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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Amend KRS 334A.020 to define "interim license," "provisional license," and "temporary license"; amend KRS 334A.035 to establish new requirements for an interim license to practice as a speech-language pathologist and a speech-language pathology assistant; require a person with an interim license to practice as a speech-language pathologist who fails the national examination to submit documentation of preparation for the examination as required by the board; permit the applicant to continue to practice under the interim license with supervision as required in accordance with KRS 334A.035 for a period not to exceed 24 months, unless an extension is granted by the board; require a speech-language pathologist applicant with an interim license to apply for permanent licensure within 30 days of the completion of postgraduate professional experience; exempt speech-language pathologists and audiologist, employed by the public schools in certified positions and who hold teacher certification in [...]

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