All Hospitals and Nursing Homes Legislation - Kentucky

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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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 KRS Chapter 216B to define terms; state legislative findings about acquired infections and increasing prevalence in health care settings, the costs to treat patients with acquired infections, and that infections are preventable; require health care facilities to implement infection prevention programs in high risk areas and throughout the facility by January 1, 2009; require implementation of best practices that include identification of infected patients, contact precautions, cultures upon discharge or transfer, hand washing, written infection prevention and control policy, public posting of policies, and worker and staff education programs; require health facilities to report data on health-facility acquired infection rates and multi-drug resistant infections; require cabinet to include data on acquired infections in its dissemination of information under KRS 216.2921; permit the cabinet to promulgate administrative regulations; require report to Governor and Legislative [...]

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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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Create new sections of KRS Chapter 211 to state legislative findings that trauma care is a severe health problem and cause of death and disability, trauma care is limited in parts of the state, and an efficient and coordinated statewide trauma system is necessary; define "trauma," "trauma center," and "trauma center verification"; establish a statewide trauma care program in the Department for Public Health and specify goals and duties; require an advisory committee and specify membership; require the department to develop and implement a statewide trauma care system that includes prevention, continuing education for care providers, statewide guidelines and protocols, voluntary hospital verification as a trauma center, local and regional triage and transport protocols, and quality assurance and peer review; require the department to coordinate all activities related to trauma care and to receive assistance from other state agencies and boards; specify that data obtained by the registry [...]

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Create new sections of KRS Chapter 211 to state legislative findings that trauma care is a severe health problem and cause of death and disability, trauma care is limited in parts of the state, and an efficient and coordinated statewide trauma system is necessary; define "trauma," "trauma center," and "trauma center verification"; establish a statewide trauma care program in the Department of Public Health and specify goals and duties; require an advisory committee and specify membership; require the department to develop and implement a statewide trauma care system that includes prevention, continuing education for care providers, statewide guidelines and protocols, voluntary hospital verification as a trauma center, local and regional triage and transport protocols, and quality assurance and peer review; require the department to coordinate all activities related to trauma care and to receive assistance from other state agencies and boards; specify that data obtained by the registry be [...]

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Create new sections of KRS Chapter 194A to define "asset test," "department," "enrollee," "federal poverty guidelines," "liquid assets," "Medicaid dual eligible," "Medicare Modernization Act," "Medicare Part D prescription drug benefit," "prescription drug plan", "program," and "resident"; create the Kentucky Senior Prescription Drug Assistance Program within the Department for Aging and Independent Living; establish eligibility guidelines for participants to include persons who are 65 or older, eligible for Medicare enrollment, have a household income at or below 200 percent of the poverty level, meet the asset test, do not have other prescription drug coverage, and not be members of a retirement plan with a drug benefit under the Medicare Modernization Act, and not Medicaid dual eligible; require the department to prescribe the application and enrollment process; allow the department to determine drugs to be covered by the program and negotiate with manufacturers for rebates; limit benefits [...]

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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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Create a new section of KRS 304.14-600 to 304.14-625 to require long-term care insurers to file rates with the executive director of the Office of Insurance for all long-term care insurance policies; require the insurer to submit a copy of the filing to the Attorney General; require the insurer to submit a new filing to reflect any material change to any previously filed and approved rate filing; require the insurer to submit an amendment to a previously approved rate filing for all other changes; provide that the executive director shall approve or disapprove the filing within 60 days after filing; permit the executive director to order a retroactive reduction of rates; establish criteria to be considered when reviewing a rate filing; permit the executive director to withdraw approval after 30 days notice has been given; authorize the executive director to establish by administrative regulation additional criteria to be considered; direct the executive director to hold a hearing upon request [...]

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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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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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