KRS 194A.707: Licensure -- Administrative regulations -- Accreditation by other

organizations -- Fees -- Compliance.

(1) The Cabinet for Health and Family Services shall establish by the promulgation of

administrative regulation under KRS Chapter 13A, a n initial and relicensure review

process for assisted living communities. This administrative regulation shall

establish procedures related to applying for, reviewing, and approving, denying, or

revoking licensure, as well as the conduct of hearings upon a ppeals as governed by

KRS Chapter 216B.

(2) Notwithstanding the timeframe in KRS 216.530, an on -site visit of an assisted

living community shall be conducted by the cabinet:

(a) As part of the initial licensure review process;

(b) Twenty-four (24) months f ollowing the date of the previous licensure review,

if during the previous licensure review an assisted living community was not

found to have violated an administrative regulation set forth by the cabinet

that presented imminent danger to a resident that created substantial risk of

death or serious mental or physical harm; and

(c) Twelve (12) months following the date of the previous licensure review, if

during the previous licensure review an assisted living community was found

to have violated an adminis trative regulation set forth by the cabinet that

presented imminent danger to a resident that created substantial risk of death

or serious mental or physical harm.

(3) No business shall market its service as an assisted living community unless it has:

(a) Filed a current application for the business to be licensed by the cabinet as an

assisted living community; or

(b) Received licensure by the cabinet as an assisted living community.

(4) No business that has been denied or had its license revoked shall oper ate or market

its service as an assisted living community unless it has:

(a) Filed a current application for the business to be licensed by the cabinet as an

assisted living community; and

(b) Received licensure as an assisted living community from the cab inet.

Revocation of licensure may be grounds for the cabinet to not reissue a license

for that property for seven (7) years if ownership remains substantially the

same.

(5) No business shall operate as an assisted living community unless its owner or

manager has:

(a) Filed a current application for the business to be licensed as an assisted living

community by the cabinet; and

(b) Received licensure as an assisted living community from the cabinet.

(6) By September 1 of each year, each assisted living community licensed pursuant to

this chapter may provide residents with educational information or education

opportunities on influenza disease.

(7) The cabinet shall determine the feasibility of recognizing accreditation by other

organizations in lieu of licensure review by the cabinet.

(8) Individuals designated by the cabinet to conduct licensure reviews shall have the

skills, training, experience, and ongoing education, including understanding that

assisted living is not subject to the rules and regulations of the Centers for Medicare

and Medicaid Services, to perform assisted living community and assisted living

community with dementia care licensure reviews.

(9) The cabinet may promulgate administrative regulations to establish an assisted

living community and assisted living community with dementia care licensure fee

that shall not exceed costs of the program to the cabinet, to be assessed upon receipt

of an application for licensure. The cabinet shall p rovide a breakdown of fees

assessed and costs incurred for conducting licensure reviews upon request of any

interested person.

(10) The cabinet shall make findings from the most recent licensure review available to

the public.

(11) Notwithstanding any prov ision of law to the contrary, the cabinet may request

additional relevant information from an assisted living community or conduct

additional on-site visits to ensure compliance with the provisions of KRS 194A.700

to 194A.729 if the cabinet has reasonable cause to believe that the assisted living

community is not in compliance.

(12) Failure to follow an assisted living community's policies, practices, and procedures

shall not result in a finding of noncompliance unless the assisted living community

is out of compliance with a related requirement under KRS 194A.700 to 194A.729.