KRS 205.460: Essential services -- Funding -- Collection of fees and contributions.

(1) The cabinet shall fund, directly or through a contracting entity or entities, in each

district, a program of essential services which shall have as its primary purpose t he

prevention of unnecessary institutionalization of functionally impaired elderly

persons. The cabinet may use funds appropriated under this section to contract with

public and private agencies, long -term care facilities, local governments, and other

providers to provide core and essential services. The cabinet may provide core and

essential services when such services cannot otherwise be purchased.

(2) In providing essential services, all existing community resources available to

functionally impaired eld erly persons shall be utilized. Additional services may be

provided, but shall not be funded from funds appropriated under this section.

Volunteers may be used where practicable to provide essential services to

functionally impaired elderly persons. The ca binet or contracting entity shall

provide or arrange for the provision of training and supervision of volunteers to

ensure the delivery of quality services. The cabinet or contracting entity shall

provide or arrange for appropriate insurance coverage to pr otect volunteers from

personal liability while acting within the scope of their volunteer duties. In

providing essential services under this section, the cabinet shall provide services to

meet the needs of the minority elderly as identified by the cabinet pursuant to KRS

205.201.

(3) Entities contracting with the cabinet to provide essential services under KRS

205.455 and this section shall provide a minimum of fifteen percent (15%) of the

funding necessary for the support of program operations. No local match is required

for assessment and case management. Local contributions, whether materials,

commodities, transportation, office space, personal services, or other types of

facilities services, or funds may be evaluated and counted toward the fifteen percent

(15%) local funding requirements.

(4) When possible, funding for core services may be obtained under:

(a) The Comprehensive Annual Social Services Program plan under Title XX of

the Social Security Act;

(b) The Medical Assistance Plan under Titles XVIII and XIX of the Social

Security Act;

(c) The State Plan on Aging under the Older Americans Act; or

(d) Veteran's benefit programs under the provisions of 38 U.S.C. sec. 1 et seq., as

amended.

The cabinet may, except as provided in KRS 205.5372, seek federa l waivers if

necessary to enable the use of funds provided through Titles XVIII and XIX of the

Social Security Act for the provision of essential services.

(5) Providers contracting with the cabinet to provide essential services shall be

responsible for th e collection of fees and contributions for services in accordance

with administrative regulations promulgated by the cabinet. Providers are

authorized to assess and collect fees for services rendered in accordance with those

administrative regulations. To help pay for essential services received, a

functionally impaired elderly person shall pay an amount of money based on an

overall ability to pay in accordance with a schedule of fees established by the

cabinet. Fees shall reflect the degree to which the ca binet or contracting entity uses

volunteers in the provision of services. Where essential services are provided by

volunteers, fees shall only be assessed in an amount that will cover the cost of

materials and other goods used in the provision of services. The cost of materials

and other goods used by volunteers shall be reasonably similar to the cost of goods

when paid personnel are used. Fees shall not be required of any person who is

"needy aged" as defined in KRS 205.010; however, voluntary contribution s may be

encouraged. This subsection shall not apply to programs utilizing federal funds

when administrative regulations require contributions to revert to the original

funding source.