KRS 209.032: Query as to whether prospective or current employee has validated

substantiated finding of adult abuse, neglect, or exploitation -- Administrative

regulations -- Central registry of substantiated findings.

(1) As used in this section:

(a) "Employee" means a person who:

1. Is hired directly or through a contract by a vulnerable adult services

provider who has duties that involve or may involve one -on-one contact

with a patient, resident, or client; or

2. Is a volunteer who has duties that are e quivalent to the duties of an

employee providing direct services and the duties involve, or may

involve, one-on-one contact with a patient, resident, or client;

(b) "Validated substantiated finding of adult abuse, neglect, or exploitation"

means that the cabinet has:

1. Entered a final order concluding by a preponderance of the evidence that

an individual has committed adult abuse, neglect, or exploitation against

a different adult for whom the individual was providing care or services

as an employee or otherwise with the expectation of compensation;

2. The individual has been afforded an opportunity for an administrative

hearing under procedures compliant with KRS Chapter 13B, and an

appeal to the Circuit Court of the county where the abuse, neglect, or

exploitation is alleged to have occurred or, if the individual consents, to

the Franklin Circuit Court; and

3. That any appeal, including the time allowed for filing an appeal, has

concluded or expired; and

(c) "Vulnerable adult service provider" means:

1. Adult day health care program centers as defined in KRS 216B.0441;

2. Adult day training facilities;

3. Assisted-living communities as defined in KRS 194A.700;

4. Boarding homes as defined in KRS 216B.300;

5. Group homes for individuals with an intellectual disability and

developmentally disabled (ID/DD);

6. Home health agencies as defined in KRS 216.935;

7. Hospice programs or residential hospice facilities licensed under KRS

Chapter 216B;

8. Long-term-care hos pitals as defined in 42 U.S.C. sec.

1395ww(d)(1)(B)(iv);

9. Long-term-care facilities as defined in KRS 216.510;

10. Personal services agencies as defined in KRS 216.710;

11. Providers of home and community-based services authorized under KRS

Chapter 205, including home and community based waiver services and

supports for community living services; and

12. State-owned and operated psychiatric hospitals.

(2) A vulnerable adult services provider shall query the cabinet as to whether a

validated substantiated finding of adult abuse, neglect, or exploitation has been

entered against an individual who is a bona fide prospective employee of the

provider. The provider may periodically submit similar queries as to its current

employees and volunteers. The cabinet sh all, except as provided under subsection

(5) of this section and any administrative regulations promulgated thereunder, reply

to either type of query only that it has or has not entered such a finding against the

named individual.

(3) An individual may que ry the cabinet as to whether the cabinet's records indicate

that a validated substantiated finding of adult abuse, neglect, or exploitation has

been entered against him or her. The cabinet shall reply only that it has or has not

entered such a finding agai nst the named individual, although this limitation shall

not be construed to prevent the individual who is the subject of the investigation

from obtaining cabinet records under other law, including the Kentucky Open

Records Act. An individual making a quer y under this subsection may direct that

the results of the query be provided to an alternative recipient seeking to utilize the

care or services of the querying individual.

(4) Every cabinet investigation of adult abuse, neglect, or exploitation committed by an

employee or a person otherwise acting with the expectation of compensation shall

be conducted in a manner affording the individual being investigated the level of

due process required to qualify any substantiated finding as a validated

substantiated finding of adult abuse, neglect, or exploitation.

(5) The cabinet shall promulgate administrative regulations in accordance with KRS

Chapter 13A to implement the provisions of this section. Included in these

administrative regulations shall be:

(a) An error resolution process allowing an individual whose name is erroneously

reported to have been the subject of a validated substantiated finding of adult

abuse, neglect, or exploitation to request the correction of the cabinet's

records;

(b) A designation of t he process by which queries may be submitted in

accordance with this section, which shall require that the queries be made

using a secure methodology and only by providers and persons authorized to

submit a query under this section; and

(c) Notwithstanding any provision of law to the contrary, including but not

limited to subsection (2) of this section, a process of notification by which the

cabinet shall notify a vulnerable adult service provider who queries the

cabinet pursuant to this section that the qu eried individual has appealed a

substantiated finding of adult abuse, neglect, or exploitation and that the

appeal is pending.

(6) If the cabinet does not respond to a query under subsection (2) of this section within

twenty-four (24) hours and a vulnerabl e adult services provider hires or utilizes an

employee provisionally, the provider shall not be subject to liability solely on the

basis of hiring or utilizing the employee before having received the cabinet's

response.

(7) Validated substantiated finding s of adult abuse, neglect, or exploitation shall be

compiled into a central registry for the purpose of queries submitted under this

section.

(8) A state licensing board may query the cabinet for any validated substantiated

finding of adult abuse, neglect, or exploitation existing for an individual who is

under the state licensing board's jurisdiction. The cabinet shall provide information

to the licensing board in accordance with KRS 61.878(5).