KRS 216.505: Essential personal care visitors to health facility, health service, Medicaid

waiver service, or psychiatric residential treatment facility -- Requirements --

Administrative regulations.

(1) As used in this section:

(a) "Health facility" has the same meaning as in KRS Chapter 216B;

(b) "Health service" has the same meaning as in KRS Chapter 216B;

(c) "Medicaid waiver service" means a medical service provided under the

acquired brain injury, the Michelle P. waiver, the supports for community

living, or the home and community based waiver programs; and

(d) "Psychiatric residential treatment facility" has the same meaning as in KRS

216B.450.

(2) Notwithstanding any state law to the contrary, the Cabinet for Health and Family

Services shall require a h ealth facility, health service, Medicaid waiver service, or

psychiatric residential treatment facility to permit in -person resident visitation by at

least one (1) essential personal care visitor, including a family member, legal

guardian, outside caregiver , friend, or volunteer who is important to the mental,

physical, or social well-being of the resident.

(3) The cabinet shall, within fourteen (14) days of the March 22, 2023, promulgate

administrative regulations in accordance with KRS Chapter 13A that, su bject to

applicable federal requirements:

(a) Establish procedures for a resident to designate at least one (1) essential

personal care visitor and procedures to change the designated essential

personal care visitor;

(b) Exempt an essential personal care v isitor, including during a communicable

disease outbreak in a health facility, health service, Medicaid waiver service,

or psychiatric residential treatment facility, regardless of the resident's

communicable disease status, from any prohibitions on visiti ng a resident of a

health facility, health service, Medicaid waiver service, or psychiatric

residential treatment facility other than the requirements in this subsection;

(c) Require an essential personal care visitor to follow safety protocols of the

health facility, health service, Medicaid waiver service, or psychiatric

residential treatment facility;

(d) Require an essential personal care visitor to assume a risk of contracting

communicable diseases, provided the health facility, health service, Medicaid

waiver service, or psychiatric residential treatment facility is compliant with

the Kentucky Department for Public Health guidelines;

(e) Permit a health facility, health service, Medicaid waiver service, or

psychiatric residential treatment facility to require a written visitation

agreement with an essential personal care visitor;

(f) Permit a health facil ity, health service, Medicaid waiver service, or

psychiatric residential treatment facility to limit visitation of an essential

personal care visitor to the resident or residents he or she is approved to visit;

(g) Permit a health facility, health service, Medicaid waiver service, or

psychiatric residential treatment facility to limit the total number of essential

personal care visitors allowed in the health facility, health service, Medicaid

waiver service, or psychiatric residential treatment facility at any one (1) time;

and

(h) Except as provided in this section, do not require a health facility, health

service, Medicaid waiver service, or psychiatric residential treatment facility

to permit an in-person visitor at all times.