KRS 216.540: Persons allowed access to facility during visiting hours -- Rights and duties

of visitors -- Denial of access by resident or administrator -- Unrestricted

access by employee of cabinet.

(1) A long-term care facility shall assure that during the visiti ng hours established in

accordance with KRS 216.537, access to the facility is permitted for:

(a) Family members, guardians, and friends of an individual resident, as well as

other persons who wish to visit one (1) or more residents and whose purpose

is other than the unsolicited sale of a product or service;

(b) Individuals representing community organizations or service agencies who

will provide, free of charge, a service or educational program to residents;

(c) An employee or representative of any privat e nonprofit corporation or

association that qualifies for tax -exempt status under Section 501(a) of the

Internal Revenue Code of 1954, 26 U.S.C.A. 1, as amended, whose primary

purposes for visiting include counseling residents in resolving problems and

complaints concerning their care and treatment, and assisting the residents in

securing adequate services to meet their needs.

(2) Persons assured access to a long -term care facility pursuant to this section shall

have the right to enter the facility without prior notice, meet with one (1) or more

residents, and observe the operation of the facility as it affects the resident. Such

authority shall not include the right to examine the financial records of the facility

without the consent of the administrator, nor the clinical and financial records of

any resident without the prior consent of the resident or the resident's guardian or

committee.

(3) Persons assured access to a long-term care facility pursuant to this section shall:

(a) Upon entering such facilit y, promptly advise the administrator or his

designated representative of their presence except that members of a resident's

family, or the legal guardian of a resident need not advise the administrator or

his designated representative of his presence upon entering the facility;

(b) Not enter the living area of any resident without identifying themselves to the

resident.

(4) Individual residents shall have the right to terminate or deny any visit to them by

persons assured access to the facility pursuant to this section. The administrator

shall have the right to terminate or deny visitation in accordance with criteria and

regulations promulgated by the cabinet.

(5) Any representative or employee of the cabinet including the long -term care

ombudsman or the omb udsman's designee, any representative or employee of any

local government entity that has a responsibility regarding residents of long -term

care facilities or the legal guardian of any individual resident shall have unrestricted

access to all long -term car e facilities; however, access as permitted pursuant to

paragraphs (b) and (c) of subsection (1) of this section shall be limited to the

resident's dining area, living area, recreation area, lounges, and areas open to the

general public.