KRS 216.597: Definitions -- Personal care homes and specialized personal care homes

requirements -- Services provided -- Administrative regulations -- On-site

visits.

(1) As used in this section:

(a) "Cabinet" means the Cabinet for Health and Family Services;

(b) "Personal care home" or "PCH" means an establishment located in a

permanent building that does not comply with the physical plant requirements

of KRS 194A.703, has resident beds, and provides:

1. Supervision of residents;

2. Basic health and health-related services;

3. Personal care services;

4. Residential care services; and

5. Social and recreational activities; and

(c) "Specialized personal care home" or "SPCH" means a personal care home

that:

1. Participates in the mental illness or intellectua l disability supplement

program pursuant to administrative regulations promulgated by the

cabinet; or

2. Serves residents with thirty-five percent (35%) or more having a serious

mental illness as defined by administrative regulations promulgated by

the cabinet.

(2) A resident in a PCH or SPCH shall:

(a) Be admitted in accordance with KRS 216.765;

(b) Be ambulatory as defined by KRS 194A.700;

(c) Be able to manage most of the activities of daily living; and

(d) Have care needs that do not exceed the capability of the PCH or SPCH.

(3) An individual who is nonambulatory as defined in KRS 194A.700 shall not be

eligible for residence in a PCH or SPCH.

(4) A PCH or SPCH may provide services to a resident who is deemed to have a

temporary condition as defined in KRS 194A.700.

(5) (a) Residents of a PCH or SPCH may arrange for additional services under direct

contract or arrangement with an outside agent, professional, provider, or other

individual designated by the resi dent if permitted by the policies of the PCH

or SPCH.

(b) Permitted services for which a resident may arrange or contract include but are

not limited to health services, hospice services provided by a hospice program

licensed under KRS Chapter 216B, and other end-of-life services.

(6) (a) Staffing in a PCH or SPCH shall be sufficient in number and qualification to

meet the twenty-four (24) hour scheduled needs of each resident.

(b) One (1) awake staff member shall be on site at each licensed entity at all

times.

(c) When a resident requires hands -on assistance of another person to walk,

transfer, or move from place to place with or without an assistive device, the

PCH or SPCH shall have a policy that describes how priority will be given by

staff sufficient t o assist that resident during times of emergency when

evacuation may be necessary.

(7) (a) The cabinet shall promulgate administrative regulations in accordance with

KRS Chapter 13A to establish an initial and relicensure review process for

personal care h omes or specialized personal care homes. Administrative

regulations shall establish procedures related to applying for, reviewing, and

approving, denying, or revoking licensure, as well as the conduct of hearings

upon appeals as governed by KRS Chapter 216B.

(b) Notwithstanding any provision of law to the contrary, the cabinet may request

additional relevant information from a personal care home or specialized

personal care home or conduct additional on -site visits to ensure compliance

with the provisions o f this chapter and other applicable statutes and

administrative regulations if the cabinet has reasonable cause to believe that

the personal care home or specialized personal care home is not in

compliance.

(c) Notwithstanding KRS 216.530, the cabinet shal l conduct an on -site visit of a

personal care home or specialized personal care home:

1. As part of the initial licensure review process;

2. Twenty-four (24) months following the date of the previous licensure

review, if during the previous licensure revie w a personal care home or

specialized personal care home 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

3. Twelve (12) months following the date of the previous licensure review,

if during the previous licensure review a personal care home or

specialized personal care home was found to have violated an

administrative regulation set forth by the cab inet that presented

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

serious mental or physical harm.