{"data":{"id":"us-ky/krs-194a.707","jurisdiction":"us-ky","citation":"KRS 194A.707","heading":"Licensure -- Administrative regulations -- Accreditation by other","body":"organizations -- Fees -- Compliance.\n(1) The Cabinet for Health and Family Services shall establish by the promulgation of\nadministrative regulation under KRS Chapter 13A, a n initial and relicensure review\nprocess for assisted living communities. This administrative regulation shall\nestablish procedures related to applying for, reviewing, and approving, denying, or\nrevoking licensure, as well as the conduct of hearings upon a ppeals as governed by\nKRS Chapter 216B.\n(2) Notwithstanding the timeframe in KRS 216.530, an on -site visit of an assisted\nliving community shall be conducted by the cabinet:\n(a) As part of the initial licensure review process;\n(b) Twenty-four (24) months f ollowing the date of the previous licensure review,\nif during the previous licensure review an assisted living community was not\nfound to have violated an administrative regulation set forth by the cabinet\nthat presented imminent danger to a resident that created substantial risk of\ndeath or serious mental or physical harm; and\n(c) Twelve (12) months following the date of the previous licensure review, if\nduring the previous licensure review an assisted living community was found\nto have violated an adminis trative regulation set forth by the cabinet that\npresented imminent danger to a resident that created substantial risk of death\nor serious mental or physical harm.\n(3) No business shall market its service as an assisted living community unless it has:\n(a) Filed a current application for the business to be licensed by the cabinet as an\nassisted living community; or\n(b) Received licensure by the cabinet as an assisted living community.\n(4) No business that has been denied or had its license revoked shall oper ate or market\nits service as an assisted living community unless it has:\n(a) Filed a current application for the business to be licensed by the cabinet as an\nassisted living community; and\n(b) Received licensure as an assisted living community from the cab inet.\nRevocation of licensure may be grounds for the cabinet to not reissue a license\nfor that property for seven (7) years if ownership remains substantially the\nsame.\n(5) No business shall operate as an assisted living community unless its owner or\nmanager has:\n(a) Filed a current application for the business to be licensed as an assisted living\ncommunity by the cabinet; and\n(b) Received licensure as an assisted living community from the cabinet.\n(6) By September 1 of each year, each assisted living community licensed pursuant to\nthis chapter may provide residents with educational information or education\nopportunities on influenza disease.\n(7) The cabinet shall determine the feasibility of recognizing  accreditation by other\norganizations in lieu of licensure review by the cabinet.\n(8) Individuals designated by the cabinet to conduct licensure reviews shall have the\nskills, training, experience, and ongoing education, including understanding that\nassisted living is not subject to the rules and regulations of the Centers for Medicare\nand Medicaid Services, to perform assisted living community and assisted living\ncommunity with dementia care licensure reviews.\n(9) The cabinet may promulgate administrative regulations to establish an assisted\nliving community and assisted living community with dementia care licensure fee\nthat shall not exceed costs of the program to the cabinet, to be assessed upon receipt\nof an application for licensure. The cabinet shall p rovide a breakdown of fees\nassessed and costs incurred for conducting licensure reviews upon request of any\ninterested person.\n(10) The cabinet shall make findings from the most recent licensure review available to\nthe public.\n(11) Notwithstanding any prov ision of law to the contrary, the cabinet may request\nadditional relevant information from an assisted living community or conduct\nadditional on-site visits to ensure compliance with the provisions of KRS 194A.700\nto 194A.729 if the cabinet has reasonable cause to believe that the assisted living\ncommunity is not in compliance.\n(12) Failure to follow an assisted living community's policies, practices, and procedures\nshall not result in a finding of noncompliance unless the assisted living community\nis out of compliance with a related requirement under KRS 194A.700 to 194A.729.","path":["KRS Chapter 194A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52505","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:47Z","sha256":"aecaf9376417afd0a8c8f70758a4e64dfffe7ce15b59c44f522f2f9306cbf328","source_id":"us-ky","stale":false,"prev":"us-ky/krs-194a.7065","next":"us-ky/krs-194a.708"},"notice":"GroundRules: Original legal text. Not legal advice."}
