{"data":{"id":"us-ky/krs-210.270","jurisdiction":"us-ky","citation":"KRS 210.270","heading":"Custodial care of patients with an intellectual disability in private homes,","body":"private nursing homes, and private institutions -- Transfer or reclassification\nof patient -- Procedure.\n(1) The secretary of the Cabinet for Health and Family Ser vices is authorized to\ndesignate those private homes, private nursing homes, and private institutions that\nhe or she deems, after a thorough investigation of the personal and financial\nqualifications of the owners and tenants, the facilities and management , and the\ndesirability of the location of the homes, suitable for the placement of patients,\nincluding individuals with mental illness or an intellectual disability of all ages,\noutside of the state mental hospitals. The secretary of the Cabinet for Health  and\nFamily Services may promulgate, by administrative regulation, standards for the\nselection and operation of private homes, private nursing homes, and private\ninstitutions designated for the placement of patients. No home of an officer or\nemployee of th e Cabinet for Health and Family Services or of a member of his or\nher immediate family shall be designated for the placement of patients.\n(2) Whenever the staff of a state mental hospital has determined that a patient who is\nnot being held on an order aris ing out of a criminal offense has sufficiently\nimproved and is not dangerous to himself, herself, or other persons, and that it\nwould be in the patient's best interest to be placed outside of the hospital in a\nprivate home or private nursing home, the hosp ital shall so certify and authorize the\npatient to be transferred to a designated private home or private nursing home for\ncare and custody for a length of time that the hospital deems advisable.\n(3) No patient with an intellectual disability lodged in a s tate institution may have his\nor her level of care reclassified nor may the patient be transferred to a private\nnursing home or other private institution without first providing ten (10) days'\nnotice by certified mail, return receipt requested, to the pati ent's parents or guardian\nthat a reclassification of the patient's level of care or a transfer in the place of\nresidence is being considered.\n(4) Any parent or guardian of any patient with an intellectual disability lodged in a state\ninstitution may partic ipate in any evaluation procedure which may result in a\nreclassification of the patient's level of care or in a transfer in the place of residence\nof the patient. Participation may include the submission by the parents or guardian\nof medical evidence or an y other evidence deemed relevant by the parents or\nguardian to the possible reclassification or transfer of the patient.\n(5) If the decision to reclassify or transfer any patient with an intellectual disability is\nadverse to the best interests of the patie nt as expressed by the parents or guardian,\nthey shall be given notice by certified mail, return receipt requested, that they are\nentitled to a thirty (30) day period from the receipt of such notice to file with the\nsecretary of the Cabinet for Health and Family Services a notice of appeal and\napplication for a hearing. Upon receipt of an application for a hearing, a hearing\nshall be conducted in accordance with KRS Chapter 13B.\n(6) The appeal shall be heard by a three (3) member panel composed of a designa ted\nrepresentative of the Cabinet for Health and Family Services, a designated\nrepresentative of the state institution where the patient with an intellectual disability\nis presently lodged, and a designated neutral representative appointed by the county\njudge/executive of the county in which the institution in question is located. The\nOffice of Administrative Hearings within the Department of Law may appoint a\nhearing officer to preside over the conduct of the hearing.\n(7) Decisions made by the panel may be  appealed to the Circuit Court of the county in\nwhich the state institution in question is located, to the Circuit Court of the county\nin which either of the parents or guardians or committee of the patient in question is\ndomiciled at the time of the decis ion, or to Franklin Circuit Court in accordance\nwith KRS Chapter 13B.\n(8) All parents or guardians or committee of a patient with an intellectual disability\nlodged in a state institution shall be fully apprised by the Cabinet for Health and\nFamily Services of their rights and duties under the provisions of subsections (3),\n(4), (5), (6), and (7) of this section.\n(9) The provisions of KRS 210.700 to 210.760 shall apply to patients transferred to\ndesignated private homes and private nursing homes as though th e patients were\nresiding in a state mental hospital.","path":["KRS Chapter 210"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56583","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:10Z","sha256":"5e624e0de9073c25e1c8cf4f4136247982aee7e3f828d3c0d7f2d727fa8209b4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-210.267","next":"us-ky/krs-210.271"},"notice":"GroundRules: Original legal text. Not legal advice."}