{"data":{"id":"us-ky/krs-216.505","jurisdiction":"us-ky","citation":"KRS 216.505","heading":"Essential personal care visitors to health facility, health service, Medicaid","body":"waiver service, or psychiatric residential treatment facility -- Requirements --\nAdministrative regulations.\n(1) As used in this section:\n(a) \"Health facility\" has the same meaning as in KRS Chapter 216B;\n(b) \"Health service\" has the same meaning as in KRS Chapter 216B;\n(c) \"Medicaid waiver service\" means a medical service provided under the\nacquired brain injury, the Michelle P. waiver, the supports for community\nliving, or the home and community based waiver programs; and\n(d) \"Psychiatric residential treatment facility\" has the same meaning as in KRS\n216B.450.\n(2) Notwithstanding any state law to the contrary, the Cabinet for Health and Family\nServices shall require a h ealth facility, health service, Medicaid waiver service, or\npsychiatric residential treatment facility to permit in -person resident visitation by at\nleast one (1) essential personal care visitor, including a family member, legal\nguardian, outside caregiver , friend, or volunteer who is important to the mental,\nphysical, or social well-being of the resident.\n(3) The cabinet shall, within fourteen (14) days of the March 22, 2023, promulgate\nadministrative regulations in accordance with KRS Chapter 13A that, su bject to\napplicable federal requirements:\n(a) Establish procedures for a resident to designate at least one (1) essential\npersonal care visitor and procedures to change the designated essential\npersonal care visitor;\n(b) Exempt an essential personal care v isitor, including during a communicable\ndisease outbreak in a health facility, health service, Medicaid waiver service,\nor psychiatric residential treatment facility, regardless of the resident's\ncommunicable disease status, from any prohibitions on visiti ng a resident of a\nhealth facility, health service, Medicaid waiver service, or psychiatric\nresidential treatment facility other than the requirements in this subsection;\n(c) Require an essential personal care visitor to follow safety protocols of the\nhealth facility, health service, Medicaid waiver service, or psychiatric\nresidential treatment facility;\n(d) Require an essential personal care visitor to assume a risk of contracting\ncommunicable diseases, provided the health facility, health service, Medicaid\nwaiver service, or psychiatric residential treatment facility is compliant with\nthe Kentucky Department for Public Health guidelines;\n(e) Permit a health facility, health service, Medicaid waiver service, or\npsychiatric residential treatment facility to require a written visitation\nagreement with an essential personal care visitor;\n(f) Permit a health facil ity, health service, Medicaid waiver service, or\npsychiatric residential treatment facility to limit visitation of an essential\npersonal care visitor to the resident or residents he or she is approved to visit;\n(g) Permit a health facility, health service,  Medicaid waiver service, or\npsychiatric residential treatment facility to limit the total number of essential\npersonal care visitors allowed in the health facility, health service, Medicaid\nwaiver service, or psychiatric residential treatment facility at any one (1) time;\nand\n(h) Except as provided in this section, do not require a health facility, health\nservice, Medicaid waiver service, or psychiatric residential treatment facility\nto permit an in-person visitor at all times.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53465","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:21Z","sha256":"ab6a881d7170697e58e598f70733851c5e66b034131b3ac275448e7b3a865bc4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.500","next":"us-ky/krs-216.510"},"notice":"GroundRules: Original legal text. Not legal advice."}