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 Kentucky Administrative Regulations (Last Updated: August 1, 2016)
 TITLE 922. CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY BASED SERVICES - PROTECTION AND PERMANENCY
 Chapter 5. Adult Services

  922 KAR 5:081reg. Repeal of 922 KAR 5:080  

Latest version.

  •       Section 1. 922 KAR 5:080, Certification of assisted living residences, is hereby repealed.

     

    ADRIA JOHNSON, Commissioner

    VICKIE YATES BROWN GLISSON, Secretary

          APPROVED BY AGENCY: May 26, 2016

          FILED WITH LRC: June 13, 2016 at 2 p.m.

          PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on July 21, 2016, at 9:00 a.m. in the Health Services Auditorium, Health Services Building, First Floor, 275 East Main Street, Frankfort, Kentucky. Individuals interested in attending this hearing shall notify this agency in writing by July 14, 2016, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who attends will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to attend the public hearing, you may submit written comments on the proposed administrative regulation. You may submit written comments regarding this proposed administrative regulation until close of business August 1, 2016. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

          CONTACT PERSON: Tricia Orme, Office of Legal Services, 275 East Main Street 5 W-B, Frankfort, Kentucky 40601, phone 502-564-7905, fax 502-564-7573, tricia.orme@ky.gov.

     

    REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

     

    Contact: Elizabeth Caywood

          (1) Provide a brief summary of:

          (a) What this administrative regulation does: This administrative regulation repeals 922 KAR 5:080, Certification of assisted living residences.

          (b) The necessity of this administrative regulation: This administrative regulation is necessary to repeal 922 KAR 5:080, Certification of assisted living residences, because the administrative regulation is obsolete and is not reflective of current policy and practices of the Department for Community Based Services. The Department for Aging and Independent Living certify assisted living communities pursuant to 910 KAR 1:240.

          (c) How this administrative regulation conforms to the content of the authorizing statutes: The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

          (a) How the amendment will change this existing administrative regulation: This administrative regulation is not an amendment.

          (b) The necessity of the amendment to this administrative regulation: This administrative regulation is not an amendment.

          (c) How the amendment conforms to the content of the authorizing statutes: This administrative regulation is not an amendment.

          (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation is not an amendment.

          (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences. Certification of assisted living communities is a function of the Department for Aging and Independent Living. There is no impact to entities formerly regulated by this administrative regulation.

          (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

          (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

          (a) Initially: There is no cost associated with the repeal of 922 KAR 5:080, Certification of assisted living residences.

          (b) On a continuing basis: There is no cost associated with the repeal of 922 KAR 5:080, Certification of assisted living residences.

          (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no source of funding associated with the repeal of 922 KAR 5:080, Certification of assisted living residences.

          (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences. There is no fee or funding impact.

          (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: There are no fees associated with the repeal of 922 KAR 5:080, Certification of assisted living residences.

          (9) TIERING: Is tiering applied? Tiering is not applied in the repeal of 922 KAR 5:080, Certification of assisted living residences.

     

    FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

     

          1. What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Cabinet for Health and Family Services’ (cabinet) Department for Community Based Services will no longer have this obsolete administrative regulation under its purview. The certification of assisted living communities has been established by the cabinet’s Department for Aging and Independent Living in 910 KAR 1:240.

          2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences.

          3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

          (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The only purpose of this administrative regulation is to repeal 922 KAR 5:080, Certification of assisted living residences. No revenue will be generated for the first year.

          (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? No revenue will be generated in subsequent years.

          (c) How much will it cost to administer this program for the first year? This administrative regulation will create no new costs in the first year.

          (d) How much will it cost to administer this program for subsequent years? This administrative regulation will create no new costs in subsequent years.

          Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

          Revenues (+/-):

          Expenditures (+/-):

          Other Explanation:

Notation

      RELATES TO: KRS Chapter 13B, 209.200

      STATUTORY AUTHORITY: KRS 194A.050, 209.200, EO 96-862

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 209.200 authorizes the cabinet to establish requirements for the voluntary certification of an assisted living residence. EO 96-862, effective July 2, 1996, reorganized the Cabinet for Human Resources and placed the Department for Social Services and the Adult Protection Program under the Cabinet for Health and Family Services. This administrative regulation repeals 922 KAR 5:080, which is obsolete and is not reflective of the current policy and practices of the Department for Community Based Services. The Department for Aging and Independent Living shall certify assisted living communities pursuant to 910 KAR 1:240.