922 KAR 5:100. Alternate care for adults

      Section 1. Definitions. (1) "Alternate care" means a level of care, licensed by the Division of Licensing and Regulation, as follows:

      (a) Skilled nursing facility, or "SNF";

      (b) Nursing facility, or "NF";

      (c) Intermediate care facility, or "ICF";

      (d) Personal care home, or "PCH";

      (e) Family care home, or "FCH"; and

      (f) Intermediate Care Facility for the Mentally Retarded, or "ICF-MR".

      (2) "Cabinet" is defined at KRS 209.020(2).

      (3) "Family care home", or "FCH", means a home that meets the requirements and provides services established in 902 KAR 20:041.

      (4) "Intermediate care facility for the mentally retarded", or "ICF-MR", is defined at 907 KAR 1:022, Section 1(3). Service provisions are established in 902 KAR 20:051. License provisions are established in 902 KAR 20:056.

      (5) "Nursing facility", or "NF", is defined at 907 KAR 1:022, Section 1(7).

      (6) "Personal care home" or "PCH", is defined at KRS 216.750(2).

      (7) "Skilled nursing facility", or "SNF", is defined at 907 KAR 1:022, Section 1(2), as "high Intensity nursing care service".

      (8) "Social service worker" means a person employed by the cabinet with a bachelor’s or master’s degree in social work or a related field.

 

      Section 2. Placement and Movement. (1) Except under a condition pursuant to KRS Chapter 209, the Adult Protection Law, 922 KAR 5:070, or 922 KAR 5:090, the cabinet shall respond to a request for placement and movement, but shall not make the decision to move or place an adult.

      (2) A social service worker shall, if within budgetary and personnel limitations, assist an adult in locating and assisting in placement and movement, if:

      (a) Requested by one (1) of the following:

      1. The adult in need of services;

      2. The guardian of the adult in need of services;

      3. The holder of a durable power of attorney;

      4. The facility in which the adult in need of services is being treated, if no other suitable person is available and willing to assist;

      5. Another state agency; or

      6. Court order; and if:

      (b) The person has not been adjudicated mentally disabled;

      (c) The person agrees to the placement or movement; and

      (d) All other options have been explored and rejected.

      (3) A social service worker shall assist a Medicaid recipient in locating placement or assistance in movement or placement. The social service worker shall consider every available community resource that may assist the adult to remain at home or to return home during the placement process.

      (4) A request for a placement and movement service may result from a:

      (a) Protective service investigation;

      (b) Change in a level of care;

      (c) Normal movement into or out of an alternate care facility;

      (d) Dissatisfaction of a resident; or

      (e) Closure of an alternate care facility.

 

      Section 3. Service to a Facility or Resident In an Alternate Care Facility. (1) The cabinet shall, upon request by the adult and within budgetary limitations, provide a social service to a resident residing in an alternate care facility.

      (2) The cabinet may share pertinent information with the alternate care facility.

      (3) Upon notification from the Division of Licensing and Regulation of a new application for FCH licensure, the social service worker or a registered nurse shall:

      (a) Complete an initial assessment; and

      (b) Reassess every six (6) months thereafter.

      (4) A social service worker or a registered nurse shall complete a semiannual assessment of a licensed PCH.

      (5) The cabinet may offer ongoing service delivery to a resident, administrator or operator of an FCH or PCH.

 

      Section 4. A child committed to the cabinet shall not be placed in a PCH or FCH without express written permission of the service region administrator or his designee. (26 Ky.R. 2187; Am. 27 Ky.R. 147; eff. 7-17-2000.)

Notation

      RELATES TO: KRS 209.020, 209.100, 216.750(2)

      STATUTORY AUTHORITY: KRS 194A.050(1), 209.030(1), 209.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 209.035 requires the Cabinet for Health and Family Services to promulgate administrative regulations to establish provisions for general adult services. KRS 209.030(1) permits the secretary to promulgate administrative regulations offering protective services designed to safeguard the welfare of an adult who has experienced abuse or neglect. This administrative regulation establishes the Alternate Care for Adults Program.