900 KAR 2:010 - Access and hours of visitation
RELATES TO: KRS 216.537, 216.540
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Human Resources must set forth criteria pertaining to the ability of the administrator of a long-term care facility to terminate visitation to that facility. This administrative regulation is designed to give guidance to administrators under the provisions of KRS 216.540(4) and to comply with the requirements of KRS 216.537 concerning hours of visitation.
Section 1. Definitions.
(1) "Administrator" means the administrator
of a long-term care facility subject to the provisions of the nursing home
reform act,
KRS
216.535 et seq.
(2) "Designated representative" means with
respect to an administrator, a member of the long-term care facility's existing
staff who has been authorized in writing by the administrator to act in the
absence of the administrator. In the case of the long-term care ombudsman,
"ombudsman's design-ee" means an individual, association or corporation
authorized by contract to act as agent for certain specified purposes in behalf
of the long-term care ombudsman.
Section 2. The administrator of a long-term
care facility or his designated representative may request those groups or
individuals assured access during visiting hours under the provisions of
KRS
216.540(1)(a) through (c)
and those groups or individuals assured access under
KRS
216.540(5) to terminate
visitation upon the occurrence of any one (1) of the following:
(1) A resident of the facility is physically
or verbally abused by the individual or group;
(2) Any individual carries a firearm or other
deadly weapon into the facility who is not a peace officer. For the purpose of
this administrative regulation, "deadly weapon" is defined as including, but
not limited to, any weapon from which a shot, readily capable of producing
death or serious physical injury, may be discharged, or a switchblade knife,
gravity knife, billy, blackjack, or metal knuckles;
(3) Any individual or group commits a felony
or misdemeanor while on the facility's premises; or
(4) Any individual or group is visibly under
the influence of alcohol or controlled substances.
Section 3. Those individuals assured access
during visiting hours under the provisions of
KRS
216.540(1)(b) and (c) have
assured access to only the residents' dining area, living area, recreation
area, lounge and areas open to the general public. Access to other areas within
the facility may be gained after having received the permission of the
administrator or his designated representative to enter the area in
question.
Section 4. Those groups
or individuals assured access during visiting hours under the provisions of
KRS
216.540(1)(a) through (c),
except for family and legal guardians, including employees of agencies within
the Cabinet duly appointed legal guardian by a court of law, and
KRS
216.540(5) are:
(1) Upon entering the facility, to promptly
advise the administrator or his designated representative of their presence;
and
(2) Not to enter the living
area of any resident without identifying themselves to the resident. Failure to
comply with the requirements of this section may be grounds for requesting
termination of visitation.
Section
5. In order to satisfy the requirements for licensure by the
state, a long-term care facility shall establish daily visiting hours which, at
a minimum, shall consist of six (6) hours between the hours of 8 a.m. and 5
p.m. local time, and two (2) hours between the hours of 5 p.m. and 8 p.m. local
time. All visiting hours are to be posted in a conspicuous place in the lobby,
in the entrance way, or at the front door of the long-term care
facility.
Section 6. Administrators
of long-term care facilities may establish visiting hours in addition to those
required pursuant to
KRS
216.537.
Section 7. Representatives or employees of
the Cabinet for Human Resources, including the long-term care ombudsman or the
long-term care ombudsman's designee, any representative or employee of any
local government entity having responsibility regarding residents of long-term
care facilities, and the family or legal guardian(s) of any individual resident
shall have unrestricted access to and in all long-term care
facilities.
Section 8. Nothing in
this administrative regulation shall be deemed to prohibit or restrain the
right of a resident of a long-term care facility to deny visitation or to
terminate a visit by any individual or group.
Section 9. Each administrator of a long-term
care facility shall appoint a member of the facility's existing staff to act as
his designated representative present at the facility and authorized to act in
the absence of the administrator.
Section
10. This administrative regulation shall become part of the
statement required by
KRS
216.545(1) to be posted in
the long-term care facility.
Notes
STATUTORY AUTHORITY: KRS 194.050, 216.540, 216.545
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