RELATES TO:
KRS 209.030(2)-(4), 209.032,
216.510-216.525, 216.532, 216.535, 216.540, 216.543, 216.545, 216.547,
216.785-216.793,
42 C.F.R.
483.1-483.95
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 216B.042 requires the Cabinet for Health and
Family Services to promulgate administrative regulations necessary for the
proper administration of the licensure function, which includes establishing
licensure standards and procedures to ensure safe, adequate, and efficient
health facilities and health services. This administrative regulation
establishes minimum licensure requirements for the operation of and services
provided by nursing facilities.
Section
1. Scope of Operations and Licensure.
(1) A nursing facility licensed under this
administrative regulation shall comply with federal, state, and local laws and
regulations pertaining to the operation of the facility, including compliance
with the laws and regulations specified in this subsection.
(a) A nursing facility shall comply with the
requirements of
42 C.F.R.
483.1-
483.95.
(b) A nursing facility shall not be operated
by or employ any person who is listed on the:
1. Nurse aide abuse registry pursuant to
KRS 216.532; or
2. Caregiver misconduct registry established
by
KRS 209.032 and
922 KAR 5:120.
(c) A nursing
facility shall comply with the preemployment criminal background check
requirements of
KRS 216.785 - 216.793.
(d) A nursing facility shall comply with the
tuberculosis (TB) testing requirements established by:
(e) A nursing facility shall ensure that the
rights of residents are protected in accordance with
KRS 216.515 - 216.520.
(f) A nursing facility shall conspicuously
display the posters required by
KRS 216.525 that
detail how an individual may make a written or oral complaint to the
cabinet.
(g) A nursing facility
shall provide the information required by
KRS 216.535(3) upon admission of
a nursing facility resident.
(h) A
nursing facility shall comply with the requirements for access to the facility
pursuant to
KRS 216.540(2) - (5).
(i) A nursing facility shall comply with the
posting requirements of
KRS 216.543.
(j) Upon admission, a nursing facility shall
provide a copy of the statement required by
KRS 216.545(2) to the resident,
resident's family member, or guardian.
(k) A nursing facility shall comply with the
requirements for public inspection of the information and documents identified
in
KRS 216.547(1).
(l) A nursing facility shall comply with the
license procedures and fee schedule established by
902 KAR 20:008.
(m) A nursing facility shall maintain written
policies that assure the reporting of cases of abuse, neglect, or exploitation
of adults pursuant to
KRS 209.030(2) -
(4).
(2) A nursing
facility may participate in the Kentucky National Background Check Program
established by
906 KAR 1:190 to satisfy the background check requirements of
subsection (1)(b) and (c) of this section.
Notes
902 KAR 20:300
17 Ky.R. 2319;
2730; 3121; eff. 5-3-1991; 45 Ky.R. 1117; eff.
12-12-2018.
STATUTORY AUTHORITY:
KRS 216B.042
The
amended version of this section by
50
Ky.R. 179; eff. 12/13/2023 is not yet
available.
