SB 61 — AN ACT relating to direct-care staff.

UNOFFICIALCHAPTER COPY72 211 RSCHAPTER 72 ( SB 61/GA61 ) AN ACT relating to direct-care staff.

(8) "Facilities or programs" means residential facilities or home-and-community-home-and-community-based based service programs and includeincludes but areis not limited to personal service agencies and home health agencies that have residents or program participants who exhibit symptoms of Alzheimer's disease or other dementias;

Assisting with a client's ambulation and activities of daily living as Page 1 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA defined in KRS 194A.700;

Hospitals or other entities that provide information to consumers regarding persons who are available as caregivers if the hospital or other entity makes no attempt to manage or coordinate the selection of such Page 2 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA persons for consumers and a disclaimer is provided that the entity providing ACTS OF THE GENERAL ASSEMBLY the information has not made an independent assessment of the ability of the individual or agency to provide personal services;

(10)[(8)] "Personal services agency" means any person, business entity, corporation, or association, either for-profitfor- profit or not-for-profit, that directly provides or makes provision for personal services through:

(11)[(9)] "Parent personal services agency" means a personal services agency located in Kentucky that develops and maintains administrative and fiscal control over a branch office in a different Kentucky location, and does not include an out-of-state personal services agency with a branch office in Kentucky;[ and] (12) "Recipient" means an individual receiving non-medicalnonmedical home health services or medical home-health services;

A NEW SECTION OF KRS 216.710 TO KRS 216.716 IS CREATED TO READ AS FOLLOWS:

(1) The purpose of this section is to set minimum training requirements for direct-direct-care care staff members that are employed by facilities or programs regulated by the cabinet that provide services to individuals who exhibit symptoms of Alzheimer’s Page 3 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA disease or other dementias in the populations they serve.

(3) Facilities or programs shall ensure that all direct-care staff members who provide care to recipients who exhibit symptoms of Alzheimer’s disease or other dementias have completed the training required in subsection (2) of this section, received at least six (6) hours of cabinet-approved training within the first sixty (60) days of employment and a minimum of three (3) additional hours of cabinet-cabinet-approved approved training annually.

(4) Facilities or programs shall provide certificates of completion of cabinet-cabinet-approved approved trainings to direct-care staff members who successfully complete the required courses.

Successful completion is determined by attendance for the Page 4 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA entire course and achievement of a passing grade on the post-evaluation measures.

CHAPTER 72 3 (6) Direct-care staff members who have a lapse of twenty-four (24) months or more providing home health aide services to recipients who exhibit symptoms of Alzheimer’s disease or other dementias shall be required to complete the six (6) hours of initial dementia care training within sixty (60) days of providing care to recipients who exhibit symptoms of Alzheimer’s disease or other dementias as required by subsection (3) of this section.

(8) Advertising, marketing, or verbally offering to provide care for a recipient who exhibits symptoms of Alzheimer’s disease or other dementias that areis not in compliance with the requirements set forth in this section is prohibited.

(10) Any individual or entity, not a facility or program or not operated by the federal government or any agency thereof, that knowingly holds himself, herself, or itself out as a provider of care to a recipient who exhibits symptoms of Alzheimer’s disease or other dementias and fails to comply with this section is deemed to have violated this section and shall be fined an amount not to exceed five hundred Page 5 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA dollars ($500) for each day it is in violation of this section.

(2) "Facilities or programs" means residential facilities or home-and-community-home-and-community-based based service programs and include but are not limited to personal service agencies and home health agencies that have residents or program participants who exhibit symptoms of Alzheimer's disease or other dementias;

(3) "Home health aide" means an individual who is hired to perform home health aide services.services;[.] (4)[(2)] "Home health agency" means a public agency or private organization, or a subdivision of such an agency or organization which is licensed as a home health agency by the Cabinet for Health and Family Services and is certified to participate as a home health agency under Title XVIII of the Social Security Act;[.] (5)[(3)] "Home health aide services" means those services provided by a home health aide and supervised by a registered nurse which are directed towards the personal care of the patient.

(4)[(2)] "Home health agency" means a public agency or private organization, or a subdivision of such an agency or organization which is licensed as a home health agency by the Cabinet for Health and Family Services and is certified to participate as a home health agency under Title XVIII of the Social Security Act.

(5)[(3)] "Home health aide services" means those services provided by a home health aide and supervised by a registered nurse which are directed towards the personal Page 6 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA care of the patient.

ACTS OF THE GENERAL ASSEMBLY (f) Performing incidental household services as are essential to the patient's health care at home, if these services would have been performed if the patient was in a hospital or skilled nursing facility;

and (g) Reporting changes in the patient's condition or family situation to the professional nurse supervisor.supervisor;[.] (6)[(4)] "Nurse aide" means an individual, including a nursing student, medication aide, and a person employed through a nursing pool, who provides nursing or nursing related services to a resident in a nursing facility or home health agency, excluding:

(6)[(4)] "Nurse aide" means an individual, including a nursing student, medication aide, and a person employed through a nursing pool, who provides nursing or nursing related services to a resident in a nursing facility or home health agency, excluding:

and (c) A person who is hired by the resident or family to sit with the resident and who does not perform nursing or nursing-related services.services;

and[.] (7) "Recipient" means an individual receiving non-medical home health services or medical home-health services.

A NEW SECTION OF KRS 216.935 TO KRS 216.939 IS CREATED TO READ AS FOLLOWS:

(1) The purpose of this section is to set minimum training requirements for direct-direct-care Page 7 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA care staff members that are employed by facilities or programs regulated by the cabinet that provide services to individuals who exhibit symptoms of Alzheimer’s disease or other dementias in the populations they serve.

(3) Facilities or programs shall ensure that all direct-care staff members who provide care to recipients who exhibit symptoms of Alzheimer’s disease or other dementias have completed the training required in subsection (2) of this section, received at least six (6) hours of cabinet-approved training within the first sixty (60) days of employment and a minimum of three (3) additional hours of cabinet-cabinet-approved approved training annually.

(4) Facilities or programs shall provide certificates of completion of cabinet-cabinet-approved Page 8 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA approved trainings to direct-care staff members who successfully complete the required courses.

CHAPTER 72 5 (7) Facilities or programs may submit any training curriculums currently in use to the cabinet for approval.

(8) Advertising, marketing, or verbally offering to provide care for a recipient who exhibits symptoms of Alzheimer’s disease or other dementias that areis not in compliance with the requirements set forth in this section is prohibited.

(10) Any individual or entity, not a facility or program or not operated by the federal government or any agency thereof, that knowingly holds himself, herself, or itself out as a provider of care to a recipient who exhibits symptoms of Alzheimer’s Page 9 of 10 SB006110.100 - 1012 - XXXX GA UNOFFICIAL COPY 21 RS SB 61/GA disease or other dementias and fails to comply with this section is deemed to have violated this section and shall be fined an amount not to exceed five hundred dollars ($500) for each day it is in violation of this section.

PageSigned 10by ofGovernor 10March SB006110.10022, -2021. 1012 - XXXX GA