AN ACT relating to long-term care facilities.
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SB 11 — AN ACT relating to long-term care facilities.
Last action — signed by Governor (Acts Ch. 20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced October 13, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amend KRS 194A.700 to delete, amend, and add definitions; amend KRS 194A.703 to replace "client" with "resident" and to include requirements for living units in a dementia care unit; amend KRS 194A.705 to allow assisted living communities to provide additional services; amend KRS 194A.707 to change the administrative procedure process of assisted living communities, to add a biennial review process, and to change the certification process to a licensure process; amend KRS 194A.709 to remove the requirement of reporting to the Division of Health Care and to make technical language changes; amend KRS 194A.711 to revise the criteria to be met by residents in an assisted living community; amend KRS 194A.717 to include staffing needs pursuant to an assisted living community's service plan; amend KRS 194A.719 to require orientation education prior to independently working with residents; amend KRS 194A.727 to clarify which businesses can be licensed as an assisted living community; create multiple new sections of KRS 194A.700 to 194A.729 to provide requirements for the cabinet to consider when an applicant is seeking a license as an assisted living community with dementia care; for when a licensee chooses to voluntary relinquishment of a license as an assisted living community with dementia care; to list the responsibilities of an assisted living community with dementia care; to require continuing education training for assisted living managers of an assisted living community with dementia care; to require assisted living communities with dementia care to develop and implement additional policies; to provide staffing requirements for individuals employed in assisted living communities with dementia care; to include additional services an assisted living community with dementia care must provide; to list training requirements for staff working in dementia care units; to establish two categories of licensure for assisted living communities and to require assisted living communities to obtain a license from the cabinet to operate as a dementia care unit; to allow licensed personal care homes, under specific circumstances, to be licensed as an assisted living community or assisted living community with dementia care; to establish the rules for fines and violations of an assisted living community; amend KRS 216.510 and 216.535 to expand the definition of "long-term care facilities" to include assisted living communities; amend KRS 216.535 to amend the definition of "long-term care ombudsman" to exclude assisted living communities; amend KRS 216.530 to amend the inspection period for assisted living communities, personal care homes, and specialized personal care homes; amend KRS 216.557 to exclude assisted living communities from receiving citations as type A or type B violations; amend KRS 216.515, 216.560, 216.563, 216.565, 216.577, 216A.030, and 218A.180 to exclude assisted living communities; amend KRS 216.765 to require a specific medical examination in the admission into assisted living communities; amend KRS 216.573 to broaden the cabinet's power to institute injunctive proceedings; create a new section of KRS Chapter 216 to create new definitions; to establish rules for residence in a personal care home or a specialized personal care home; to allow a personal care home or specialized personal care to provide additional services in certain situations; to establish staffing requirements in personal care homes or specialized personal care homes; to require the cabinet to promulgate administrative regulations to regulate an initial and biennial licensure review process and to establish additional procedures; and to allow the cabinet to request information and to conduct on-site visits; amend KRS 216B.015 to expand the definition of "health facility"; amend KRS 216B.155 to add the exemption of assisted living communities from specific standard requirements; amend KRS 216B.160 to allow a manager's designee in an assisted living community to conduct an ongoing assessment; amend various sections of KRS Chapter 194A and KRS 216.595 to make technical corrections and changes; repeal KRS 194A.723 and 194A.724.
Bill Text
What changed in the latest version
1288 added · 1705 removed1288 line(s) added, 1705 removed.
UNOFFICIALCHAPTER COPY20 221 RSCHAPTER 20 ( SB 11/GA11 ) AN ACT relating to long-term care facilities.
Be stored in a manner requested in writing by the resident[client] or the Page 1 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA resident's[client's] designated representative and permitted by the assisted living[assisted-living] community's policies;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
Preparing syringes for injection or administering medications by any Page 2 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA injection method;
Page 3 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (d) Providing verbal or visual reminders to the resident to take regularly scheduled medication, including bringing the resident previously set up medication, medication in original containers, or liquid or food to accompany the medication;
CHAPTER 20 3 (b) Storage and control of medications, other than as requested by a resident or Page 4 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA a resident's designated representative;
(16)[(10)] "Living unit" means a portion of an assisted living[assisted-living] community Page 5 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA occupied as the living quarters of a resident[client] under a lease agreement;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (19) "Medication setup" means arranging medications by a nurse, pharmacy, or authorized prescriber for later administration by the resident or by facility staff;
Page 6 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (12) "Plan of correction" means a written response from the assisted-living community addressing an instance cited in the statement of noncompliance;
Page 7 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (a) The resident is not ambulatory before or after entering a lease agreement with the assisted living community but is expected to regain ambulatory ability within six (6) months of loss of ambulation, as documented by a licensed health care professional, and the assisted living community has a written plan in place to mitigate risk;
and CHAPTER 20 5 (d) Have temperatures that are not under a resident's[client's] direct control at a Page 8 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA minimum of seventy-one (71) degrees Fahrenheit in winter conditions and a maximum of eighty-one (81) degrees Fahrenheit in summer conditions if the assisted living[assisted-living] community has twenty (20) or fewer units, or the living units are in a secured dementia care unit.
(b) If an assisted living community chooses to provide basic health and health-health-related related services, the assisted living community shall supervise the residents.
(3) (a) Residents[Clients] of an assisted living[assisted-living] community may arrange for additional services under direct contract or arrangement with an Page 9 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA outside agent, professional, provider, or other individual designated by the resident[client] if permitted by the policies of the assisted living[assisted-living[assisted-living] living] community.
Page 10 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA Section 4.
(1) The Cabinet for Health and Family Services shall establish by the promulgation of administrative regulation under KRS Chapter 13A, an initial and[ annual] re-re-licensure[certification] licensure[certification] review process for assisted living[assisted-living] communities.
This administrative regulation shall establish procedures related to Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY applying for, reviewing, and approving, denying, or revoking licensure[certification], as well as the conduct of hearings upon appeals as governed by KRS Chapter 216B[13B].
and (c) Within one (1) year of the date of the previous certification review if during or Page 11 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA since the last certification review an assisted-living community has received:
(6) By September 1 of each year, each assisted living[assisted-living] community Page 12 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA licensed[certified] pursuant to this chapter may provide residents with educational information or education opportunities on influenza disease.
(8) Individuals designated by the cabinet[department] to conduct licensure[certification] reviews shall have the skills, training, experience, and ongoing education, including understanding that assisted living is not subject CHAPTER 20 7 to the rules and regulations of the Centers for Medicare and Medicaid Services, to perform assisted living community and assisted living community with dementia care licensure[certification] reviews.
(11) Notwithstanding any provision of law to the contrary, the cabinet[department] may request [any ]additional relevant information from an assisted living[assisted-living[assisted-living] living] community or conduct additional on-site visits to ensure compliance with the provisions of KRS 194A.700 to 194A.729 if the cabinet has reasonable cause to believe that the assisted living community is not in compliance.
(12) Failure to follow an assisted living[assisted-living] community's policies, practices, Page 13 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA and procedures shall not result in a finding of noncompliance unless the assisted living[assisted-living] community is out of compliance with a related requirement under KRS 194A.700 to 194A.729.
Page 14 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (c) Attending physician's name;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) Minimum thirty (30) day notice provision for a change in the community's fee structure;
(13) Other resident[client] rights and responsibilities, including compliance with subsections (3) and (4) of Section 3 of this Act[KRS 194A.705(2) and (3)];
and (14) Grievance policies that minimally address issues related to confidentiality of complaints and the process for resolving grievances between the resident[client] Page 15 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA and the assisted living[assisted-living] community.
Page 16 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (a) Resident[Client] rights;
CHAPTER 20 9 (i) Assistance with activities of daily living and instrumental activities of daily living;
(2) Any assisted living[assisted-living] community that was open or under construction Page 17 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA on or before July 14, 2000, shall have a minimum of one (1) bathtub or shower for each five (5) residents[clients].
Page 18 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (a) The education and experience of the applicant or its principals in managing residents with dementia or other dementia illnesses and disorders;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) Subsections (1), (2), and (3) of this section apply only to the initial licensure of assisted living communities with dementia care and do not apply to existing dementia units in operation as of the effective date of this Act.
(6) The license shall be inscribed as an "Assisted Living Community with Dementia Page 19 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA Care." SECTION 15.
and Page 20 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (c) The supervision, training, and overall conduct of the staff.
CHAPTER 20 11 (a) College courses;
A NEW SECTION OF KRS 194A.700 TO 194A.729 IS Page 21 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA CREATED TO READ AS FOLLOWS:
All direct care staff assigned to care for residents with dementia shall Page 22 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA be trained to work with residents with Alzheimer's disease and other related dementia illnesses and disorders.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) In an emergency and when trained staff are not available, the assisted living community may assign staff who have not completed the required training.
(5) The licensee shall ensure that staff who provide support for residents with dementia demonstrate a basic understanding and ability to apply dementia training to the residents' emotional and unique health care needs using person-person-centered centered planning delivery.
(7) Orientation and in-service training may include various methods of instruction, Page 23 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA including but not limited to classroom style, Web-based training, video, or one-to-one-to-one one training.
(b) Nonpharmacological practices that are person-centered and evidence-evidence-informed; informed;
Page 24 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (3) An individualized activity plan shall be developed for each resident based on his or her activity evaluation.
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CHAPTER 20 13 (d) One-to-one activities that promote personal interactions between residents and staff;
(7) Subject to appropriate weather, time of day, and other environmental or resident-resident-specific specific considerations as determined by staff, access to secured outdoor space and walkways allowing residents to enter the secured outdoor space and return to the building without staff assistance shall be provided.
This subsection shall only Page 25 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA apply to secured dementia care units constructed after the effective date of this Act.
Page 26 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA 3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 4.
Page 27 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (1) An assisted living community shall not operate unless it is licensed under this chapter.
(a) Within twelve (12) months after the effective date of this Act once it complies with the physical plant requirements of an assisted living Page 28 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA community as of the effective date of this Act;
(2) When an assisted living community self-reports to the cabinet facts or an event that constitute a violation of the administrative regulations, standards, and requirements set forth by the cabinet pursuant to Section 4 of this Act, the applicable provisions of KRS 216.515 to 216.525, 216.537 to 216.555, 216.567 and 216.590, CHAPTER 20 15 and Sections 29, 30, 31, 32, 33, and 34 of this Act, the violation shall be shown on all related documents as having been reported to the cabinet by the assisted living community, and shall not be deemed a complaint.
(5) Civil monetary penalties for violations of the administrative regulations, standards, and requirements set forth by the cabinet shall not be assessed in Page 29 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA excess of five hundred dollars ($500) for each distinct violation.
(1) "Long-term-care facilities" means those health-care facilities in the Commonwealth which are defined by the Cabinet for Health and Family Services to be family-care homes, personal-care homes, intermediate-care facilities, nursing facilities, nursing homes, [and ]intermediate care facilities for individuals with intellectual Page 30 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA disabilities, and assisted living communities as defined in Section 1 of this Act;
Every long-term- care facility shall keep the original document of each written acknowledgment in the resident's personal file.
(3) The resident and the responsible party or his responsible family member or his guardian shall be fully informed in writing, as evidenced by the resident's written acknowledgment and that of the responsible party or his responsible family member, or his guardian, prior to or at the time of admission and quarterly during the resident's stay at the facility, of all service charges for which the resident or his responsible family member or Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY his guardian is responsible for paying.
The resident and the responsible party or his responsible family member or his guardian shall have the right to file complaints concerning charges which they deem unjustified to appropriate local and state consumer protection agencies.
(3) The resident and the responsible party or his responsible family member or his guardian shall be fully informed in writing, as evidenced by the resident's written acknowledgment and that of the responsible party or his responsible family member, or his guardian, prior to or at the time of admission and quarterly during the resident's stay at the facility, of all service charges for which the resident or his responsible family member or his guardian is responsible for paying.
The resident and the responsible party or his responsible family member or his guardian shall Page 31 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA have the right to file complaints concerning charges which they deem unjustified to appropriate local and state consumer protection agencies.
Every long-term-care facility shall keep the original document of each written acknowledgment in the resident's personal file.
This shall include each facility giving quarterly itemized statements to the resident and the responsible party or his responsible family member or his Page 32 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA guardian which detail the status of the resident's personal funds and any transactions in which such funds have been received or disbursed.
Page 33 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (17) If the resident is adjudicated mentally disabled in accordance with state law, the resident's guardian shall act on the resident's behalf in order that his rights be implemented.
CHAPTER 20 17 (20) Residents have the right to be suitably dressed at all times and given assistance when needed in maintaining body hygiene and good grooming.
The action may be brought in any court of Page 34 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA competent jurisdiction to enforce such rights and to recover actual and punitive damages for any deprivation or infringement on the rights of a resident.
(a) "Long-term care facilities" means those health care facilities in the Commonwealth which are defined by the Cabinet for Health and Family Services to be family care homes, personal care homes, intermediate care Page 35 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA facilities, nursing facilities, nursing homes, [and ]intermediate care facilities for individuals with intellectual disabilities, and assisted living communities as defined in Section 1 of this Act;
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (g) "Willful interference" means an intentional, knowing, or purposeful act or omission which hinders or impedes the lawful performance of the duties and responsibilities of the ombudsman as set forth in this chapter.
and Page 36 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (c) Information developed and distributed to the nursing facility by the Department for Medicaid Services, including but not limited to:
(1) Type "A" violation means a violation by a long-term care facility of the regulation, standards, and requirements as set forth by the cabinet pursuant to KRS 216.563 or the provisions of KRS 216.510 to 216.525, or applicable federal laws and regulations governing the certification of a long-term care facility under Title 18 or 19 of the Social Security Act, which presents an imminent danger to any resident of a long-termlong- term care facility and creates substantial risk that death or serious mental or physical harm to a resident will occur.
A Type A violation shall be abated or Page 37 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA eliminated immediately, unless a fixed period of time not to exceed ten (10) days, as determined by the cabinet, is required for correction.
A facility that is assessed a civil monetary penalty in accordance with applicable federal laws and regulations under Title 18 or 19 of the CHAPTER 20 19 Federal Social Security Act shall not be subject to the civil monetary penalty established in this subsection for the same violation.
(1) If a licensee has failed to correct a Type A violation within the time specified for Page 38 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA correction by the cabinet, the cabinet shall assess the licensee a civil penalty in the amount of five hundred dollars ($500) for each day that the deficiency continues beyond the date specified for correction.
(6) A personal care home that is assessed a civil monetary penalty for a Type A or Type B citation shall have the amount of the penalty reduced by the dollar amount that Page 39 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA the facility can verify was used to correct the deficiency, if:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) [(2) ]The reasonable diligence exercised by the licensee and efforts to correct Page 40 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA violations;
(a) [(1) ]Institute proceedings to obtain an order compelling compliance with the regulations, standards, or requirements as set forth by the Cabinet for Health and Family Services, the provisions of KRS 216.510 to 216.525, or applicable Page 41 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA federal laws and regulations governing the certification of a long-termlong- term care facility under Title 18 or 19 of the Social Security Act;
Page 42 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (a) The assisted living[assisted-living] community's or long-term care facility's mission or philosophy statement concerning the needs of residents with Alzheimer's disease or other brain disorders;
CHAPTER 20 21 (d) The supervision provided for residents with a medical diagnosis of Alzheimer's disease or other brain disorders;
A NEW SECTION OF KRS CHAPTER 216 IS CREATED TO Page 43 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA READ AS FOLLOWS:
(4) A PCH or SPCH may provide services to a resident who is deemed to have a Page 44 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA temporary condition as defined in Section 1 of this Act.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) (a) Staffing in a PCH or SPCH shall be sufficient in number and qualification to meet the twenty-four (24) hour scheduled needs of each resident.
(b) Notwithstanding any provision of law to the contrary, the cabinet may request additional relevant information from a personal care home or specialized personal care home or conduct additional on-siteon- site visits to ensure compliance with the provisions of this chapter and other applicable statutes Page 45 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA and administrative regulations, if the cabinet has reasonable cause to believe that the personal care home or specialized personal care home is not in compliance.
(1) No licensed long-term care facility shall operate except under the supervision of a long-term care administrator, unless approved by the board through administrative regulation, and no person shall be a long-termlong- term care administrator unless he or she is the holder of a long-term care administrator's license issued pursuant to this chapter.
Except as otherwise provided, for purposes of this chapter, the following definitions shall Page 46 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA apply:
CHAPTER 20 23 2.
(c) Nothing in this subsection shall preclude a physician from negotiating Page 47 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA enhanced payment for outpatient surgical procedures performed in the physician's private office so long as the physician does not seek recognition or reimbursement of his or her office as an ambulatory surgical center without first obtaining a certificate of need or license required under KRS 216B.020 and 216B.061;
(9) "Certificate of need" means an authorization by the cabinet to acquire, to establish, Page 48 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA to offer, to substantially change the bed capacity, or to substantially change a health service as covered by this chapter;
This shall include but shall not be limited to health facilities and health services commonly referred to as hospitals, psychiatric hospitals, physical rehabilitation hospitals, chemical dependency programs, nursing facilities, nursing homes, personal care homes, intermediate care facilities, assisted living communities, family care homes, outpatient clinics, ambulatory care facilities, ambulatory surgical centers, emergency care centers and services, ambulance providers, hospices, community mental health centers, home health agencies, kidney disease treatment centers and Page 49 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA freestanding hemodialysis units, and others providing similarly organized services regardless of nomenclature;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (14) "Health services" means clinically related services provided within the Commonwealth to two (2) or more persons, including but not limited to diagnostic, treatment, or rehabilitative services, and includes alcohol, drug abuse, and mental health services;
In determining whether medical equipment has a value in excess of the medical equipment expenditure minimum, the value of Page 50 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the acquisition of the equipment shall be included;
Page 51 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (24) "Record" means, as applicable in a particular proceeding:
CHAPTER 20 25 (b) Any information provided by a holder of a certificate of need or license in response to a notice of revocation of a certificate of need or license;
A registered nurse who was certified prior to 1995 by the Certification Board of Perioperative Nursing shall not be required to fulfill the requirements of paragraph Page 52 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (c) of this subsection;
An acquisition shall be deemed to occur when more than fifty percent (50%) of an existing capital asset or capital stock or voting rights of a corporation is purchased, transferred, leased, or acquired by comparable Page 53 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA arrangement by one (1) person from another person;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (33) "To batch" means to review in the same review cycle and, if applicable, give comparative consideration to all filed applications pertaining to similar types of services, facilities, or equipment affecting the same health service area;
Page 54 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA (5) A staffing plan that specifies staffing levels of licensed and unlicensed personnel required to safely and consistently meet the performance and clinical outcomes-outcomes-based based standards as outlined in the facility's or service's quality improvement plan;
A prescription for a controlled substance listed in Schedule II may be dispensed by oral prescription only for immediate administration to a patient enrolled in a hospice Page 55 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA program or a resident in a long-term care facility, as defined in KRS 216.535, excluding a family care home, assisted living community as defined in Section 1 of this Act, or personal care home, and the practitioner determines that immediate administration is necessary, no appropriate alternative treatment is available, and it is not reasonably possible for the prescriber to provide a written prescription.
(2) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance included in Schedules III, IV, and V, which is a prescription drug, shall not be dispensed without a written, facsimile, CHAPTER 20 27 electronic, or oral prescription by a practitioner.
Electronic prescriptions shall be created, Page 56 of 57 SB001110.100 - 137 - XXXX GA UNOFFICIAL COPY 22 RS SB 11/GA signed, and transmitted in accordance with the requirements of 21 C.F.R.
PageSigned 57by ofGovernor 57March SB001110.10018, -2022. 137 - XXXX GA
Legislative Research Commission PDF Version
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Action History
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signed by Governor (Acts Ch. 20)
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delivered to Governor
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enrolled, signed by Speaker of the House
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enrolled, signed by President of the Senate
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received in Senate
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3rd reading, passed 94-0
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posted for passage in the Regular Orders of the Day for Tuesday, March 08, 2022
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar
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to Health & Family Services (H)
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to Committee on Committees (H)
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received in House
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3rd reading, passed 30-2 with Committee Substitute
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posted for passage in the Regular Orders of the Day for Tuesday, January 18, 2022
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2nd reading, to Rules
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reported favorably, 1st reading, to Calendar with Committee Substitute (1)
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to Health & Welfare (S)
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to Committee on Committees (S)
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introduced in Senate
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Prefiled by the sponsor(s).
Sponsors
- R. Alvarado · Primary
- C. Embry Jr. · Primary
- Robby Mills · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 135 not signed on · 1 voted No
Sponsors (3)
- R. Alvarado
- C. Embry Jr.
- Robby Mills Republican
Co-sponsors (0)
None.
Not signed on (135)
135 members have not signed on to this bill.
Show all 135 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 50 | 0 | 0 | 3 |
| Unaffiliated | 35 | 0 | 0 | 2 |
| Democrat | 9 | 0 | 0 | 0 |
| Total | 94 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (99)
| Member | Party | Vote |
|---|---|---|
| Meredith | — | Yea |
| Santoro | — | Yea |
| Fischer | — | Yea |
| Scott | — | Yea |
| Bechler | — | Yea |
| Jenkins | — | Yea |
| Bentley | — | Yea |
| Sheldon | — | Yea |
| Minter | — | Yea |
| Smith | — | Yea |
| Flood | — | Yea |
| Nemes | — | Yea |
| Koenig | — | Yea |
| Thomas | — | Yea |
| Pratt | — | Yea |
| Timoney | — | Yea |
| Graham | — | Yea |
| Prunty | — | Yea |
| Cantrell | — | Yea |
| Raymond | — | Yea |
| Webber | — | Yea |
| Hatton | — | Yea |
| Massey | — | Yea |
| Dixon | — | Yea |
| Heath | — | Yea |
| Westrom | — | Yea |
| McCoy | — | Yea |
| Wheatley | — | Yea |
| Rowland | — | Yea |
| DuPlessis | — | Yea |
| Burch | — | Not Voting |
| Palumbo | — | Not Voting |
| Huff R | — | Yea |
| Kirk McCormick | — | Yea |
| Miller C | — | Yea |
| Miller J | — | Yea |
| Stevenson C | — | Yea |
| Al Gentry | Democrat | Yea |
| Ashley Tackett Laferty | Democrat | Yea |
| George Brown Jr. | Democrat | Yea |
| Keturah J. Herron | Democrat | Yea |
| Lisa Willner | Democrat | Yea |
| Mary Lou Marzian | Democrat | Yea |
| Nima Kulkarni | Democrat | Yea |
| Pamela Stevenson | Democrat | Yea |
| Tina Bojanowski | Democrat | Yea |
| Aaron Reed | Republican | Yea |
| Adam Bowling | Republican | Yea |
| Bill Wesley | Republican | Yea |
| Bobby McCool | Republican | Yea |
| Chris Freeland | Republican | Yea |
| Chris Fugate | Republican | Yea |
| DJ Johnson | Republican | Yea |
| Daniel Elliott | Republican | Yea |
| Daniel Fister | Republican | Yea |
| David Hale | Republican | Yea |
| David Meade | Republican | Yea |
| David W. Osborne | Republican | Yea |
| Deanna Gordon | Republican | Yea |
| Derek Lewis | Republican | Not Voting |
| Felicia Rabourn | Republican | Yea |
| James Tipton | Republican | Yea |
| Jason Petrie | Republican | Yea |
| Jennifer Decker | Republican | Yea |
| Jim Gooch Jr. | Republican | Yea |
| John Blanton | Republican | Yea |
| Josh Branscum | Republican | Yea |
| Josh Bray | Republican | Yea |
| Josh Calloway | Republican | Yea |
| Ken Fleming | Republican | Yea |
| Ken Upchurch | Republican | Yea |
| Kim Banta | Republican | Yea |
| Kim King | Republican | Yea |
| Kimberly Poore Moser | Republican | Yea |
| Mark Hart | Republican | Yea |
| Mary Beth Imes | Republican | Yea |
| Matt Lockett | Republican | Yea |
| Matthew Koch | Republican | Yea |
| Michael Sarge Pollock | Republican | Yea |
| Myron Dossett | Republican | Yea |
| Nancy Tate | Republican | Yea |
| Patrick Flannery | Republican | Yea |
| Randy Bridges | Republican | Yea |
| Richard White | Republican | Not Voting |
| Ryan Dotson | Republican | Yea |
| Samara Heavrin | Republican | Yea |
| Savannah Maddox | Republican | Yea |
| Scott Lewis | Republican | Yea |
| Scott Sharp | Republican | Yea |
| Shane Baker | Republican | Yea |
| Shawn McPherson | Republican | Yea |
| Steve Bratcher | Republican | Yea |
| Steve Riley | Republican | Yea |
| Steven Rudy | Republican | Yea |
| Suzanne Miles | Republican | Yea |
| T.J. Roberts | Republican | Yea |
| Thomas Huff | Republican | Yea |
| Timmy Truett | Republican | Not Voting |
| William Lawrence | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 1 | 0 | 4 |
| Republican | 17 | 0 | 0 | 0 |
| Democrat | 1 | 1 | 0 | 0 |
| Total | 30 | 2 | 0 | 4 |
| % of votes cast | 83% | 6% | 0% | 11% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Alvarado | — | Yea |
| Hornback | — | Yea |
| Parrett | — | Yea |
| Turner | — | Yea |
| Schroder | — | Yea |
| McGarvey | — | Yea |
| Southworth | — | Yea |
| Westerfield | — | Yea |
| Meredith | — | Yea |
| Thayer | — | Yea |
| Nemes | — | Yea |
| Thomas | — | Nay |
| Castlen | — | Not Voting |
| Kerr | — | Not Voting |
| Smith | — | Not Voting |
| Yates | — | Not Voting |
| Harper Angel | — | Yea |
| Gerald A. Neal | Democrat | Yea |
| Karen Berg | Democrat | Nay |
| Brandon J. Storm | Republican | Yea |
| Christian McDaniel | Republican | Yea |
| Danny Carroll | Republican | Yea |
| David P. Givens | Republican | Yea |
| Donald Douglas | Republican | Yea |
| Jared Carpenter | Republican | Yea |
| Jason Howell | Republican | Yea |
| Jimmy Higdon | Republican | Yea |
| Julie Raque Adams | Republican | Yea |
| Max Wise | Republican | Yea |
| Mike Wilson | Republican | Yea |
| Phillip Wheeler | Republican | Yea |
| Rick Girdler | Republican | Yea |
| Robby Mills | Republican | Yea |
| Robert Stivers | Republican | Yea |
| Robin L. Webb | Republican | Yea |
| Stephen West | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 11 do?
- Amend KRS 194A.700 to delete, amend, and add definitions; amend KRS 194A.703 to replace "client" with "resident" and to include requirements for living units in a dementia care unit; amend KRS 194A.705 to allow assisted living communities to provide additional services; amend KRS 194A.707 to change the administrative procedure process of assisted living communities, to add a biennial review process, and to change the certification process to a licensure process; amend KRS 194A.709 to remove the requirement of reporting to the Division of Health Care and to make technical language changes; amend KRS 194A.711 to revise the criteria to be met by residents in an assisted living community; amend KRS 194A.717 to include staffing needs pursuant to an assisted living community's service plan; amend KRS 194A.719 to require orientation education prior to independently working with residents; amend KRS 194A.727 to clarify which businesses can be licensed as an assisted living community; create multiple new sections of KRS 194A.700 to 194A.729 to provide requirements for the cabinet to consider when an applicant is seeking a license as an assisted living community with dementia care; for when a licensee chooses to voluntary relinquishment of a license as an assisted living community with dementia care; to list the responsibilities of an assisted living community with dementia care; to require continuing education training for assisted living managers of an assisted living community with dementia care; to require assisted living communities with dementia care to develop and implement additional policies; to provide staffing requirements for individuals employed in assisted living communities with dementia care; to include additional services an assisted living community with dementia care must provide; to list training requirements for staff working in dementia care units; to establish two categories of licensure for assisted living communities and to require assisted living communities to obtain a license from the cabinet to operate as a dementia care unit; to allow licensed personal care homes, under specific circumstances, to be licensed as an assisted living community or assisted living community with dementia care; to establish the rules for fines and violations of an assisted living community; amend KRS 216.510 and 216.535 to expand the definition of "long-term care facilities" to include assisted living communities; amend KRS 216.535 to amend the definition of "long-term care ombudsman" to exclude assisted living communities; amend KRS 216.530 to amend the inspection period for assisted living communities, personal care homes, and specialized personal care homes; amend KRS 216.557 to exclude assisted living communities from receiving citations as type A or type B violations; amend KRS 216.515, 216.560, 216.563, 216.565, 216.577, 216A.030, and 218A.180 to exclude assisted living communities; amend KRS 216.765 to require a specific medical examination in the admission into assisted living communities; amend KRS 216.573 to broaden the cabinet's power to institute injunctive proceedings; create a new section of KRS Chapter 216 to create new definitions; to establish rules for residence in a personal care home or a specialized personal care home; to allow a personal care home or specialized personal care to provide additional services in certain situations; to establish staffing requirements in personal care homes or specialized personal care homes; to require the cabinet to promulgate administrative regulations to regulate an initial and biennial licensure review process and to establish additional procedures; and to allow the cabinet to request information and to conduct on-site visits; amend KRS 216B.015 to expand the definition of "health facility"; amend KRS 216B.155 to add the exemption of assisted living communities from specific standard requirements; amend KRS 216B.160 to allow a manager's designee in an assisted living community to conduct an ongoing assessment; amend various sections of KRS Chapter 194A and KRS 216.595 to make technical corrections and changes; repeal KRS 194A.723 and 194A.724.
- Who sponsors SB 11?
- SB 11 is sponsored by R. Alvarado, C. Embry Jr., and Robby Mills (Republican).
- What is the current status of SB 11?
- This bill has been enacted into law. Introduced October 13, 2021. Enacted.
- Where can I track SB 11?
- Track SB 11 free on One Click Politics — get push/email alerts when it moves.
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