Kentucky Administrative Regulations
Title 900 - CABINET FOR HEALTH AND FAMILY SERVICES
Chapter 2 - Long-term Care
Section 900 KAR 2:010 - Access and hours of visitation
Current through Register Vol. 50, No. 9, March 1, 2024
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.
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:
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:
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.
STATUTORY AUTHORITY: KRS 194.050, 216.540, 216.545