Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 216.718 - 216.728, 216.785 - 216.793
NECESSITY, FUNCTION, AND CONFORMITY: KRS 216.720(2) requires
the cabinet to promulgate administrative regulations in accordance with KRS
Chapter 13A to establish the application process for registration of health
care services agencies. KRS 216.728(2) requires the cabinet to promulgate
administrative regulations in accordance with KRS Chapter 13A to establish
requirements for health care services agencies to submit quarterly reports.
This administrative regulation establishes requirements for health care
services agency registration and quarterly reporting.
Section 1. Definitions.
(1) "Assisted-living community" is defined by
KRS 216.718(1).
(2) "Cabinet" is
defined by KRS 216.718(2).
(3)
"Controlling person" is defined by KRS 216.718(3).
(4) "Direct care service" is defined by KRS 216.718(4).
(5) "Permanent direct
care staff" is defined by KRS 216.718(8).
(6) "Health care services agency" is defined
by KRS 216.718(5).
(7) "Hospital"
is defined by KRS 216.718(6).
(8)
"Long-term care facilities" is defined by KRS 216.718(7).
(9) "Temporary direct care staff" is defined
by KRS 216.718(9).
Section
2. Registration.
(1) A health
care services agency that refers temporary direct care staff to assisted-living
communities, long-term care facilities, or hospitals in Kentucky shall register
with the cabinet as required by KRS 216.720(1).
(2) In accordance with KRS 216.725, the
requirements of this administrative regulation shall not apply to the placement
of permanent direct care staff.
Section 3. Application and Fees.
(1) An applicant for initial registration or
annual renewal as a health care services agency shall submit to the Office of
Inspector General:
(a) A completed Application
for Registration to Operate a Health Care Services Agency; and
(b) In accordance with KRS 216.720(2)(f), an
accompanying fee in the amount of $3,000, made payable to the Kentucky State
Treasurer.
(2) As a
condition of annual renewal, the application required by subsection (1) of this
section shall be submitted to the cabinet at least sixty (60) days prior to the
date of expiration of the agency's registration.
(3) In accordance with KRS 216.720(1), each
separate location of a health care services agency shall register and obtain a
separate registration.
(4)
(a) Name change. A health care services
agency shall:
1. Notify the Office of
Inspector General in writing within ten (10) calendar days of the effective
date of a change in the agency's name; and
2. Submit a processing fee of twenty-five
(25) dollars.
(b) Change
of location. A health care services agency shall not change the location where
a facility is operated until an Application for Registration to Operate a
Health Care Services Agency accompanied by a fee of $100 is filed with the
Office of Inspector General.
(c)
Change of ownership.
1. In accordance with KRS 216.720(4), if a controlling person changes, the health care services agency is
sold, or the management is transferred, the agency shall submit to the Office
of Inspector General a completed Application for Registration to Operate a
Health Care Services Agency accompanied by a fee of $3,000 no later than thirty
(30) calendar days from the effective date of the change.
2. A change of ownership shall be deemed to
occur if more than twenty-five (25) percent of an existing health care services
agency or capital stock or voting rights of the corporation is purchased,
leased, or otherwise acquired by one (1) person from another.
Section 4.
Scope of Operations.
(1) A health care
services agency shall meet all of the minimum requirements as established in
KRS 216.722(1)(a) through (f) relating to documentation, health and
qualifications of personnel, professional and general liability insurance, an
employee dishonesty bond, worker's compensation, and record
retention.
(2) A health care
services agency shall demonstrate compliance with:
(a)
KRS 216.724;
(b)
KRS 216.789; and
(c)
KRS 216.793.
Section 5. Quarterly Reports.
(1) In accordance with KRS 216.728, a health
care services agency shall submit quarterly reports to the cabinet on the
Quarterly Report form that includes the following information:
(a) The name, professional licensure or
certification, and assigned location for each temporary direct care
staff;
(b) The length of time the
temporary direct care staff person has been assigned to the assisted-living
community, long-term care facility, or hospital and the total hours worked;
and
(c) For all long-term care
facilities or hospitals that participate in the Medicare and Medicaid programs:
1. Copies of all invoices submitted to the
long-term care facility or hospital; and
2. Proof of payment by the long-term care
facility or hospital.
(2) The quarterly reports shall be submitted
to the cabinet for the preceding calendar quarter by February 1, May 1, August
1, and November 1 of each year.
Section 6. Complaints. In accordance with KRS 216.726, a complaint relating to a health care services agency or temporary
direct care staff may be made in accordance with the instructions provided in
the complaint information document available for download from the Office of
Inspector General's Web site:
https://chfs.ky.gov/agencies/os/oig/dhc/Pages/default.aspx.
Section 7. Denial, Expiration, Revocation,
and Fines.
(1) The cabinet shall deny an
Application for Registration to Operate a Health Care Services Agency if:
(a) The applicant or existing agency
knowingly misrepresents or submits false information on the
application;
(b) The applicant or
existing agency fails to provide the information and fee required by Section
3(1) of this administrative regulation;
(c) The applicant or existing agency fails to
comply with Section 4(1) of this administrative regulation; or
(d) A controlling person in the entity
applying for registration was a controlling person in a previously registered
health care services agency that had its registration revoked for noncompliance
during the five (5) year period immediately preceding the filing of the
application.
(2)
(a) In accordance with KRS 216.720(4), a
health care services agency's registration shall expire one (1) year from the
date of issuance.
(b) If the health
care services agency fails to renew its registration pursuant to Section 3(2)
of this administrative regulation:
1. Its
registration shall be cancelled effective one (1) day after the expiration
date;
2. The Office of Inspector
General shall document the agency's registration as inactive; and
3. The agency shall not continue to refer
staff to an assisted-living community, long-term care facility, or hospital in
Kentucky until its registration is renewed.
(3) Failure to comply with Section 4(1) of
this administrative regulation shall result in the penalties as established in
KRS 216.722(2).
(4) The cabinet
shall revoke registration:
(a) In accordance
with KRS 216.722(3); or
(b) If the
cabinet determines that there has been substantial failure by the health care
services agency to comply with the provisions of this administrative regulation
or KRS 216.718 - 216.728.
Section 8. Notice of Adverse Action.
(1) Except for a violation of KRS 216.722(3),
OIG shall provide written notice of adverse action at least thirty (30)
calendar days prior to the effective date of the denial or
revocation.
(2) The cabinet shall
immediately notify a health care services agency that its registration will be
revoked in fifteen (15) days if the cabinet determines an agency has knowingly
engaged in the conduct described in KRS 216.722(3).
(3) A notice of adverse action issued in
accordance with subsection (1) or (2) of this section shall:
(a) Explain the reason for the denial or
revocation, and monetary penalty if applicable;
(b) Advise the health care services agency of
the right to request an appeal prior to the effective date of the denial or
revocation, and monetary penalty if applicable; and
(c) Specify that the adverse action shall be
stayed if an appeal is requested.
Section 9. Closure of a Health Care Services
Agency. If a health care services agency closes voluntarily or as the result of
denial or revocation of the registration, the agency shall relinquish to the
cabinet its registration to operate as a health care services agency
immediately after the effective date of the closure.
Section 10. Appeals. A health care services
agency that submits a written request for appeal within thirty (30) calendar
days of the date the agency receives a notice of adverse action, including
revocation pursuant to KRS 216.722(3), shall be afforded a hearing in
accordance with KRS Chapter 13B.
Section
11. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Form OIG 1:210, "Application
for Registration to Operate a Health Care Services Agency", May 2023 edition;
and
(b) Form OIG 1:210-A,
"Quarterly Report", May 2023 edition.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of Inspector
General, 275 East Main Street, Frankfort, Kentucky 40621, Monday through
Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the Office of
Inspector General's Web site at:
https://chfs.ky.gov/agencies/os/oig/dhc/Pages/ltcapplications.aspx.
STATUTORY AUTHORITY: KRS 216.720(2),
216.728(2)