Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS Chapter 209, 209A.020(6), 403.720(2),
42 U.S.C.
1397
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
Secretary of the Cabinet for Health and Family Services to adopt all
administrative regulations necessary under applicable state laws to protect,
develop, and maintain the health, personal dignity, integrity, and sufficiency
of the individual citizens of the Commonwealth and necessary to operate the
programs and fulfill the responsibilities vested in the cabinet.
KRS
209.035 requires the Cabinet for Health and
Family Services to promulgate administrative regulations to establish criteria
for general adult services. This administrative regulation establishes general
adult services to the extent funds are available.
Section 1. Definitions.
(1) "Abuse" is defined by
KRS
209.020(8).
(2) "Adult" is defined by
KRS
209.020(4).
(3) "Alternate care" means a level of care
licensed by the cabinet as follows:
(a)
Family care home in accordance with
902 KAR
20:041;
(b) Intermediate care facility in accordance
with
902 KAR
20:051;
(c) Intermediate care facility for
individuals with an intellectual disability as defined by
907
KAR 1:022;
(d) Nursing facility as defined by
907
KAR 1:022;
(e) Personal care home as defined by
KRS
216.750(2); and
(f) Skilled nursing facility as defined by
907
KAR 1:022 as "high intensity nursing care
service".
(4) "Cabinet"
is defined by
KRS
209.020(2).
(5) "Caretaker" is defined by
KRS
209.020(6).
(6) "Exploitation" is defined by
KRS
209.020(9).
(7) "Family member" is defined by
KRS
403.720(2).
(8) "General adult services" means a
voluntary preventive service aimed at:
(a)
Assisting an adult to attain and function at the adult's highest level of
self-sufficiency and autonomy; and
(b) Maintaining the adult in the
community.
(9) "Neglect"
is defined by
KRS
209.020(16).
Section 2. Criteria for Intake and
Assessment.
(1) If a cabinet worker and the
adult agree, an individual eighteen (18) years of age or older shall be
eligible for general adult services if the individual:
(a) Is:
1.
Mentally or physically dysfunctional and not in an abuse, neglect, or
exploitation situation; and
2.
Requesting the service or has directed the request for the service through
another individual or agency;
(b) Is a victim as defined by
KRS
209A.020(6); or
(c) Requests a transitioning service from
out-of-home care within twelve (12) months of release from the cabinet's
commitment.
(2) An
individual sixty-five (65) years of age or older shall be eligible for general
adult services if the individual is:
(a) Not
mentally or physically dysfunctional; and
(b) Allegedly being abused, neglected, or
exploited by a:
1. Family member;
2. Household member; or
3. Caretaker.
Section 3. Time Frame. An adult
services assessment shall be:
(1) Initiated
within three (3) working days of receipt of the request for services;
and
(2) Completed within forty-five
(45) working days of initiation unless an extension is granted by the
designated cabinet staff in a supervisory role for good cause, such as
workload, pending records or collateral contact, or necessary medical
evaluation.
Section 4.
Service Provision. Appropriate and necessary service provision shall include:
(1) Information and referral;
(2) Assessment; and
(3) Supportive and on-going services that, if
required by the circumstances, include:
(a)
Services focusing on prevention;
(b) Social work counseling;
(c) Arranging transportation; or
(d) Placement and movement in accordance with
Section 5 of this administrative regulation.
Section 5. Placement and Movement.
(1) Except under a condition pursuant to KRS
Chapter 209 or 922 KAR 5:070, the cabinet shall respond to a request for
placement and movement service, but shall not make the decision to place or
move an adult.
(2) A cabinet worker
shall assist an adult in locating and assisting in placement and movement, if:
(a) The request for placement and movement
service was made by one (1) of the following:
1. The adult in need of services;
2. The guardian of the adult in need of
services;
3. The holder of a
durable power of attorney for the adult in need of services;
4. The facility in which the adult in need of
services is being treated if no other person is available and willing to
assist;
5. Another state agency;
or
6. A Court order;
(b) The adult in need of services
has not been adjudicated mentally disabled;
(c) The adult in need of services agrees to
the placement and movement service; and
(d) All other options have been explored and
rejected.
(3) A cabinet
worker shall:
(a) Assist a Medicaid recipient
in locating placement or assistance in placement and movement; and
(b) Consider every available community
resource that may assist the adult to remain at home or return home during the
placement and movement process.
(4) A request for a placement and movement
service may result from a:
(a) Protective
services investigation in accordance with 922 KAR 5:070;
(b) Change in level of care;
(c) Normal movement into or out of an
alternate care facility;
(d)
Dissatisfaction of a resident; or
(e) Closure of an alternate care
facility.
Section
6. Tracking information on general adult services shall be
maintained by the cabinet for administrative purposes.
26 Ky.R. 1327; Am.
1579; eff. 2-1-2000; TAm eff 10-29-2004; 44 Ky.R. 830, 1361; eff.
1-5-2018.
STATUTORY AUTHORITY:
KRS
194A.050(1),
209.035
