Title 900 | Chapter 014 | Regulation 010


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900 KAR 14:010.Essential personal care visitor programs; visitation guidelines.

Section 1.

Definitions.

(1)

"Essential personal care visitor" means a family member, legal guardian, outside caregiver, friend, or volunteer who:

(a)

Is eighteen (18) years of age or older;

(b)

May have provided regular care and support to a resident prior to any restrictions on visitation;

(c)

Is designated as being important to the mental, physical, or social well-being of the resident; and

(d)

Meets an essential need of the resident, including companionship, assisting with personal care, or positively influencing the behavior of the resident.

(2)

"Facility" means a:

(a)

Health facility as defined by KRS 216.505(1)(a); or

(b)

Psychiatric residential treatment facility as defined by KRS 216.505(1)(d).

(3)

"Health service" is defined by KRS 216.505(1)(b).

(4)

"Medicaid waiver service" is defined by KRS 216.505(1)(c).

(5)

"Personal care" means assisting a resident with essential everyday activities, which may include grooming, dressing, and eating.

(6)

"Resident" means an individual who:

(a)

Resides in a health facility, including a psychiatric residential treatment facility; or

(b)

Receives health services or Medicaid waiver services.

Section 2.

Essential personal care visitation.

(1)

A facility, health service, or Medicaid waiver service shall:

(a)

Allow essential personal care visitation as an exception from any prohibition against general visitation;

(b)

Establish policies and procedures for the designation of at least one (1) essential personal care visitor, including a process for changing the designated essential personal care visitor; and

(c)

In accordance with KRS 216.505(3)(h), not be required to permit an in-person visitor at all times.

(2)

Designation of an essential personal care visitor shall be made in consultation with, and upon agreement by the:

(a)

Resident; and

(b)

Resident's representative, if applicable.

(3)

A facility, health service, or Medicaid waiver service may require a written agreement with an essential personal care visitor.

(4)

A facility, health service, or Medicaid waiver service may limit the total number of visitors permitted in the facility or service at any one (1) time.

(5)

A facility, health service, or Medicaid waiver service may limit visitation by an essential personal care visitor to the resident or residents he or she is approved to visit.

(6)

An essential personal care visitor who enters a facility, health service, or Medicaid waiver service during a period when general visitation is limited or prohibited shall:

(a)

Assume the risk of contracting a communicable disease;

(b)

Limit visitation to the resident's room or a facility-designated room within the building;

(c)

Limit his or her movement within the facility;

(d)

Follow the facility's safety protocols; and

(e)

Inform the facility if he or she develops symptoms of a communicable disease within fourteen (14) days of the visit.

(7)

If the resident has a roommate, an essential personal care visitor shall:

(a)

Not enter the resident's room if the roommate is there unless the roommate agrees in advance; and

(b)

Be prohibited from staying in the room for more than fifteen (15) minutes unless otherwise approved by the roommate or roommate's representative.

(8)

An essential personal care visitor shall follow the same safety protocols required for facility, health service, or Medicaid waiver service staff, which may include one (1) or more of the following:

(a)

Testing for a communicable disease, which may be the responsibility of the essential personal care visitor. If testing is provided by the facility, health service, or Medicaid waiver service, essential personal care visitors shall be tested on the same schedule as staff;

(b)

Health screens, including screening for signs and symptoms of a communicable disease and denial of entry of any individual with signs and symptoms;

(c)

Using appropriate personal protective equipment (PPE);

(d)

Washing or sanitizing hands regularly;

(e)

Maintaining a distance of six (6) feet from staff and other residents at all times. Social distancing from the resident receiving an essential personal care visit may be relaxed for a short period of time under certain circumstances, e.g., providing assistance with a personal care activity; and

(f)

Adhering to any other requirement the facility, health service, or Medicaid waiver service deems appropriate in accordance with guidance from the Centers for Disease Control and Prevention (CDC).

(9)

During a period when general visitation is limited or prohibited, a facility, health service, or Medicaid waiver service shall:

(a)

Be responsible for verifying and tracking the testing status of each essential personal care visitor if the facility or service requires testing as a safety protocol;

(b)

Schedule essential personal care visits in advance or in accordance with a written agreement;

(c)

Consider the number of other essential visitors who will be in the building at the same time when developing a visitation schedule;

(d)

Establish limitations on the visitation frequency and length of the visits to keep staff and residents safe;

(e)

Sanitize the area's high-frequency touched surfaces after the visit; and

(f)

Continue to provide all required services and activities to a resident while an essential personal care visitor is with the resident.

Section 3.

Training.

(1)

If required by the facility's or service's written policies and procedures, each essential personal care visitor shall complete facility-designated training that includes basic information on infection prevention and control.

(2)

A facility or service may post signage throughout the building that demonstrate key instructions to reinforce safe practices.

HISTORY: (36 Ky.R. 239; Am. 626; 808; eff. 10-28-2009; 38 Ky.R. 339; 1007; 1140; eff. 12-7-2011; 39 Ky.R. 857; 1467; 1695; eff. 3-8-2013; 42 Ky.R. 546; 1781; eff. 12-16-2015; 45 Ky.R. 1427, 2395; eff. 5-31-2019; 46 Ky.R. 2332; eff. 7-29-2020; 48 Ky.R. 2662; 49 Ky.R. 2662; eff. 8-25-2022; 49 Ky.R. 2164; eff. 9-27-2023.)

ADAM MATHER, Inspector General
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: March 24, 2023
FILED WITH LRC: March 29, 2023 at 8:00 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on June 26, 2023, at 9:00 a.m. using the CHFS Office of Legislative and Regulatory Affairs Zoom meeting room. The Zoom invitation will be emailed to each requestor the week prior to the scheduled hearing. Individuals interested in attending this virtual hearing shall notify this agency in writing by June 19, 2023, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who attends virtually will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation until June 30, 2023. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to the contact person. Pursuant to KRS 13A.280(8), copies of the statement of consideration and, if applicable, the amended after comments version of the administrative regulation shall be made available upon request.
CONTACT PERSON: Krista Quarles, Policy Analyst, Office of Legislative and Regulatory Affairs, 275 East Main Street 5 W-A, Frankfort, Kentucky 40621; phone 502-564-6746; fax 502-564-7091; email CHFSregs@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Krista Quarles, Policy Analyst
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes guidelines for the implementation of essential personal care visitor programs in health facilities, health services, Medicaid waiver services, and psychiatric residential treatment facilities during a period when general visitation is limited or prohibited.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to comply with the passage of SB 43 during the 2023 Regular Session of the General Assembly.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of SB 43 by establishing guidelines for the implementation of essential personal care visitor programs in health facilities, health services, Medicaid waiver services, and psychiatric residential treatment facilities.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing guidelines for implementation of essential personal care visitor programs in health facilities, health services, Medicaid waiver services, and psychiatric residential treatment facilities during a period when general visitation is limited or prohibited.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
In accordance with SB 43, this amendment replaces the reference to "an assisted living community, long-term care facility, or state-owned or operated mental or psychiatric hospital" with "a health facility, health service, Medicaid waiver service, or psychiatric residential treatment facility", thereby increasing the number of facilities and programs required to implement essential personal care visitor programs during a period when general visitation is limited or prohibited.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to comply with the passage of SB 43 during the 2023 Regular Session of the General Assembly.
(c) How the amendment conforms to the content of the authorizing statutes:
This amendment conforms to the content of KRS 216.505.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment assists in the effective administration of the statutes by establishing guidelines for implementation of essential personal care visitor programs.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This administrative regulation affects all licensed health facilities, including psychiatric residential treatment facilities, health services, and Medicaid waiver services. The Office of Inspector General regulates approximately 7,500 licensees. In addition, there are 2,261 Medicaid waiver service providers.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
In accordance with the requirements of SB 43 and this administrative regulation, an individual designated as an essential personal care visitor shall be exempt from any prohibition on general visitation in a health facility, health service, Medicaid waiver service, or psychiatric residential treatment facility.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will not be significant costs to facilities or services to implement essential personal care visitor programs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Essential personal care visitor programs are intended to help enhance the well-being and quality of life of Kentuckians in health facilities and other programs.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There are no additional costs to the Cabinet for Health and Family Services for implementation of this administrative regulation.
(b) On a continuing basis:
There are no additional costs to the Cabinet for Health and Family Services for implementation of this administrative regulation on a continuing basis.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
State general funds and agency monies are used to implement and enforce this administrative regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is necessary to implement this amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This amendment does not establish or increase any fees.
(9) TIERING: Is tiering applied?
Tiering is not applicable as compliance with this administrative regulation applies equally to all entities regulated by it.

FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
This administrative regulation impacts health facilities, health services, Medicaid waiver services, psychiatric residential treatment facilities, and the Cabinet for Health and Family Services.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
SB 43 from the 2023 Regular Session of the General Assembly.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not generate revenue for state or local government.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate revenue for state or local government for subsequent years.
(c) How much will it cost to administer this program for the first year?
This administrative regulation imposes no additional costs on the administrative body.
(d) How much will it cost to administer this program for subsequent years?
No additional costs will be incurred to implement this administrative regulation on a continuing basis.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation will not generate cost savings for regulated entities during the first year.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation will not generate cost savings for regulated entities during subsequent years.
(c) How much will it cost the regulated entities for the first year?
This administrative regulation will not impose additional costs on regulated entities.
(d) How much will it cost the regulated entities for subsequent years?
This administrative regulation will not impose additional costs on regulated entities.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This amendment will not have a major economic impact on the regulated entities.

7-Year Expiration: 9/27/2030

Last Updated: 10/19/2023


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