Title 910 | Chapter 001 | Regulation 241REG
PROPOSED
This document is not yet current.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Aging and Independent Living
Division of Operations and Support
(New Administrative Regulation)
910 KAR 1:241.Repeal of 910 KAR 1:240.
Section 1.
910 KAR 1:240, Certification of assisted living communities, is hereby repealed.VICTORIA ELRIDGE, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 18, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, 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 December 16, 2024, 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 December 31, 2024. 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: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Phyllis Sosa and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This repealer administrative regulation repeals 910 KAR 1:240.
(b) The necessity of this administrative regulation:
This repealer administrative regulation repeals 910 KAR 1:240. The requirements contained in 910 KAR 1:240 are no longer needed due to assisted living communities being established as licensed long-term care facilities under 902 KAR 20:480 Assisted living communities.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This repealer regulation conforms to the content of the authorizing statutes by repealing the obsolete administrative regulation since the establishment of assisted living facilities as licensed health care facilities under KRS 194A.707(1).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the administration of the statutes by removing current administrative regulations that are no longer viable due to the establishment of assisted living communities as licensed health care under KAR 194A.707(1).
(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:
This repealer administrative regulation repeals 910 KAR 1:240.
(b) The necessity of the amendment to this administrative regulation:
This is a repealer administrative regulation to repeal 910 KAR 1:240 due to the amendment of 194A.707(1) making assisted living communities licensed health care facilities and the regulatory authority for licensure is under 902 KAR 20.480.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a repealer regulation conforms to the content of the authorizing statutes by repealing the obsolete administrative regulation since the establishment of assisted living facilities as licensed health care facilities under KRS 194A.707(1).
(d) How the amendment will assist in the effective administration of the statutes:
The repealer will assist in the effective administration of the statutes through repealing administrative regulations that are no longer necessary or authorized due to 194A.707(1) authorization of assisted living communities as licensed health care facilities.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This repealer administrative regulation does not affect any individuals, businesses, organizations, or state and local governments. All assisted living communities have already transitioned to the regulatory authority under 902 KAR 20:480.
(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:
There will be no new action required on the part of regulated entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The repeal of this administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The repeal of this administrative regulation eliminates the obsolete certification requirements for assisted living communities which are not licensed health care facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial cost to implement this repealer administrative regulation.
(b) On a continuing basis:
There will be no continual cost to implement this repealer administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no source of funding for this repealer 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:
There are no fees in the administration of this repealer administrative regulation. No funding increase is necessary to implement this repealer administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this repealer administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied, because this repealer administrative regulation will be implemented in a like manner statewide.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 194A.707(1), (9).
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department for Aging and Independent Living
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No change is expected
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no local entities effected
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There is no change in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no additional regulated entities affected by this amended regulation.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There are no changes expected in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
There are no entities operating under the authority of 910 KAR 1:240.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This repealer administrative regulation will not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
There are no entities operating under the authority of 910 KAR 1:240.
CABINET FOR HEALTH AND FAMILY SERVICES
Department for Aging and Independent Living
Division of Operations and Support
(New Administrative Regulation)
910 KAR 1:241.Repeal of 910 KAR 1:240.
Section 1.
910 KAR 1:240, Certification of assisted living communities, is hereby repealed.VICTORIA ELRIDGE, Commissioner
ERIC C. FRIEDLANDER, Secretary
APPROVED BY AGENCY: September 18, 2024
FILED WITH LRC: October 9, 2024 at 1:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall, if requested, be held on December 23, 2024, 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 December 16, 2024, 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 December 31, 2024. 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: 502-564-7476; Fax: 502-564-7091; CHFSregs@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Phyllis Sosa and Krista Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This repealer administrative regulation repeals 910 KAR 1:240.
(b) The necessity of this administrative regulation:
This repealer administrative regulation repeals 910 KAR 1:240. The requirements contained in 910 KAR 1:240 are no longer needed due to assisted living communities being established as licensed long-term care facilities under 902 KAR 20:480 Assisted living communities.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This repealer regulation conforms to the content of the authorizing statutes by repealing the obsolete administrative regulation since the establishment of assisted living facilities as licensed health care facilities under KRS 194A.707(1).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the administration of the statutes by removing current administrative regulations that are no longer viable due to the establishment of assisted living communities as licensed health care under KAR 194A.707(1).
(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:
This repealer administrative regulation repeals 910 KAR 1:240.
(b) The necessity of the amendment to this administrative regulation:
This is a repealer administrative regulation to repeal 910 KAR 1:240 due to the amendment of 194A.707(1) making assisted living communities licensed health care facilities and the regulatory authority for licensure is under 902 KAR 20.480.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a repealer regulation conforms to the content of the authorizing statutes by repealing the obsolete administrative regulation since the establishment of assisted living facilities as licensed health care facilities under KRS 194A.707(1).
(d) How the amendment will assist in the effective administration of the statutes:
The repealer will assist in the effective administration of the statutes through repealing administrative regulations that are no longer necessary or authorized due to 194A.707(1) authorization of assisted living communities as licensed health care facilities.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This repealer administrative regulation does not affect any individuals, businesses, organizations, or state and local governments. All assisted living communities have already transitioned to the regulatory authority under 902 KAR 20:480.
(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:
There will be no new action required on the part of regulated entities.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The repeal of this administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The repeal of this administrative regulation eliminates the obsolete certification requirements for assisted living communities which are not licensed health care facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial cost to implement this repealer administrative regulation.
(b) On a continuing basis:
There will be no continual cost to implement this repealer administrative regulation.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no source of funding for this repealer 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:
There are no fees in the administration of this repealer administrative regulation. No funding increase is necessary to implement this repealer administrative regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
There are no fees associated with this repealer administrative regulation.
(9) TIERING: Is tiering applied?
Tiering is not applied, because this repealer administrative regulation will be implemented in a like manner statewide.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 194A.050(1), 194A.707(1), (9).
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Department for Aging and Independent Living
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
No change is expected
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
There are no local entities effected
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There is no change in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no additional regulated entities affected by this amended regulation.
(a) Estimate the following for the first year:
Expenditures:
None
Revenues:
None
Cost Savings:
None
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There are no changes expected in subsequent years.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
There are no entities operating under the authority of 910 KAR 1:240.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This repealer administrative regulation will not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
There are no entities operating under the authority of 910 KAR 1:240.