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HB 148/FN (BR 881) - R. Damron, S. Westrom, J. Adams, W. Allen, B. Ausmus, III, E. Ballard, J. Barrows, C. Belcher, L. Belcher, J. Bowling, I. Branham, K. Bratcher, T. Burch, J. Callahan, M. Cherry, L. Clark, P. Clark, J. Coleman, H. Collins, B. Colter, R. Crimm, B. DeWeese, T. Feeley, C. Geveden, G. Graham, J. Gray, J. Haydon, B. Heleringer, C. Hoffman, J. Lee, M. Marzian, T. McKee, F. Nesler, R. Palmer, J. Reinhardt, J. Richards, S. Riggs, T. Riner, C. Siler, A. Simpson, K. Stein, J. Stewart, G. Stumbo, G. Tapp, J. Thompson, M. Weaver, R. Webb, R. Wilkey, P. Worthington, B. Yonts
AN ACT relating to assisted living communities.
Create new sections of 209 to require certification of assisted living communities by the Office of Aging Services; specify physical requirements of the community; identify required services; permit clients to contract or arrange for additional services to be provided by individuals outside the assisted living community, if permitted by the community's policies; require an assisted living community to inform clients regarding policies relating to contracting or arranging for additional services upon entering into a lease agreement; prohibit any business from operating or marketing its services as an assisted living facility without having a current application for certification on file or receiving certification; require the Office of Aging Services to determine the feasibility of recognizing accreditation by other organizations in lieu of certification; require personnel that conduct certification reviews to have the skills, training, experience, and ongoing education to perform certification reviews; require the Office of Aging Services to report any alleged or actual cases of health services being delivered by the staff of an assisted living community; require staff to report abuse, neglect, or exploitation; identify client criteria; establish the required content of the lease agreement and disclosure; require an assisted living community to provide consumer education materials to the public or refer the request for information to the Office of Aging Services; establish staffing requirements; establish orientation and inservice education requirements for employees; require any assisted living constructed with funding from the Kentucky Housing Corporation to comply with all federal housing laws and regulations; establish penalties for operating or marketing as an assisted living community without having a current application on file or being certified; amend KRS 216.793 to require a criminal record check for initial employment in an assisted living facility; repeal KRS 209.200.
HB 148 - AMENDMENTS
HCS - Retain original provisions; delete biennial certification process; require an initial and annual certification review with an on-site visit for assisted living communities; require the Office of Aging Services to promulgate an administrative regulation to establish procedures related to applying for, reviewing, approving, denying, or revoking certification, as well as to the conduct of hearings upon appeals; authorize the cabinet to assess a certification review fee of twenty dollars ($20) per living unit that in the aggregate is no less than three hundred dollars ($300) and no more than one thousand dollars ($1,000); authorize the office to request any additional information or conduct any additional on-site visits; require grievance policies to address confidentiality of complaints and the process for resolving grievances; exempt religions orders from certification requirements; prohibit businesses that do not provide assistance with activities of daily living or assistance with self-administration of medications from certification; require the office to provide written correspondence to any lender, upon request, to denote whether the architectural drawings and lease agreement conditionally met certification requirements; permit the office to charge a fee of no more than two hundred fifty dollars ($250) for the written correspondence to the lender; amend KRS 216.785 to define "assisted living community"; and make technical changes.
HFA (1, R. Damron) - Retain original provisions; increase the square footage requirements to two hundred (200) square feet; permit the living unit to include more than one unfurnished room; authorize the cabinet to assess a certification up to one thousand six hundred dollars ($1,600); require the Office of Aging Services to submit a yearly breakdown of fees assessed and costs incurred for conducting reviews; exempt assisted living communities open or under construction on or before the effective date of this Act from the requirement that each living unit be at least two hundred (200) square feet.
HFA (2, R. Damron) - Retain original provisions; increase the square footage requirements to two hundred (200) square feet; permit the living unit to include more than one unfurnished room; authorize the cabinet to assess a certification up to one thousand six hundred dollars ($1,600); require the Office of Aging Services to submit a yearly breakdown of fees assessed and costs incurred for conducting reviews; require assisted living communities to share information from the office regarding alternative living arrangements upon the client moving out; require the lease agreement to contain provisions requiring the assisted living community to share information provided by the office regarding options for alternative living arrangements upon the client moving out if the client notifies the assisted living community in writing of impending move-out due to client nonpayment; and exempt assisted living communities open or under construction on or before the effective date of this Act from the requirement that each living unit be at least two hundred (200) square feet.
HFA (3, T. Burch) - Retain original provisions; require assisted living communities to assist clients upon a move-out notice to secure appropriate living arrangements and to provide information on alternative living arrangements provided by the Office of Aging Services; prohibit an assisted living community from moving a client out prior to appropriate living arrangements being made; and require the lease agreement to contain provisions for assuring that clients that are given a move-out notice have appropriate living arrangements prior to being required to move out.
HFA (4, T. Burch) - Retain original provisions; require assisted living communities to assist clients upon a move-out notice to find appropriate living arrangements and to provide information on alternative living arrangements provided by the Office of Aging Services; and require the lease agreement to contain provisions for assisting any client that has received a move-out notice to find appropriate living arrangements prior to the actual move-out date.
(Prefiled by the sponsor(s))
Jan 4-introduced in House; to Seniors, Military Affairs and Public Safety (H)
Jan 28-posted in committee
Feb 2-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 3-2nd reading, to Rules
Feb 4-floor amendments (1) (2) and (3) filed to Committee Substitute
Feb 7-posted for passage in the Regular Orders of the Day for Tuesday, February 8, 2000; floor amendment (4) filed to Committee Substitute
Feb 17-3rd reading, passed 92-4 with Committee Substitute, floor amendments (1) and (4)
Feb 18-received in Senate
Feb 23-to Health and Welfare (S)
Mar 1-reported favorably, 1st reading, to Calendar
Mar 2-2nd reading, to Rules
Mar 3-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2000
Mar 7-3rd reading, passed 34-3
Mar 8-received in House; enrolled, signed by each presiding officer, delivered to Governor
Mar 20-signed by Governor (Acts ch. 141)
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