194A.707 Certification — Administrative regulations — Accreditation by other organizations — Fees — Compliance.
(1) The Cabinet for Health and Family Services shall establish by the promulgation of administrative regulation under KRS Chapter 13A, an initial and annual
certification review process for assisted-living communities. This administrative regulation shall establish procedures related to applying for, reviewing, and
approving, denying, or revoking certification, as well as the conduct of hearings upon appeals as governed by KRS Chapter 13B.
(2) An on-site visit of an assisted-living community shall be conducted by the cabinet:
(a) As part of the initial certification review process;
(b) On a biennial basis as part of the certification review process if during or since the previous certification review an assisted-living community has not
1. Any statement of danger, unless withdrawn by the cabinet; or
2. A finding substantiated by the cabinet that the assisted-living community delivered a health service; and
(c) Within one (1) year of the date of the previous certification review if during or since the last certification review an assisted-living community has received:
1. Any statement of danger that was not withdrawn by the cabinet; or
2. A finding substantiated by the cabinet that the assisted-living community
delivered a health service.
(3) No business shall market its service as an assisted-living community unless it has:
(a) Filed a current application for the business to be certified by the department as an assisted-living community; or
(b) Received certification by the department as an assisted-living community.
(4) No business that has been denied or had its certification revoked shall operate or market its service as an assisted-living community unless it has:
(a) Filed a current application for the business to be certified by the department as an assisted-living community; and
(b) Received certification as an assisted-living community from the department. Revocation of certification may be grounds for the department to not reissue
certification for one (1) year if ownership remains substantially the same.
(5) No business shall operate as an assisted-living community unless its owner or manager has:
(a) Filed a current application for the business to be certified as an assisted-living community by the department; and
(b) Received certification as an assisted-living community from the department.
(6) The department shall determine the feasibility of recognizing accreditation by other organizations in lieu of certification from the department.
(7) Individuals designated by the department to conduct certification reviews shall have the skills, training, experience, and ongoing education to perform certification
(8) Upon receipt of an application for certification, the department shall assess an assisted-living community certification fee in the amount of twenty dollars ($20)
per living unit that in the aggregate for each assisted-living community is no less than three hundred dollars ($300) and no more than one thousand six hundred
dollars ($1,600). The department shall submit to the Legislative Research Commission, by June 30 of each year, a breakdown of fees assessed and costs
incurred for conducting certification reviews.
(9) The department shall submit to the Legislative Research Commission and make available to any interested person at no charge, by June 30 of each year, in summary
format, all findings from certification reviews conducted during the prior twelve (12) months.
(10) Notwithstanding any provision of law to the contrary, the department may request any additional information from an assisted-living community or conduct additional
on-site visits to ensure compliance with the provisions of KRS 194A.700 to 194A.729.
(11) Failure to follow an assisted-living community’s policies, practices, and procedures shall not result in a finding of noncompliance unless the assisted-living community
is out of compliance with a related requirement under KRS 194A.700 to 194A.729.