State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=KYHB72009
Last Action:
01/08/2009 In House; to Health & Welfare
Primary Synopsis:
Amend sections of KRS Chapter 216A to replace the term “nursing home” with the term “long-term care facility”; amend KRS 216A.010 to define long-term care facility, long-term care facility administrator, board, resident, and cabinet; amend KRS 216A.060 to increase compensation for board members to $150 from $50; amend KRS 216A.070 to list possible disciplinary actions including a fine not to exceed $2,000; amend KRS 216A.080 to remove age requirement and update language related to citizenship; amend KRS 216A.090 to require license renewal each odd-numbered year on or before July 1, beginning July 1, 2011; amend KRS 216A.130 to permit endorsement of an out-of-state long-term care facility administrator license for reciprocal states; amend KRS 216A.140 to update appeal citation; amend KRS 216A.990 to include misdemeanor violations in the penalty section; repeal KRS 216A.045, 216A.100, 216A.120, 216A.150.
Additional Bill Information:
January 6, 2009 Introduced Language-
As used in this chapter:
(1) “LONG-TERM CARE FACILITY” MEANS A HEALTH-CARE FACILITY IN THE COMMONWEALTH WHICH IS DEFINED BY THE CABINET FOR HEALTH AND FAMILY SERVICES TO BE A FAMILY-CARE HOME, PERSONAL-CARE HOME, INTERMEDIATE-CARE FACILITY, SKILLED-NURSING FACILITY, NURSING FACILITY AS DEFINED IN PUB. L. 100-203, NURSING HOME, AND INTERMEDIATE-CARE FACILITY FOR THE MENTALLY RETARDED AND DEVELOPMENTALLY DISABLED The term “nursing home” means a place devoted primarily to the maintenance and operation of facilities for the treatment and care of persons who suffer from illness, disease, deformity or injury not requiring the intensive care normally provided in a hospital, but who do require care in excess of room, board and laundry and who need medical and nursing care.
(2) “LONG-TERM CARE FACILITY The term “nursing home administrator” means any individual responsible for planning, organizing, directing, and controlling the operation of a l ONG-TERM CARE FACILITY nursing home, or who in fact performs such functions, whether or not such functions are shared by one or more other persons.
(3) The term “Board” means the Kentucky Board of Licensure for “LONG-TERM CARE FACILITY Nursing Home Administrators.
(4) “RESIDENT” MEANS ANY PERSON WHO IS ADMITTED TO A LONG-TERM CARE FACILITY.
(5) “CABINET” MEANS THE CABINET FOR HEALTH AND FAMILY SERVICES.
Section 2. KRS 216A.020 is amended to read as follows:
This chapter may be cited as the “Kentucky LONG-TERM CARE FACILITY Nursing Home Administrators Licensure Act of 1970.”
Section 3. KRS 216A.030 is amended to read as follows:
No LICENSED LONG-TERM CARE FACILITY nursing home shall operate except under the DIRECT, FILL-TIME supervision of a l ONG-TERM CARE FACILITY nursing home administrator, and no person shall be a LONG-TERM CARE FACILITY nursing home administrator unless he OR SHE is the holder of a LONG-TERM CARE FACILITY nursing home administrator’s license issued pursuant to this chapter.
Section 4. KRS 216A.040 is amended to read as follows:
There shall be a Kentucky Board of Licensure for LONG-TERM CARE FACILITY Nursing Home Administrators located within the Finance and Administration Cabinet for administrative and budgetary purposes. The board shall be composed of ten (10) members. The secretary of the Cabinet for Health and Family Services OR HIS OR HER DESIGNEE shall be an ex officio member of the board. The other members of the board shall be appointed by the Governor. One (1) member shall be a practicing hospital administrator, to be appointed from a list of two (2) names submitted by the Kentucky Hospital Association. One (1) member shall be a practicing medical physician, to be appointed from a list of two (2) names submitted by the Kentucky State Medical Association. One (1) member shall be an educator in the field of allied health services. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. One (1) member shall be a practicing LONG-TERM CARE FACILITY nursing-home administrator appointed from a list of two (2) names submitted by the Kentucky Association of Nonprofit Homes and Services for the Aging, Inc. The other four (4) members shall be practicing LONG-TERM CARE FACILITY nursing-home administrators appointed from a list of two (2) names for each vacancy submitted by the Kentucky Association of Health Care Facilities and duly licensed under this chapter , except that such members of the initial board shall be required only to possess the qualifications and be eligible for licensure as required in this chapter.
Section 5. KRS 216A.060 is amended to read as follows:
(1) The board shall elect annually from its membership a chairman and vice chairman. The board shall hold two (2) or more meetings each year. At any meeting a majority shall constitute a quorum. The board may procure specialized consultation through the formation of such technical advisory committees as it may deem necessary in the execution of its responsibilities.
(2) Members of the board shall receive per diem compensation to be established by the secretary of the Finance and Administration Cabinet. This compensation shall not exceed ONE HUNDRED fifty dollars ($ 150) ($ 50) per day. Members shall be reimbursed for actual and necessary expenses.
Section 6. KRS 216A.070 is amended to read as follows:
(1) The board shall:
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a LONG-TERM CARE FACILITY nursing home administrator, which standards shall be designed to insure that LONG-TERM CARE FACILITY nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as LONG-TERM CARE FACILITY nursing home administrators;
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards;
(c) Issue licenses to individuals determined, after application of appropriate techniques, to meet established standards , and revoke or suspend, after hearing, licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of the standards;
(d) Establish and carry out procedures designed to insure that individuals licensed as LONG-TERM CARE FACILITY nursing home administrators will, during any period that they serve as such, comply with the requirements of the standards;
(e) ESTABLISH PROCEDURES FOR RECEIVING, INVESTIGATING, AND RESOLVING COMPLAINTS AGAINST A HOLDER OF A LONG-TERM CARE FACILITY ADMINISTRATOR LICENSE; Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and
(f) AFTER AN ADMINISTRATIVE HEARING CONDUCTED IN ACCORDANCE WITH KRS CHAPTER 13B, TAKE COMMENSURATE DISCIPLINARY ACTION INCLUDING:
1. PERMANENT LICENSE REVOCATION, SUSPENSION, OR RESTRICTION;
2. PROBATION WITH TERMS AND CONDITIONS;
3. ISSUANCE OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($ 2,000) PER VIOLATION; OR
4. PRIVATE ADMONISHMENT OF THE LICENSEE THAT SHALL BE EXEMPT FROM DISCLOSURE AND SHALL NOT COUNT AS A DISCIPLINARY ACTION AGAINST THE LICENSEE Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such. …
Status:
01/06/2009 Introduced in House
01/08/2009 In House; to Health & Welfare
Sponsor Information:
Thomas J. Burch (D – Majority);
Committees: Joint Br Sub. on Human Resources (Non Voting ex officio); Joint Families and Children (Co-Chair); House Br Sub. on Human Resources (Non Voting ex officio); Joint Health and Welfare (Co-Chair); Joint Seniors, Veterans, Military Affairs, and Public Protection; Joint Licensing and Occupations; House Seniors, Military Affairs, and Public Safety; House Licensing and Occupations; House Health and Welfare (Chair); Serving Since 1972
Sponsor:
Burch
