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Serves 4 or more residents.

Ky. Rev. Stat. Ann. §§ 216-510 to -593. Health Facilities & Services — Long Term Care Facilities.

Ky. Rev. Stat. Ann. §§ 216-610 to –780. Health Facilities & Services — Housing for the Elderly.

900 Ky. Admin. Regs. § 2:050 (not published).

900 Ky. Admin. Regs. §§ 20:008, :031, :036, :041 (not published). Department of Health Services.

Does the state regulate the operation of assisted living facilities? Yes, by statute.

No. No.

Voluntary certification for assisted living residences.

Does the statute include a statement of philosophy of assisted living? No.

Does the state restrict who can be admitted? Yes, by regulation.

C

LASSIFICATION

A

UTHORITY STATUTE REGULATION

O

VERSIGHT

A

GENCY LICENSURE REGISTRATION CERTIFICATION PHILOSOPHY

A

DMISSION

C

RITERIA

HEALTH/MENTALHEALTH

A. CHRONICHEALTH CONDITION: No.

B. COMMUNICABLE, CONTAGIOUS, ORINFECTIOUSDISEASE: Yes.

Has a communicable disease.

C. ALCOHOL/DRUG ADDICTIONOR MENTALILLNESS: No. D. COGNITIVE IMPAIRMENT: No.

E. MEDICAL ORNURSING CARE: No.

FUNCTIONAL ABILITY

F. UNABLE TO DIRECT SELF CARE: Yes.

Non-ambulatory or cannot manage most activities of daily living.

G. INCONTINENT: No. H. BEDFAST: No.

BEHAVIORAL/SOCIAL

I. DANGER TO SELF OR OTHERS: No.

J. PHYSICAL/CHEMICALRESTRAINTS ORCONFINEMENT: No.

NEEDS EXCEED FACILITY LICENSURE: No.

OTHER

K. DIETARY, RELIGIOUS, OR CULTURALREGIMEN: No. L. COURTDETERMINED INCOMPETENCE: No.

M. OTHER ADDITIONAL: No.

Does the state require a resident council or similar for resident involvement? No.

Does the statute include a resident bill of rights? Yes, by statute.

FREEDOM

A. FREEDOMOF CHOICE: Yes.

The right to

• Choice of a physician.

• Be fully informed of resident’s medical condition.

B. FREEDOMFROM ABUSE & RESTRAINTS: Yes.

The right to

• Be free from mental/physical abuse and chemical/physical restraints, except in emergencies or by physician justification.

• Not be detained against resident’s will.

RESTRICTIONS

R

ESIDENT

P

ARTICIPATION

R

ESIDENT

B

ILL OF

R

IGHTS ENUMERATED RIGHTS

STATE SUMMARIES

Kentucky

PRIVACY/CONFIDENTIALITY

C. PRIVACY: Yes.

The right to

• Privacy during spouse visits.

• Associate and communicate privately with person of resident’s choice. • At least visual privacy in multi-bed rooms and in tub, shower, and toilet rooms.

D. CONFIDENTIALITY: No.

GRIEVANCE

E. GRIEVANCE: Yes.

The right to voice grievances and recommend changes free from restraint, interference, coercion, discrimination, or reprisal.

OTHER

F. ACCOMMODATION OFINDIVIDUAL NEEDS: Yes.

The right to

• Be transferred/discharged only for medical, welfare, or nonpayment reasons and then only with reasonable notice.

• Be encouraged and assisted to exercise rights as resident and citizen.

• Be treated with consideration, respect, and full recognition of dignity and individuality. • Be suitably dressed at all times.

• Not be required to perform services for the facility.

G. PARTICIPATIONIN GROUPS AND OTHERACTIVITIES: Yes.

The right to participate in activities of social, religious, and community groups.

H. EXAMINATION OFSURVEY AND INSPECTION RESULTS: Yes.

The right to access all inspection reports on the facility.

I. ACCESS AND VISITATION: Yes.

The right to

• Share a room with spouse (if spouse is also a resident and requires the same level of care).

• Retain the use of resident’s personal clothing.

• Access to telephone at a convenient location within the facility.

J. SERVICESINCLUDEDIN MEDICAREOR MEDICAIDPAYMENT: No. K. NOTIFICATIONOFRIGHTSANDRESPONSIBILITIES: Yes.

The right to be fully informed in writing of all resident’s responsibilities and rights.

L. MANAGEPERSONALFINANCIALAFFAIRS: Yes.

The right to manage the use of personal funds.

M. OTHERADDITIONAL: Yes.

The right to

• Be fully informed in writing of all services available at the facility and all service charges for which the resident is responsible for paying.

• Immediate notification to the resident’s responsible party/family member or guardian of any accident, sudden illness, disease, unexplained absence, or anything unusual involving the resident.

ENUMERATED RIGHTS

POSTEDWITHINFACILITY: Yes.

Conspicuously posted throughout the facility.

WITHINRESIDENT’SCONTRACT: No.

PROVIDEDASSEPARATEWRITING: No.

ORAL EXPLANATION:No.

OTHER: No.

Does the state set guidelines for involuntary transfer and/or discharge? Yes, by statute.

A. BEHAVIOR: No. B. HEALTH STATUS: Yes.

For medical reasons or resident’s or other resident’s welfare.

C. NONPAYMENT: Yes.

For nonpayment.

D. NONCOMPLIANCE: No.

E. FACILITYCEASESTOOPERATE: Yes, facility ceases to operate. F. OTHER: No.

A. TIMING/DISTRIBUTION:

30-day notice to resident and the responsible party or his responsible family member or guardian unless certain factors are met.

B. CONTENTOFNOTIFICATION: Not specified. C. RELOCATIONASSISTANCE: No.

A. WITHIN FACILITY: No. B. STATE AGENCY: Yes.

Resident is entitled to a hearing before the Department. Does the state require a written contract? No.

Does the state require the facility to have a grievance procedure for resident concerns? Yes, by statute.

FACILITY DISCRETION: Yes.

The facility must establish written procedures for the submission and resolution of complaints and recommendations.

METHOD(S) OF

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