UNOFFICIAL COPY 23 RS HB 156/GA
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HB015610.100 - 997 - XXXX 3/7/2023 7:47 PM GA
AN ACT relating to essential caregivers and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 216.505 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Community" means an assisted-living community as defined in KRS 5
194A.700; 6
(b) "Facility" includes long-term care facilities as defined in KRS 216A.010,[ and 7
residential] long-term-[ ]care facilities as defined in KRS 216.510, and 8
psychiatric residential treatment facilities as defined in KRS 216B.450; and 9
(c) "Mental hospital" means a state-owned or -operated mental or psychiatric 10
hospital. 11
(2) Notwithstanding any state law to the contrary, the Cabinet for Health and Family 12
Services shall require a community, a facility, and a mental hospital to permit in-13
person resident visitation by at least one (1) essential personal care visitor, 14
including a family member, legal guardian, outside caregiver, friend, or volunteer 15
who is important to the mental, physical, or social well-being of the resident. 16
(3) The cabinet shall, within fourteen (14) days of the effective date of this 17
Act[February 7, 2022], promulgate administrative regulations in accordance with 18
KRS Chapter 13A that, subject to applicable federal requirements: 19
(a) Establish procedures for a resident to designate at least one (1) essential 20
personal care visitor and procedures to change the designated essential 21
personal care visitor; 22
(b) Exempt an essential personal care visitor, including during a communicable 23
disease outbreak in the community, facility, or mental hospital, regardless 24
of the resident's communicable disease status, from any prohibitions on 25
visiting a resident of a community, a facility, or a mental hospital other than 26
the requirements in this subsection; 27 UNOFFICIAL COPY 23 RS HB 156/GA
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(c) Require an essential personal care visitor to follow safety protocols of the 1
community, the facility, or the mental hospital; 2
(d) Require an essential personal care visitor to assume a risk of contracting 3
communicable diseases, provided the community, the facility, or the mental 4
hospital is compliant with the Kentucky Department for Public Health 5
guidelines; 6
(e) Permit a community, a facility, or a mental hospital to require a written 7
visitation agreement with an essential personal care visitor; 8
(f) Permit a community, facility, or mental hospital to limit visitation of an 9
essential personal care visitor to the resident or residents he or she is approved 10
to visit; 11
(g) Permit a community, facility, or mental hospital to limit the total number of 12
essential personal care visitors allowed in the community, facility, or mental 13
hospital at any one (1) time; and 14
(h) Except as provided in this section, do not require a community, facility, or 15
mental hospital to permit an in-person visitor at all times. 16
Section 2. Whereas, the General Assembly recognizes that the mental, physical, 17
and social well-being of residents in health facilities is greatly enhanced by assistance 18
from essential personal care visitors, an emergency is declared to exist, and this Act takes 19
effect upon its passage and approval by the Governor or upon its otherwise becoming a 20
law. 21