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AN ACT relating to assisted living communities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 194A.703 is amended to read as follows: 3
(1) Each living unit in an assisted living community shall: 4
(a) Be at least two hundred (200) square feet for single occupancy, or for double 5
occupancy if the room is shared with a spouse or another individual by mutual 6
agreement; 7
(b) Include at least one (1) unfurnished room, a lockable entry door unless in a 8
secured dementia care unit, a private bathroom with a tub or shower, 9
provisions for emergency response, a window to the outdoors, and a telephone 10
jack; 11
(c) Unless living units are in a secured dementia care unit, have an individual 12
thermostat control if the assisted living community has more than twenty (20) 13
units; and 14
(d) Have temperatures that are not under a resident's direct control at a minimum 15
of seventy-one (71) degrees Fahrenheit in winter conditions and a maximum 16
of eighty-one (81) degrees Fahrenheit in summer conditions if the assisted 17
living community has twenty (20) or fewer units, or the living units are in a 18
secured dementia care unit. 19
(2) Each resident shall be provided access to central dining, a laundry facility, and a 20
central living room. 21
(3) Each assisted living community shall comply with applicable building and life 22
safety codes as determined by the building code or life safety code enforcement 23
authority with jurisdiction. 24
(4) (a) Each assisted living community that provides basic health and health-25
related services or dementia care services shall be classified and treated as 26
an institutional building by the Kentucky Building Code and all other 27 UNOFFICIAL COPY 23 RS BR 1503
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applicable construction, occupancy, and life safety codes. 1
(b) Each assisted living community that does not provide basic health and 2
health-related services or dementia care services shall be classified and 3
treated as a residential building by the Kentucky Building Code and all 4
other applicable construction, occupancy, and life safety codes. 5
Section 2. KRS 194A.705 is amended to read as follows: 6
(1) The assisted living community shall provide each resident with access to the 7
following services according to the lease agreement: 8
(a) Assistance with activities of daily living and instrumental activities of daily 9
living; 10
(b) Three (3) meals and snacks made available each day, with flexibility in a 11
secured dementia care unit to meet the needs of residents with cognitive 12
impairments who may eat outside of scheduled dining hours; 13
(c) Scheduled daily social activities that address the general preferences of 14
residents; 15
(d) Assistance with self-administration of medication; and 16
(e) Housing. 17
(2) (a) The assisted living community may provide residents with access to basic 18
health and health-related services. 19
(b) If an assisted living community chooses to provide basic health and health-20
related services, the assisted living community shall supervise the residents. 21
(c) In an assisted living community that provides basic health and health 22
related-services or dementia care services, a certified medication aide or an 23
unlicensed staff person who has successfully completed a medication aide 24
training and skills competency evaluation program approved by the 25
Kentucky Board of Nursing may administer oral or topical medication, or 26
preloaded injectable insulin to a resident under the authority of an available 27 UNOFFICIAL COPY 23 RS BR 1503
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licensed practical nurse, registered nurse, or advanced practice registered 1
nurse. 2
(3) (a) Residents of an assisted living community may arrange for additional services 3
under direct contract or arrangement with an outside agent, professional, 4
provider, or other individual designated by the resident if permitted by the 5
policies of the assisted living community. 6
(b) Permitted services for which a resident may arrange or contract include but 7
are not limited to health services, hospice services provided by a hospice 8
program licensed under KRS Chapter 216B, and other end-of-life services. 9
(4) Upon entering into a lease agreement, an assisted living community shall inform the 10
resident in writing about policies relating to the provision of services by the assisted 11
living community and the contracting or arranging for additional services. 12
(5) A resident issued a move-out notice shall receive the notice in writing and the 13
assisted living community shall assist each resident upon a move-out notice to find 14
appropriate living arrangements. Each assisted living community shall share 15
information provided from the cabinet regarding options for alternative living 16
arrangements at the time a move-out notice is given to the resident. 17
(6) An assisted living community shall complete and provide to the resident: 18
(a) Upon move-in, a copy of a functional needs assessment pertaining to the 19
resident's ability to perform activities of daily living and instrumental 20
activities of daily living and any other topics the assisted living community 21
determines to be necessary; and 22
(b) After move-in, a copy of an updated functional needs assessment pertaining to 23
the resident's ability to perform activities of daily living and instrumental 24
activities of daily living, the service plan designed to meet identified needs, 25
and any other topics the assisted living community determines to be 26
necessary. 27 UNOFFICIAL COPY 23 RS BR 1503
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Section 3. KRS 194A.710 is amended to read as follows: 1
(1) An assisted living community shall not operate unless it is licensed under this 2
chapter. A licensee shall be legally responsible for the management, control, and 3
operations of the facility. 4
(2) The following categories are established for assisted living community licensure: 5
(a) An assisted living community license for any facility that provides assisted 6
living services, excluding basic health and health -related 7
services[community without a secured dementia care unit];[ and] 8
(b) An assisted living community with basic health care license for any facility 9
that: 10
1. Provides assisted living services, including basic health and health-11
related services directly to its residents; and 12
2. Does not have a secured dementia care unit; and 13
(c) An assisted living community with dementia care license for any facility[ an 14
assisted living community] that provides assisted living services and dementia 15
care services in a secured dementia care unit. 16
(3) An[On or after July 14, 2022, no] assisted living community shall not operate a 17
secured dementia care unit without first obtaining an assisted living community 18
with dementia care license from the cabinet. A license issued pursuant to this 19
section shall not be assignable or transferable. 20
(4) The Office of Inspector General shall promulgate administrative regulations in 21
accordance with KRS Chapter 13A to establish: 22
(a) Licensing classifications within the categories as described in subsection (2) 23
of this section; and 24
(b) Standards to help ensure the health, safety, and well-being of residents. 25
Section 4. KRS 194A.717 is amended to read as follows: 26
(1) Staffing in an assisted living community shall be sufficient in number and 27 UNOFFICIAL COPY 23 RS BR 1503
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qualification to meet the twenty-four (24) hour scheduled needs of each resident 1
pursuant to the lease agreement, functional needs assessment, and service plan. 2
(2) One (1) awake staff member shall be on site at all times at each licensed entity or if 3
there are multiple occupied buildings on the same campus operated by the same 4
licensee, then there shall be one (1) awake staff member on site in each occupied 5
building[at all times]. 6
(3) An assisted living community shall have a designated manager who is at least 7
twenty-one (21) years of age, has at least a high school diploma or a High School 8
Equivalency Diploma, and has demonstrated management or administrative ability 9
to maintain the daily operations. 10
(4) An assisted living community that provides basic health and health-related 11
services or dementia care services shall have a licensed nurse readily available in 12
person, by telephone, or by other means of live, two-way communication, to 13
unlicensed staff during any times the staff is providing delegated nursing tasks. 14
(5) No employee who has an active communicable disease reportable to the 15
Department for Public Health shall be permitted to work in an assisted living 16
community if the employee is a danger to the residents or other employees. 17
(6)[(5)] When a resident requires hands-on assistance of another person to walk, 18
transfer, or move from place to place with or without an assistive device, the 19
assisted living community shall have a policy that describes how priority will be 20
given by staff sufficient to assist that resident during times of emergency when 21
evacuation may be necessary. 22