UNOFFICIAL COPY 23 RS SB 43/GA
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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) "Health facility" has the same meaning as in KRS Chapter 216B; 5
(b) "Health service" has the same meaning as in KRS Chapter 216B; and 6
(c) "Medicaid waiver service" means a medical service provided under the 7
acquired brain injury, the Michelle P. waiver, the supports for community 8
living, or the home and community based waiver programs["Community" 9
means assisted-living community as defined in KRS 194A.700; 10
(b) "Facility" includes long-term care facilities as defined in KRS 216A.010 and 11
residential long-term care facilities as defined in KRS 216.510; and 12
(c) "Mental hospital" means a state-owned or -operated mental or psychiatric 13
hospital]. 14
(2) Notwithstanding any state law to the contrary, the Cabinet for Health and Family 15
Services shall require a health facility, health service, or Medicaid waiver 16
service[community, a facility, and a mental hospital] to permit in-person resident 17
visitation by at least one (1) essential personal care visitor, including a family 18
member, legal guardian, outside caregiver, friend, or volunteer who is important to 19
the mental, physical, or social well-being of the resident. 20
(3) The cabinet shall, within fourteen (14) days of the effective date of this 21
Act[February 7, 2022], promulgate administrative regulations in accordance with 22
KRS Chapter 13A that, subject to applicable federal requirements: 23
(a) Establish procedures for a resident to designate at least one (1) essential 24
personal care visitor and procedures to change the designated essential 25
personal care visitor; 26
(b) Exempt an essential personal care visitor, including during a communicable 27 UNOFFICIAL COPY 23 RS SB 43/GA
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disease outbreak in a health facility, health service, or Medicaid waiver 1
service, regardless of the resident's communicable disease status, from any 2
prohibitions on visiting a resident of a health facility, health service, or 3
Medicaid waiver service[community, a facility, or a mental hospital] other 4
than the requirements in this subsection; 5
(c) Require an essential personal care visitor to follow safety protocols of the 6
health facility, health service, or Medicaid waiver service[community, the 7
facility, or the mental hospital]; 8
(d) Require an essential personal care visitor to assume a risk of contracting 9
communicable diseases, provided the health facility, health service, or 10
Medicaid waiver service[community, the facility, or the mental hospital] is 11
compliant with the Kentucky Department for Public Health guidelines; 12
(e) Permit a health facility, health service, or Medicaid waiver 13
service[community, a facility, or a mental hospital] to require a written 14
visitation agreement with an essential personal care visitor; 15
(f) Permit a health facility, health service, or Medicaid waiver 16
service[community, facility, or mental hospital] to limit visitation of an 17
essential personal care visitor to the resident or residents he or she is approved 18
to visit; 19
(g) Permit a health facility, health service, or Medicaid waiver 20
service[community, facility, or mental hospital] to limit the total number of 21
essential personal care visitors allowed in the health facility, health service, 22
or Medicaid waiver service[community, facility, or mental hospital] at any 23
one (1) time; and 24
(h) Except as provided in this section, do not require a health facility, health 25
service, or Medicaid waiver service[community, facility, or mental hospital] 26
to permit an in-person visitor at all times. 27 UNOFFICIAL COPY 23 RS SB 43/GA
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Section 2. Whereas, the General Assembly recognizes that the mental, physical, 1
and social well-being of residents in health facilities is greatly enhanced by assistance 2
from essential personal care visitors, an emergency is declared to exist, and this Act takes 3
effect upon its passage and approval by the Governor or upon its otherwise becoming a 4
law. 5