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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; 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; and 9
(d) "Psychiatric residential treatment facility" has the same meaning as in KRS 10
216B.450["Community" means assisted-living community as defined in KRS 11
194A.700; 12
(b) "Facility" includes long-term care facilities as defined in KRS 216A.010 and 13
residential long-term care facilities as defined in KRS 216.510; and 14
(c) "Mental hospital" means a state-owned or -operated mental or psychiatric 15
hospital]. 16
(2) Notwithstanding any state law to the contrary, the Cabinet for Health and Family 17
Services shall require a health facility, health service, Medicaid waiver service, or 18
psychiatric residential treatment facility[community, a facility, and a mental 19
hospital] to permit in-person resident visitation by at least one (1) essential personal 20
care visitor, including a family member, legal guardian, outside caregiver, friend, or 21
volunteer who is important to the mental, physical, or social well-being of the 22
resident. 23
(3) The cabinet shall, within fourteen (14) days of the effective date of this 24
Act[February 7, 2022], promulgate administrative regulations in accordance with 25
KRS Chapter 13A that, subject to applicable federal requirements: 26
(a) Establish procedures for a resident to designate at least one (1) essential 27 UNOFFICIAL COPY 23 RS SB 43/EN
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personal care visitor and procedures to change the designated essential 1
personal care visitor; 2
(b) Exempt an essential personal care visitor, including during a communicable 3
disease outbreak in a health facility, health service, Medicaid waiver 4
service, or psychiatric residential treatment facility, regardless of the 5
resident's communicable disease status, from any prohibitions on visiting a 6
resident of a health facility, health service, Medicaid waiver service, or 7
psychiatric residential treatment facility[community, a facility, or a mental 8
hospital] other than the requirements in this subsection; 9
(c) Require an essential personal care visitor to follow safety protocols of the 10
health facility, health service, Medicaid waiver service, or psychiatric 11
residential treatment facility[community, the facility, or the mental hospital]; 12
(d) Require an essential personal care visitor to assume a risk of contracting 13
communicable diseases, provided the health facility, health service, Medicaid 14
waiver service, or psychiatric residential treatment facility[community, the 15
facility, or the mental hospital] is compliant with the Kentucky Department 16
for Public Health guidelines; 17
(e) Permit a health facility, health service, Medicaid waiver service, or 18
psychiatric residential treatment facility[community, a facility, or a mental 19
hospital] to require a written visitation agreement with an essential personal 20
care visitor; 21
(f) Permit a health facility, health service, Medicaid waiver service, or 22
psychiatric residential treatment facility[community, facility, or mental 23
hospital] to limit visitation of an essential personal care visitor to the resident 24
or residents he or she is approved to visit; 25
(g) Permit a health facility, health service, Medicaid waiver service, or 26
psychiatric residential treatment facility[community, facility, or mental 27 UNOFFICIAL COPY 23 RS SB 43/EN
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hospital] to limit the total number of essential personal care visitors allowed in 1
the health facility, health service, Medicaid waiver service, or psychiatric 2
residential treatment facility[community, facility, or mental hospital] at any 3
one (1) time; and 4
(h) Except as provided in this section, do not require a health facility, health 5
service, Medicaid waiver service, or psychiatric residential treatment 6
facility[community, facility, or mental hospital] to permit an in-person visitor 7
at all times. 8
Section 2. Whereas, the General Assembly recognizes that the mental, physical, 9
and social well-being of residents in health facilities is greatly enhanced by assistance 10
from essential personal care visitors, an emergency is declared to exist, and this Act takes 11
effect upon its passage and approval by the Governor or upon its otherwise becoming a 12
law. 13