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AN ACT relating to health and family services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 205.558 is amended to read as follows: 3
(1) To prevent inappropriate placement and to contain costs related thereto, the 4
secretary for health and family services shall implement a statewide prescreening 5
and admissions review system, including the imposition of a resource means test, 6
for all long-term-care facilities and beds, as defined under KRS Chapter 216, and 7
any acute-care hospital-based skilled-nursing or intermediate-care beds 8
participating under Title XIX of the Social Security Act, regardless of the payment 9
status of the resident upon admission. Any person having resources sufficient to 10
cover the cost of care for at least three hundred sixty-five (365) days following 11
admission may be admitted to a long-term care bed or facility if such person so 12
desires; provided, however, that if a person: 13
(a) Is admitted to a long-term-care facility or acute-care hospital-based skilled-14
nursing or intermediate-care bed without participating in the prescreening and 15
admissions review system; or 16
(b) Participates in the prescreening and admissions review system and is not 17
authorized for placement in a long-term-care facility or acute-care hospital-18
based skilled-nursing or intermediate-care bed; 19
such person is not eligible for medical assistance payment for skilled-nursing or 20
intermediate-care for one (1) year after the date of the person's admission to a 21
skilled-nursing or intermediate-care facility or acute-care hospital-based skilled-22
nursing or intermediate-care bed unless the person subsequently participates in the 23
prescreening and admissions review system and is authorized for admission to an 24
intermediate-care or skilled-nursing facility or acute-care hospital-based skilled-25
nursing or intermediate-care bed. 26
(2) To implement the provisions of this section the cabinet shall establish preadmission 27 UNOFFICIAL COPY 25 RS BR 1297
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screening teams composed of a nurse, social worker, and physician. 1
(3) Before preauthorization of any person for admission to an intermediate-care facility 2
or skilled-care facility or acute-care hospital-based skilled-nursing or intermediate-3
care bed, the cabinet shall first make the following determinations: 4
(a) The health status and care needs of the person require immediate 5
institutionalization in an intermediate-care facility or skilled-nursing facility 6
or acute-care hospital-based skilled-nursing or intermediate-care bed; 7
(b) The person and his or her family have been fully advised of alternatives to 8
institutional care and possible sources of reimbursement for such care; 9
(c) Alternatives to institutional care are not feasible; and 10
(d) Other such determinations as specified by administrative regulations 11
promulgated by the cabinet under KRS Chapter 13A. 12
(4) Admission of a person to an intermediate-care facility, or a skilled-nursing facility 13
without first obtaining prior authorization from the Cabinet for Health and Family 14
Services shall constitute a Class B violation. 15
(5) The secretary for the cabinet shall promulgate such administrative regulations, 16
subject to KRS Chapter 13A, as necessary to implement this section. 17