Kentucky 2025 2025 Regular Session

Kentucky House Bill HB392 Introduced / Bill

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AN ACT relating to state-operated mental health facilities. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 210.040 is amended to read as follows: 3 
The Cabinet for Health and Family Services shall: 4 
(1) Exercise all functions of the state in relation to the administration and operation of 5 
the state facilities[institutions] for the care and treatment of persons with mental 6 
illness; 7 
(2) Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550, 8 
other or additional facilities for psychiatric care and treatment of persons who are or 9 
may become state charges; 10 
(3) Cooperate with other state agencies for the development of a statewide mental 11 
health program looking toward the prevention of mental illness and the 12 
aftercare[post-institutional care] of persons released from public or private mental 13 
hospitals; 14 
(4) Provide for the custody, maintenance, care, and medical and psychiatric treatment 15 
of the patients of the facilities[institutions] operated by the cabinet, including 16 
emergency and other medical care required to be provided outside of the facility 17 
while the patient is admitted to the facility. Expenses of the outside medical 18 
provider, other than elective procedures or elective surgery, shall be paid by the 19 
cabinet and included in the determination of the patient liability when not 20 
covered by the patient's third-party payor; 21 
(5) Provide psychiatric consultation for the state penal and correctional institutions, and 22 
for the state facilities[institutions] operated for children or for persons with an 23 
intellectual disability; 24 
(6) Administer and supervise programs for the [noninstitutional ]care of persons with 25 
mental illness outside of state facilities; 26 
(7) Administer and supervise programs for the care of persons with chronic mental 27  UNOFFICIAL COPY  	25 RS BR 945 
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illness, including but not limited to provision of the following: 1 
(a) Identification of persons with chronic mental illness residing in the area to be 2 
served; 3 
(b) Assistance to persons with chronic mental illness in gaining access to 4 
essential mental health services, medical and rehabilitation services, 5 
employment, housing, and other support services designed to enable persons 6 
with chronic mental illness to function outside inpatient facilities[institutions] 7 
to the maximum extent of their capabilities; 8 
(c) Establishment of community-based transitional living facilities with twenty-9 
four (24) hour supervision and community-based cooperative facilities with 10 
part-time supervision; provided that, no more than either one (1) transitional 11 
facility or one (1) cooperative facility may be established in a county 12 
containing a city of the first class or consolidated local government with any 13 
funds available to the cabinet; 14 
(d) Assurance of the availability of a case manager for each person with chronic 15 
mental illness to determine what services are needed and to be responsible for 16 
their provision; and 17 
(e) Coordination of the provision of mental health and related support services 18 
with the provision of other support services to persons with chronic mental 19 
illness; 20 
(8) Require all providers who receive public funds through state contracts, state grants, 21 
or reimbursement for services provided to have formalized quality assurance and 22 
quality improvement processes, including but not limited to a grievance procedure; 23 
and 24 
(9) Supervise private mental hospitals receiving patients committed by order of a court. 25