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AN ACT relating to Medicaid home and community-based waiver residential 1
services. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Notwithstanding any provision of law to the contrary and to the extent permitted 6
under federal law, including but not limited to the Health Insurance Portability 7
and Accountability Act of 1996, Pub. L. No. 104-191, an adult, the parent or legal 8
guardian of a minor, or the guardian or limited guardian of an incapacitated 9
individual who is receiving residential services under a federally approved 10
1915(c) home and community based services waiver program, as defined in 907 11
KAR 7:005 sec. 1, may waive a right to privacy for the limited purpose of 12
installing, or to cause the installation of, video recording devices in the private 13
residential room of the individual receiving services. 14
(2) The cabinet shall, withing ninety (90) days after the effective date of this Act, 15
promulgate administrative regulations in accordance with KRS Chapter 13A to 16
carry out the provisions of this section, including but not limited: 17
(a) The creation of a privacy waiver form; 18
(b) Requirements for notifying the residential service provider of the intent to 19
install a recording device in the private residential room of an individual 20
receiving services; 21
(c) Standards for securing, maintaining, and distributing or using video 22
recordings; and 23
(d) Procedures for installing recording devices in shared or semi-private 24
residential rooms. 25
(3) Nothing in this section shall be interpreted or construed as requiring the Cabinet 26
for Health and Family Services, the Medicaid program, any other state agency, or 27 UNOFFICIAL COPY 25 RS BR 42
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a residential service provider to provide video recording devices or funding for 1
video recording devices. All cost associated with video recording devices and the 2
installation of the devices shall be the responsibility of the individual resident or 3
his or her parent or guardian. 4