2014 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.460 Essential services -- Funding -- Collection of fees and contributions.
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205.460 Essential services -- Funding -- Collection of fees and contributions.
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The cabinet shall fund, directly or through a contracting entity or entities, in
each district, a program of essential services which shall have as its primary
purpose the prevention of unnecessary institutionalization of functionally
impaired elderly persons. The cabinet may use funds appropriated under this
section to contract with public and private agencies, long-term care facilities,
local governments, and other providers to provide core and essential services.
The cabinet may provide core and essential services when such services
cannot otherwise be purchased.
In providing essential services, all existing community resources available to
functionally impaired elderly persons shall be utilized. Additional services may
be provided, but shall not be funded from funds appropriated under this
section. Volunteers may be used where practicable to provide essential
services to functionally impaired elderly persons. The cabinet or contracting
entity shall provide or arrange for the provision of training and supervision of
volunteers to ensure the delivery of quality services. The cabinet or contracting
entity shall provide or arrange for appropriate insurance coverage to protect
volunteers from personal liability while acting within the scope of their volunteer
duties. In providing essential services under this section, the cabinet shall
provide services to meet the needs of the minority elderly as identified by the
cabinet pursuant to KRS 205.201.
Entities contracting with the cabinet to provide essential services under KRS
205.455 and this section shall provide a minimum of fifteen percent (15%) of
the funding necessary for the support of program operations. No local match is
required for assessment and case management. Local contributions, whether
materials, commodities, transportation, office space, personal services, or other
types of facilities services, or funds may be evaluated and counted toward the
fifteen percent (15%) local funding requirements.
When possible, funding for core services may be obtained under:
(a) The Comprehensive Annual Social Services Program plan under Title XX
of the Social Security Act;
(b) The Medical Assistance Plan under Titles XVIII and XIX of the Social
Security Act;
(c) The State Plan on Aging under the Older Americans Act; or
(d) Veteran's benefit programs under the provisions of 38 U.S.C. secs. 1 et
seq., as amended.
The cabinet may seek federal waivers if necessary to enable the use of funds
provided through Titles XVIII and XIX of the Social Security Act for the
provision of essential services.
Providers contracting with the cabinet to provide essential services shall be
responsible for the collection of fees and contributions for services in
accordance with administrative regulations promulgated by the cabinet.
Providers are authorized to assess and collect fees for services rendered in
accordance with those administrative regulations. To help pay for essential
services received, a functionally impaired elderly person shall pay an amount of
money based on an overall ability to pay in accordance with a schedule of fees
established by the cabinet. Fees shall reflect the degree to which the cabinet or
contracting entity uses volunteers in the provision of services. Where essential
services are provided by volunteers, fees shall only be assessed in an amount
that will cover the cost of materials and other goods used in the provision of
services. The cost of materials and other goods used by volunteers shall be
reasonably similar to the cost of goods when paid personnel are used. Fees
shall not be required of any person who is "needy aged" as defined in KRS
205.010; however, voluntary contributions may be encouraged. This
subsection shall not apply to programs utilizing federal funds when
administrative regulations require contributions to revert to the original funding
source.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 246, sec. 5, effective July 14, 1992. -Amended 1988 Ky. Acts ch. 280, sec. 2, effective July 15, 1988. -- Created 1982
Ky. Acts ch. 169, sec. 2, effective July 15, 1982.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, G, 10, (1) at 647.
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