216.712 Certification of personal services agency required -- Criminal background
check -- Administrative regulations -- Fees.
(1)
(2)
(3)
(4)
(5)
No personal services agency shall be operated, maintained, or advertised without
obtaining a certificate as provided in this section. Entities that operate personal
services agencies, as defined in KRS 216.710, in Kentucky on June 25, 2009, shall
have until December 31, 2009, to file an application for certification pursuant to this
section. All other agencies shall be required to obtain certification prior to providing
personal services. A parent personal services agency with one (1) or more branch
offices in Kentucky shall not be required to obtain separate certificates for each of
its branch offices.
Each personal services agency providing direct services to clients as defined in KRS
216.710 shall perform a criminal background check on any applicant for
employment prior to employing the applicant. Each application provided by the
personal services agency to the applicant for initial employment shall state in a
conspicuous manner on the application "For This Type of Employment State Law
Requires a Criminal Background Check as Condition of Employment."
No personal services agency shall employ a person in a position which involves
providing direct services to a client if the employee has been convicted of a crime as
defined by KRS 216.710.
The secretary shall promulgate administrative regulations to implement this section
and KRS 216.714 and 216.716. The administrative regulations at a minimum shall
establish:
(a) An initial and annual certification review process for personal services
agencies that does not require an on-site visit;
(b) Procedures related to applying for, reviewing, approving, denying, and
revoking certification;
(c) Fees for application and reapplication in an amount sufficient to offset the cost
to administer KRS 216.712 and 216.714;
(d) Procedures for complaint investigations;
(e) Procedures for the imposition and collection of fines as provided by KRS
216.714;
(f) Policies and procedures for the personal services agencies;
(g) Procedures for criminal background checks;
(h) Procedures to ensure the competency of the individuals providing personal
services, the requirements of written service agreements between the personal
services agencies and clients or designated representatives, and the
requirements of personal service plans for the clients; and
(i) Procedures to be utilized in the conduct of hearings upon appeals in
accordance with KRS Chapter 13B.
Only those personal services agencies meeting the standards prescribed for
certification shall be granted a certificate.
(6)
(7)
All fees collected under the provisions of this section shall be paid into the State
Treasury and credited to the Kentucky personal services agency fund created by
KRS 216.716.
Each personal services agency providing direct care to clients shall have a policy
that addresses the acceptance of personal gifts, gratuities, or loans from a client by
the agency and by any employee, agent, or contractor of the personal services
agency. The policy shall not be required to apply to personal gifts, gratuities, or
loans to the agency made by family members or friends of the client. The policy
shall, at a minimum:
(a) Prohibit the solicitation of personal gifts, gratuities, or loans from a client; and
(b) Specify the conditions under which gifts, gratuities, or loans from a client may
be accepted by the agency and by any employee, agent, or contractor of the
personal services agency.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 110, sec. 1, effective July 15, 2010. -- Created
2009 Ky. Acts ch. 83, sec. 2, effective June 25, 2009.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 110, sec. 7,
provides: "Section 1 of this Act shall be known and may be cited as, "The Kentucky
Adult Protection Act" in honor of the disabled veterans who revealed the need for
this legislation."
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