2014 Kentucky Revised Statutes CHAPTER 210 - STATE AND REGIONAL MENTAL HEALTH PROGRAMS 210.270 Custodial care of patients with an intellectual disability in private homes, private nursing homes, and private institutions -- Transfer or reclassification of patient -- Procedure.
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210.270 Custodial care of patients with an intellectual disability in private
homes, private nursing homes, and private institutions -- Transfer or
reclassification of patient -- Procedure.
(1)
(2)
(3)
(4)
(5)
(6)
The secretary of the Cabinet for Health and Family Services is authorized to
designate those private homes, private nursing homes, and private institutions
that he deems, after a thorough investigation of the personal and financial
qualifications of the owners and tenants, the facilities and management, and
the desirability of the location of the homes, suitable for the placement of
patients, including individuals with mental illness or an intellectual disability of
all ages, outside of the state mental hospitals. The secretary of the Cabinet for
Health and Family Services may promulgate, by administrative regulation,
standards for the selection and operation of private homes, private nursing
homes, and private institutions designated for the placement of patients. No
home of an officer or employee of the Cabinet for Health and Family Services
or of a member of his immediate family shall be designated for the placement
of patients.
Whenever the staff of a state mental hospital has determined that a patient
who is not being held on an order arising out of a criminal offense has
sufficiently improved and is not dangerous to himself or other persons, and that
it would be in the patient's best interest to be placed outside of the hospital in a
private home or private nursing home, the hospital shall so certify and
authorize the patient to be transferred to a designated private home or private
nursing home for care and custody for a length of time that the hospital deems
advisable.
No patient with an intellectual disability lodged in a state institution may have
his level of care reclassified nor may he be transferred to a private nursing
home or other private institution without first providing ten (10) days' notice by
certified mail, return receipt requested, to the patient's parents or guardian that
a reclassification of the patient's level of care or a transfer in the place of
residence is being considered.
Any parent or guardian of any patient with an intellectual disability lodged in a
state institution may participate in any evaluation procedure which may result in
a reclassification of the patient's level of care or in a transfer in the place of
residence of the patient. Participation may include the submission by the
parents or guardian of medical evidence or any other evidence deemed
relevant by the parents or guardian to the possible reclassification or transfer of
the patient.
If the decision to reclassify or transfer any patient with an intellectual disability
is adverse to the best interests of the patient as expressed by the parents or
guardian, they shall be given notice by certified mail, return receipt requested,
that they are entitled to a thirty (30) day period from the receipt of such notice
to file with the secretary of the Cabinet for Health and Family Services a notice
of appeal and application for a hearing. Upon receipt of an application for a
hearing, a hearing shall be conducted in accordance with KRS Chapter 13B.
The appeal shall be heard by a three (3) member panel composed of a
designated representative of the Cabinet for Health and Family Services, a
designated representative of the state institution where the patient with an
(7)
(8)
(9)
intellectual disability is presently lodged, and a designated neutral
representative appointed by the county judge/executive wherein the institution
in question is located. The secretary may appoint a hearing officer to preside
over the conduct of the hearing.
Decisions made by the panel may be appealed to the Circuit Court of the
county in which the state institution in question is located, to the Circuit Court of
the county in which either of the parents or guardians or committee of the
patient in question is domiciled at the time of the decision, or to Franklin Circuit
Court in accordance with KRS Chapter 13B.
All parents or guardians or committee of a patient with an intellectual disability
lodged in a state institution shall be fully apprised by the Cabinet for Health and
Family Services of their rights and duties under the provisions of subsections
(3), (4), (5), (6), and (7) of this section.
The provisions of KRS 210.700 to 210.760 shall apply to patients transferred to
designated private homes and private nursing homes as though the patients
were residing in a state mental hospital.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 141, sec. 18, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 99, sec. 320, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 265, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 318, sec. 100, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 405, sec. 70, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 428,
sec. 4, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 141, sec. 69,
effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 114, sec. 39, effective July
15, 1980; and ch. 188, sec. 201, effective July 15, 1980. -- Amended 1978 Ky.
Acts ch. 333, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74,
Art. VI, sec. 107(1), (8), (9) and (21). -- Amended 1970 Ky. Acts ch. 237, sec. 1.
-- Amended 1960 Ky. Acts ch. 64, sec. 7, effective June 16, 1960. -- Created
1954 Ky. Acts ch. 13, sec. 1.
Note: 1980 Ky. Acts ch. 396, sec. 73 would have amended this section effective
July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts
ch. 141, sec. 146, also effective July 1, 1982.
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