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216.710 Definitions for KRS 216.710 to 216.714.
As used in KRS 216.710 to 216.714:
(1) "Cabinet" means the Cabinet for Health and Family Services;
(2) "Client" means an individual who has been accepted to receive personal
services from a personal services agency;
(3) "Crime" means a conviction of or plea of guilty to a felony offense related to
theft; abuse or sale of illegal drugs; abuse, neglect, or exploitation of an adult
or child; or the commission of a sex crime. Conviction of or a plea of guilty to an
offense committed outside the Commonwealth of Kentucky is a crime if the
offense would have been a felony if committed in Kentucky;
(4) "Department" means a department designated by the Cabinet for Health and
Family Services;
(5) "Designated representative" means a person who has legal authority or is
designated by the client to act on behalf of the client with regard to the action to
be taken;
(6) "Direct service" means personal or group interaction between the employee
and the client;
(7) (a) "Personal services" means:
1.
Assisting with a client's ambulation and activities of daily living as
defined in KRS 194A.700;
2.
Facilitating the self-administration of medications if such
medications are prepared or directed by a licensed health-care
professional or the client's designated representative;
3.
Providing services which may be referred to as attendant care,
in-home companion, sitter and respite care services, and
homemaker services when provided in conjunction with other
personal services; and
4.
Providing services that enable the client to live safely, comfortably,
and independently;
(b) "Personal services" excludes the following:
1.
Housing and services provided by a health facility or service as
defined in KRS 216B.015;
2.
Voluntary services provided by employers or membership
organizations for their employees, members, and families of the
employees or members if the services are not the predominant
purpose of the employer or the membership organization's business;
3.
House cleaning, laundry, personal shopping, or transportation
provided by an entity if the entity offers no other personal services;
4.
Services provided by the client's family or by individuals who provide
services to no more than three (3) clients concurrently;
5.
Individuals or entities that provide all personal services on a
voluntary basis;
6.
Services that require the order of a licensed health-care
professional to be lawfully performed in Kentucky;
7.
Hospitals or other entities that provide information to consumers
regarding persons who are available as caregivers if the hospital or
other entity makes no attempt to manage or coordinate the selection
of such persons for consumers and a disclaimer is provided that the
entity providing the information has not made an independent
assessment of the ability of the individual or agency to provide
personal services;
8.
Free Internet resources that identify potential caregivers; and
9.
Any health-care entity or health-care practitioner otherwise licensed,
certified, or regulated by local, state, or federal statutes or
regulations;
(8) "Personal services agency" means any person, business entity, corporation, or
association, either for-profit or not-for-profit, that directly provides or makes
provision for personal services through:
(a) Its own employees or agents;
(b) Contractual arrangements with independent contractors; or
(c) Referral of persons to render personal services if the person making the
referral has an ownership or financial interest that is realized from the
delivery of those services;
(9) "Parent personal services agency" means a personal services agency located
in Kentucky that develops and maintains administrative and fiscal control over
a branch office in a different Kentucky location, and does not include an
out-of-state personal services agency with a branch office in Kentucky; and
(10) "Secretary" means the secretary of the Cabinet for Health and Family Services.
Effective:June 25, 2009
History: Created 2009 Ky. Acts ch. 83, sec. 1, effective June 25, 2009.
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