2025 Kentucky Revised Statutes Chapter 216 - Health facilities and services 216.505 Essential personal care visitors to health facility, health service, Medicaid waiver service, or psychiatric residential treatment facility -- Requirements -- Administrative regulations.
Universal Citation:
KY Rev Stat § 216.505 (2025)
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216.505 Essential personal care visitors to health facility, health service, Medicaid
waiver service, or psychiatric residential treatment facility -- Requirements -Administrative regulations.
(1)
(2)
(3)
As used in this section:
(a) "Health facility" has the same meaning as in KRS Chapter 216B;
(b) "Health service" has the same meaning as in KRS Chapter 216B;
(c) "Medicaid waiver service" means a medical service provided under the
acquired brain injury, the Michelle P. waiver, the supports for community
living, or the home and community based waiver programs; and
(d) "Psychiatric residential treatment facility" has the same meaning as in KRS
216B.450.
Notwithstanding any state law to the contrary, the Cabinet for Health and Family
Services shall require a health facility, health service, Medicaid waiver service, or
psychiatric residential treatment facility to permit in-person resident visitation by at
least one (1) essential personal care visitor, including a family member, legal
guardian, outside caregiver, friend, or volunteer who is important to the mental,
physical, or social well-being of the resident.
The cabinet shall, within fourteen (14) days of the March 22, 2023, promulgate
administrative regulations in accordance with KRS Chapter 13A that, subject to
applicable federal requirements:
(a) Establish procedures for a resident to designate at least one (1) essential
personal care visitor and procedures to change the designated essential
personal care visitor;
(b) Exempt an essential personal care visitor, including during a communicable
disease outbreak in a health facility, health service, Medicaid waiver service,
or psychiatric residential treatment facility, regardless of the resident's
communicable disease status, from any prohibitions on visiting a resident of a
health facility, health service, Medicaid waiver service, or psychiatric
residential treatment facility other than the requirements in this subsection;
(c) Require an essential personal care visitor to follow safety protocols of the
health facility, health service, Medicaid waiver service, or psychiatric
residential treatment facility;
(d) Require an essential personal care visitor to assume a risk of contracting
communicable diseases, provided the health facility, health service, Medicaid
waiver service, or psychiatric residential treatment facility is compliant with
the Kentucky Department for Public Health guidelines;
(e) Permit a health facility, health service, Medicaid waiver service, or
psychiatric residential treatment facility to require a written visitation
agreement with an essential personal care visitor;
(f) Permit a health facility, health service, Medicaid waiver service, or
psychiatric residential treatment facility to limit visitation of an essential
personal care visitor to the resident or residents he or she is approved to visit;
(g) Permit a health facility, health service, Medicaid waiver service, or
(h)
psychiatric residential treatment facility to limit the total number of essential
personal care visitors allowed in the health facility, health service, Medicaid
waiver service, or psychiatric residential treatment facility at any one (1) time;
and
Except as provided in this section, do not require a health facility, health
service, Medicaid waiver service, or psychiatric residential treatment facility
to permit an in-person visitor at all times.
Effective: March 22, 2023
History: Amended 2023 Ky. Acts ch. 47, sec. 1, effective March 22, 2023. -- Created
2022 Ky. Acts ch. 10, sec. 1, effective February 7, 2022.
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