Mar. 16, 2023
900 KAR 5:020 (ordinary) State Plan
Summary: This amendment is the 2023 Update to the State Health Plan. Like the emergency version, it adds new language to allow acute care hospitals to convert existing acute care beds to psychiatric beds for adult patients if certain conditions are met. In addition, this ordinary amendment deletes outdated language referring to tuberculosis beds; adds language to allow a long-term care pediatric facility to add 50 or fewer beds if certain conditions are met; amends language to allow an acute care hospital, a critical access hospital, or a nursing facility to establish or expand a home health service to provide services exclusively to their patients who require home health services at the time of discharge; deletes the criteria for megavoltage radiation and magnetic resonance imaging, thereby making those services subject to nonsubstantive review; and amends the criteria for ophthalmological ambulatory surgical centers.
900 KAR 5:020E (emergency) State Plan
Summary: This emergency amendment adds new
language to allow acute care hospitals to convert existing acute care
beds to psychiatric beds for adult patients if certain conditions are
900 KAR 6:075E, Certificate of Need nonsubstantive review. (Emergency)
Summary: This emergency amendment grants nonsubstantive review status to certificate of need (CON) applications submitted by licensed hospitals that wish to convert existing acute care beds to psychiatric beds for adult patients under certain conditions and permits such applications to be subject to nonsubstantive review.
900 KAR 6:075, Certificate of Need nonsubstantive review. (Ordinary)
Summary: Like the emergency version, this amendment grants nonsubstantive review status to CON applications submitted by licensed hospitals that wish to convert existing acute care beds to psychiatric beds for adult patients under certain conditions and permits such applications to be subject to nonsubstantive review. This ordinary amendment also grants nonsubstantive review status to: CON applications from accredited hospitals seeking to provide megavoltage radiation therapy; applications to provide positron emission tomography services; applications to provide magnetic resonance imaging services; and applications from a hospital or nursing facility proposing to establish or expand a home health service to serve patients discharged from its facility.
Jan. 01, 2023
902 KAR 20:490
Summary: This new administrative regulation establishes the minimum licensure requirements for small rural hospitals that wish to convert to a rural emergency hospital (REH). The Centers for Medicare and Medicaid Services will implement the new REH provider type effective January 1, 2023 in accordance with the Consolidated Appropriations Act of 2021 to promote equality in health care for those living in rural communities by facilitating access to needed services. The REH designation is in response to the loss of essential health care services in rural areas due to hospital closures.
Note: There is a 902 KAR 20:490E. This is emergency regulation verson is identical to 902 KAR 20 and became effective upon filing. Application
Nov. 9, 2022
902 KAR 55:110
Summary: This amendment aligns the regulation with 2020 amendments to federal law, 42 C.F.R. Part 2, which now allows reporting of controlled substances dispensed to treat substance use disorder to state prescription drug monitoring programs. State law requires all dispensed controlled substances be reported to the Kentucky All Schedule Prescription Electronic Reporting system (KASPER). This amendment enables implementation of changes to KASPER to require narcotic treatment programs to report dispensing of controlled substances and to reference federal privacy requirements.
KASPER Report Request
Nov. 3, 2022
902 KAR 20:480
Summary: Pursuant to the 2022 passage of SB 11, this regulation establishes minimum licensure requirements for the operation of social model assisted living communities (ALCs), ALCs that provide basic health and health-related services, and ALCs with a secured dementia care unit. The “amended after comments” regulation replaces all references to “registered nurse” with “nurse” so that a licensed practical nurse who provides services pursuant to KRS 194A.700(7)(g) may delegate nursing tasks; clarifies that unlicensed staff who administer medications under the delegation of a nurse must be a certified medication aide or have successfully completed a medication aide training program accepted by the Kentucky Board of Nursing and a skills competency evaluation; and makes a number of other changes summarized on pages 51 and 52.
Proposed Functional Needs Assessment