17 KAR 3:020. Maximum charge for room and care at state veterans’ nursing homes.

 

      RELATES TO: KRS 40.320, 40.325

      STATUTORY AUTHORITY: KRS 40.325(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.320 identifies the Commonwealth’s duty to provide for the well-being of elderly and disabled veterans within state veterans’ nursing homes. KRS 40.325(2) authorizes the Department of Veterans’ Affairs to promulgate any administrative regulations necessary to operate the homes in compliance with applicable state and federal statutes and regulations. This administrative regulation establishes the maximum monthly resident charge for room and care at state veterans’ nursing homes.

 

      Section 1. Definitions. (1) "Daily cost of care" means the total annual expenditures on nursing home operations divided by the total number of resident care days provided by the three (3) nursing homes during the course of the fiscal year.

      (2) "Department" means the Kentucky Department of Veterans’ Affairs.

      (3) "Nursing home" means a state veterans’ nursing home operated by the Kentucky Department of Veterans' Affairs.

      (4) "Resident" means a veteran admitted to a state veterans’ nursing home.

 

      Section 2. Maximum Monthly Resident Charge. (1) The maximum charge for room and care services at a state veterans’ nursing home shall be $3,700 per month, which shall include medical and nonmedical services provided by the nursing home.

      (2) Medical services obtained from sources other than the nursing home may result in a charge from the source of care to the resident. These medical services may include:

      (a) X-ray;

      (b) Dental;

      (c) Optometry;

      (d) Hospitalization;

      (e) Ambulance service;

      (f) Hearing aids;

      (g) Podiatry;

      (h) Specialized medications not on the formulary; and

      (i) Specialty care and equipment.

      (3) The maximum monthly charge shall be revised periodically based on changes that occur which affect the nursing homes’ expenditures or sources of income. These changes may include:

      (a) Increases in the daily cost of care prompted by inflation in the cost of goods, services, and labor utilized to provide nursing care;

      (b) Availability of general funds appropriated to the department by the legislature for operation of the three (3) state veterans’ nursing homes; or

      (c) Changes in the per diem allocated by the U.S. Department of Veterans' Affairs.

      (4) If changes are made to the maximum monthly charge, each affected resident shall be notified in writing at least thirty (30) days prior to the change taking effect. The maximum amount shall not be changed without an amendment to this administrative regulation made in accordance with KRS Chapter 13A. (33 Ky.R. 1466; Am. 1787; eff. 2-2-2007; 35 Ky.R. 11; 611; eff. 12-4-2008; 38 Ky.R. 1460; eff. 5-4-12.)