922 KAR 5:060. Compensation for guardianship program services.

RELATES TO: KRS 210.290, 386.180, 387.760(2)

      STATUTORY AUTHORITY: KRS 194A.050, 210.290, 386.180

      NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 210.290 and 387.760(2) the Cabinet for Health and Family Services is entitled to receive reasonable compensation for services rendered and for reasonable and necessary expenses incurred in the exercise of its assigned guardianship or conservatorship duties and powers. This administrative regulation sets forth the policies which shall be employed by the Cabinet for Families and Children when charging for services administered by the guardianship program.

      Section 1. Definitions. (1) "Cash resources" means accumulated funds in the guardianship account in excess of the cost of living.

      (2) "Cost of living" means charges or costs for a ward for:

      (a) Clothing;

      (b) Food;

      (c) Maintenance;

      (d) Medical care;

      (e) Personal needs;

      (f) Shelter; and

      (g) Other necessities of life.

      Section 2. Compensation. (1) Except as provided by subsection (3) of this section, the Cabinet for Health and Family Services shall collect compensation for services rendered and expenses incurred by the guardianship program, that exceed the costs of living for a ward pursuant to KRS 210.290(5) and 386.180.

      (2) For those wards whose income and resources are limited to the extent that they are eligible for benefits under the Medical Assistance Program, the annual compensation charged shall not exceed:

      (a) $120 for those wards whose cash resources are between $1,000 and the maximum level to remain eligible for benefits under the medical assistance program.

      (b) Sixty (60) dollars for those wards whose cash resources are between $500 and $999.

      (c) For those wards whose case resources are less than $500, no compensation shall be charged.

      (3)(a) If a charge for compensation would deprive a ward of funds required for his cost of living, it may be waived.

      (b) A charge for compensation may be waived by the cabinet:

      1. On its initiative; or

      2. Upon request by the ward, or his representative.

      (4) If a dispute over the waiver of charges for compensation cannot be resolved between the Cabinet for Health and Family Services and the ward, the matter may, by request of either party be referred to the district court having appropriate venue for resolution. (17 Ky.R. 3075; Am. 3470; 18 Ky.R. 52; eff. 6-19-91; Recodified from 905 KAR 5:060, 10-30-98.)