HB 101/FN/LM (BR 422) - R. Palumbo, T. Riner, L. Belcher, M. Denham, D. Graham, J. Jenkins, M. King, J. Richards, J. Wayne, S. Westrom, B. Yonts
AN ACT relating to the protection of adults.
Create a new section of KRS Chapter 209 to define the terms "adult" and "cabinet"; require the Cabinet for Health and Family Services to establish a registry of persons found to have abused, neglected, or exploited an adult; require an appeal process for persons against whom allegations have been substantiated by the cabinet, and prohibit a licensed or certified facility or program from employing a person on the registry; create a new section of KRS Chapter 216B to prohibit health care facilities and services licensed under KRS Chapter 216B from employing, contracting with, or accepting volunteer services from a person whose name appears on the registry; amend KRS 205.5606 to prohibit persons who provide services or supports from employing, contracting with, or accepting volunteer services from a person whose name appears on the registry; amend KRS 210.795 to prohibit an individual whose name appears on the registry from being a provider and to prohibit a provider from employing, contracting with, or accepting volunteer services from a person whose name appears on the registry.
HB 101 - AMENDMENTS
HCS/FN/LM - Delete original provisions; create a new section of KRS 209 to define terms, require the CHFS to begin to prepare to implement a registry of each person against whom a charge of abuse, neglect, or exploitation of an adult has been substantiated, require the CHFS to promulgate regulations upon the implementation of the registry, require adult institutional and community based long term care service providers to not employ a person whose name appears on the registry upon implementation of the registry; require the cabinet to implement a fingerprint-based background check program if federal funds become available for the National Background Check Program from the Centers for Medicare and Medicaid Services; amend KRS 205.5606 to require that each person that provides services under that section shall not employ a person whose name appears on the registry upon implementation of the registry; amend KRS 210.795 to require that upon implementation of the registry a person on the registry is ineligible to be a provider under that statute and providers shall not employ persons whose name appear on the registry; amend KRS 209.140 to state that upon implementation of a registry the names of persons against whom charges of abuse, neglect, or exploitation have been substantiated may be available to potential employers and the public.
HFA (1, R. Palumbo) - Retain original provisions, except add a new subsection to Section 1 to clarify that all administrative hearings will be conducted in accordance with KRS Chapter 13B; state that no names will be added to an adult registry until all administrative appeals and any judicial proceedings or appeals have been completed; delete established assessment.
HFA (2, R. Palumbo) - Retain original provisions, except delete boarding homes from the definition of adult institutional and long term care service provider; give the Cabinet for Health and Family Services permissive authority to create an adult abuse registry; require the cabinet to make the names of adults against whom abuse, neglect, and exploitation have been substantiated by the Cabinet available to potential employers; permit the Cabinet to make those names available to the public.
HFA (3, R. Palumbo) - Retain original provisions except require the cabinet to make the names of adults against whom abuse, neglect, and exploitation has been substantiated available to potential employers and the public.
SFA (1, J. Denton) - Amend KRS 210.365 to delete the word "encounter" and replace it with "required police action" in the reference to interactions of law enforcement officers and persons with mental illness; establish that law enforcement officers shall report to their agencies required police action with persons with mental illness, mental illness and substance abuse disorders, mental illness and mental retardation, mental illness and developmental disabilities, and mental illness and dual diagnoses.
SFA (2, J. Denton) - Amend KRS 216B.020 to require a certificate of need for ophthalmic laser surgery unless services are currently in place or are performed by an ophthalmologist.
SFA (3/Title, J. Denton) - Make title amendment.
SFA (4, J. Denton) - Create a new section of KRS Chapter 202A to permit qualified mental health professionals to conduct an evaluation or examination using telehealth services and require that telehealth services only be provided through the use of interactive video media and forbid the provision of telehealth services through the use of audio-only telephone, facsimile machine, or electronic media.
SFA (5, D. Harper Angel) - Amend KRS 216.710 to add a Class A misdemeanor offense to the definition of crime; add the nurse aide abuse registry to the definitions; amend KRS 216.712 to require a check of the nurse aide abuse registry; prohibit employment of persons listed on the nurse aide abuse registry; require annual criminal background checks and nurse aide abuse registry checks.
(Prefiled by the sponsor(s).)
Jan 4-introduced in House; to Health & Welfare (H)
Feb 1-posted in committee
Feb 10-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 11-2nd reading, to Rules
Feb 14-floor amendment (1) filed to Committee Substitute
Feb 15-posted for passage in the Regular Orders of the Day for Wednesday, February 16, 2011; floor amendment (2) filed to Committee Substitute
Feb 16-floor amendment (3) filed to Committee Substitute
Feb 17-3rd reading, passed 98-0 with Committee Substitute, floor amendments (1) and (3)
Feb 18-received in Senate
Feb 22-floor amendment (1) filed
Feb 23-to Judiciary (S); floor amendments (2) (3-title) (4) and (5) filed
Feb 25-taken from Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 1-floor amendments (1) (2) (3-title) (4) and (5) withdrawn
Mar 2-taken from Judiciary (S); 2nd reading; returned to Judiciary (S)