216.710 Definitions for KRS 216.710 to 216.714.
Download pdf
Loading PDF...
<![CDATA[ Page 1 of 2 216.710 Definitions for KRS 216.710 to 216.714. As used in KRS 216.710 to 216.714: <br>(1) "Cabinet" means the Cabinet for Health and Family Services; <br>(2) "Client" means an individual who has been accepted to receive personal services from a personal services agency; (3) "Crime" means a conviction of or plea of guilty to a felony offense related to theft; abuse or sale of illegal drugs; abuse, neglect, or exploitation of an adult or child; or <br>the commission of a sex crime. Conviction of or a plea of guilty to an offense <br>committed outside the Commonwealth of Kentucky is a crime if the offense would <br>have been a felony if committed in Kentucky; (4) "Department" means a department designated by the Cabinet for Health and Family Services; (5) "Designated representative" means a person who has legal authority or is designated by the client to act on behalf of the client with regard to the action to be taken; (6) "Direct service" means personal or group interaction between the employee and the client; (7) (a) "Personal services" means: 1. Assisting with a client's ambulation and activities of daily living as <br>defined in KRS 194A.700; 2. Facilitating the self-administration of medications if such medications <br>are prepared or directed by a licensed health-care professional or the <br>client's designated representative; 3. Providing services which may be referred to as attendant care, in-home <br>companion, sitter and respite care services, and homemaker services <br>when provided in conjunction with other personal services; and 4. Providing services that enable the client to live safely, comfortably, and <br>independently; (b) "Personal services" excludes the following: 1. Housing and services provided by a health facility or service as defined <br>in KRS 216B.015; 2. Voluntary services provided by employers or membership organizations <br>for their employees, members, and families of the employees or <br>members if the services are not the predominant purpose of the employer <br>or the membership organization's business; 3. House cleaning, laundry, personal shopping, or transportation provided <br>by an entity if the entity offers no other personal services; 4. Services provided by the client's family or by individuals who provide <br>services to no more than three (3) clients concurrently; 5. Individuals or entities that provide all personal services on a voluntary <br>basis; Page 2 of 2 6. Services that require the order of a licensed health-care professional to <br>be lawfully performed in Kentucky; 7. Hospitals or other entities that provide information to consumers <br>regarding persons who are available as caregivers if the hospital or other <br>entity makes no attempt to manage or coordinate the selection of such <br>persons for consumers and a disclaimer is provided that the entity <br>providing the information has not made an independent assessment of <br>the ability of the individual or agency to provide personal services; 8. Free Internet resources that identify potential caregivers; and 9. Any health-care entity or health-care practitioner otherwise licensed, <br>certified, or regulated by local, state, or federal statutes or regulations; (8) "Personal services agency" means any person, business entity, corporation, or association, either for-profit or not-for-profit, that directly provides or makes <br>provision for personal services through: <br>(a) Its own employees or agents; <br>(b) Contractual arrangements with independent contractors; or <br>(c) Referral of persons to render personal services if the person making the referral has an ownership or financial interest that is realized from the delivery <br>of those services; (9) "Parent personal services agency" means a personal services agency located in Kentucky that develops and maintains administrative and fiscal control over a <br>branch office in a different Kentucky location, and does not include an out-of-state <br>personal services agency with a branch office in Kentucky; and (10) "Secretary" means the secretary of the Cabinet for Health and Family Services. Effective: June 25, 2009 <br>History: Created 2009 Ky. Acts ch. 83, sec. 1, effective June 25, 2009. ]]>