Changes to Regulatory Requirements for Personal Care Homes

Changes to Regulatory Requirements for Personal Care Homes

A revised version of 902 KAR 20:036, Operation and services; personal care homes, became effective on July 29, 2020, after consideration by the Health, Welfare, and Family Services Committee meeting. There is a link to the revised regulation on the OIG website.

The amendment to the regulation makes the changes described below (the item in bold print is the new screening form requirement for all new admits and current residents):

• It updates the definitions, removes obsolete language, and adds definitions of “qualified mental health professional” and “serious mental illness.”
• The amendment also adds a definition of a “specialized personal care home (SPCH).”
• An SPCH is defined as a personal care home that participates in the mental illness or intellectual disability (MI/ID) supplement program pursuant to 921 KAR 2:015 or otherwise serves residents in which thirty-five (35) percent or more of the resident population has a serious mental illness (SMI).
• The amendment requires each SPCH to develop and implement written transition procedures to ensure cooperation with an individual or entity that assists with transitioning residents with an SMI to a community living arrangement.
• It also requires the administrator of an SPCH and at least one (1) direct care staff member to complete the MI/ID training workshop established by 921 KAR 2:015, Section 14, no later than January 29, 2021, and every two (2) years thereafter. Those trainings are currently held at Central, Eastern, and Western State Hospitals. Contact Alpiger@ky.govat Central State, Sara.Lucas@uky.edu at Eastern State, or SusanE.Reynolds@ky.gov at Western State for more information.
• The regulation also requires completion of the SMI Screening Form linked here: https://chfs.ky.gov/agencies/os/oig/dhc/Documents/SMIScreeningForm.pdffor each new or returning resident at the time of admission, and it requires completion of the SMI Screening form for each current resident no later than October 29, 2020 (this requirement will apply to PCHs in addition to SPCHs) (completion of these forms will provide a count of how many residents have SMI, and therefore determine if the 35% threshold is met and the facility is an SPCH).
• It adds a cross-reference to 902 KAR 20:205 which establishes the tuberculosis screening requirements for employees of health facilities.
• The amendment requires a summary or a copy of the resident’s records to be provided to the resident and the resident’s guardian if the resident transitions to a community living setting.
• It clarifies requirements related to the destruction of expired or unused controlled substances that are destroyed on-site.
• It adds cross-references to pharmacy regulations for those PCHs and SPCHs that store and administer controlled and non-controlled substances.
• It requires an SPCH to collaborate with the agency or team that is working with residents transitioning to community living pursuant to 908 KAR 2:065 to offer basic instruction in ADLs and IADLs to each resident who is identified as working to transition. ADL and IADL skills training include instruction that is integrated into the normal rhythms of life.
• The amendment requires an SPCH to maintain monthly documentation of ADL and IADL skills instruction provided to, or made available to and refused by, residents who are transitioning to living independently in the community.
• Finally, it also adds language to clarify that an SPCH is not responsible for selecting which residents receive basic instruction in ADLs and IADLs nor is the PCH responsible for ensuring mastery of the skills.