Health and Family Services Cabinet
New Regulation Requires Certification for Personal Services Agencies
Personal services agencies must now obtain certification from the Cabinet for Health and Family Services (CHFS), as the result of a recent state regulation.
Under the new regulation, certification as a personal services agency is mandatory for any individual or business entity that provides personal services to four or more clients. Personal services include in-home, attendant type care intended to help people meet their day-to-day activities, and live safely and independently. Personal services do not include medical, nursing or other health-related services.
Personal services agencies currently operating in Kentucky must apply for certification through the CHFS Office of Inspector General by Dec. 31.
“This new regulation will help ensure that Kentucky’s personal services agencies are taking steps necessary to protect the health, safety and welfare of their clients,” said Kerry Harvey, CHFS general counsel and acting inspector general. “These agencies are charged with providing much-needed services for some of our state’s most vulnerable citizens. Like all businesses that provide these services, it’s imperative they are properly regulated.”
During the 2009 legislative session, the General Assembly passed Senate Bill 22 requiring any entity currently operating a personal services agency in Kentucky to file an application for certification by Dec. 31. Individuals and entities not required to apply for certification include:
− Those that provide services to no more than three clients.
− Health facilities or health services currently licensed under Kentucky Revised Statutes Chapter 216B.
− Currently licensed or certified health-care practitioners.
− Businesses or individuals providing house cleaning, laundry, personal shopping or transportation, but offer no other personal services.
The OIG’s initial and annual certification review process will not require an on-site visit of personal services agencies. However, the OIG will conduct an on-site inspection of a certified personal services agency in the event of a complaint that an agency is not complying with the statute; of abuse or neglect of the client; or if an agency employee is alleged to have provided services to a client that exceed the scope of services or facilitated the self-administration of medication in a manner that fails to comply with the criteria established in state law.
For more information or to download the application for a personal services agency, the regulation and applicable statute go to http://chfs.ky.gov/os/oig/Personal+Services+Agencies.htm.