Certification as a personal services agency is mandatory for any individual who provides personal services to four or more clients. Although a family member or an individual who provides personal services to three or fewer clients is exempt from certification, any company or business entity which is not currently licensed as a health facility, but which provides personal services must apply for certification regardless of the number of clients served. 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.
Effective July 15, 2010, House Bill 415 amends state law (KRS 216.712) to require that each personal services agency which provides direct care to clients maintain a policy regarding the acceptance of personal gifts, gratuities or loans from clients.
Language from the bill: Each personal services agency providing direct care to clients shall have a policy that addresses the acceptance of personal gifts, gratuities, or loans from a client by the agency and by any employee, agent, or contractor of the personal services agency. The policy shall not be required to apply to personal gifts, gratuities or loans to the agency made by family members or friends of the client. The policy shall, at a minimum:
(a) Prohibit the solicitation of personal gifts, gratuities, or loans from a client; and
(b) Specify the conditions under which gifts, gratuities, or loans from a client may be accepted by the agency and by any employee, agent, or contractor of the personal services agency.
To verify compliance with the above requirement, your agency must submit a copy of its policy regarding the acceptance of gifts, gratuities, or loans at the time of:
Initial application for certification,
Annual recertification, or
A change of ownership.
For more information, please contact the Office of Inspector General, Division of Health Care at (502) 564-7963.