Regulation Updates

Regulation Updates

March 14, 2024

900 KAR 5:020 (ordinary) State Plan

Summary: This amendment is the 2023 Update to the State Health Plan. Like the emergency version, it adds new language to allow acute care hospitals to convert existing acute care beds to psychiatric beds for adult patients if certain conditions are met. In addition, this ordinary amendment deletes outdated language referring to tuberculosis beds; adds language to allow a long-term care pediatric facility to add 50 or fewer beds if certain conditions are met; amends language to allow an acute care hospital, a critical access hospital, or a nursing facility to establish or expand a home health service to provide services exclusively to their patients who require home health services at the time of discharge; deletes the criteria for megavoltage radiation and magnetic resonance imaging, thereby making those services subject to nonsubstantive review; and amends the criteria for ophthalmological ambulatory surgical centers.

900 KAR 6:075, Certificate of Need nonsubstantive review. (Ordinary)
Summary: Like the emergency version, this amendment grants nonsubstantive review status to Certificate of Need (CON) applications submitted by licensed hospitals that wish to convert existing acute care beds to psychiatric beds for adult patients under certain conditions and permits such applications to be subject to nonsubstantive review. This ordinary amendment also grants nonsubstantive review status to: CON applications from accredited hospitals seeking to provide megavoltage radiation therapy; applications to provide positron emission tomography services; applications to provide magnetic resonance imaging services and applications from a hospital or nursing facility proposing to establish or expand a home health service to serve patients discharged from its facility.​


December 6, 2023​

902 KAR 20:036 - Operations and Services; Personal Care Homes

This amendment is necessary to align with the passage of SB110 which was passed in the 2023 session, which amended KRS 194A.705(2)(c) and requires all long-term care facilities that provide basic health and health-related services or dementia care services to ensure that unlicensed staff administering different levels of prescription drugs be trained and licensed in a program certified by the Kentucky Board of Nursing (KBN).  This amendment aligns  with the Third Amended Settlement Agreement (TASA) that was entered by the cabinet on June 21, 2023 with Kentucky Protection & Advocacy as it relates to services provided to individuals with serious mental illness (SMI) and regulations as they pertain to Personal Care Homes (PCHs) and Specialized Personal Care Homes (SPCHs).​

November 13, 2023​
902 KAR 20:048

This amendment makes changes needed to reflect the enactment of SB 110 during the 2023 legislative session, which amended KRS 194A.705(2)(c). This amendment requires unlicensed staff who administer medications to nursing home residents under the delegation of a nurse to be a certified medication aide (CMA) I or Kentucky medication aide, or be a CMA II.

902 KAR 20:086

This amendment makes changes needed to reflect the enactment of SB 110 during the 2023 legislative session which amended KRS 194A.705(2)(c).  This amendment requires unlicensed staff who administer medications to ICF/IID residents under the delegation of a nurse to be a certified medication aide (CMA) I or Kentucky medication aide, or be a CMA II. ​

Contact Information