UNOFFICIAL COPY AS OF 09/28/1811 REG. SESS.11 RS BR 1243
AN ACT relating to nursing homes.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS 216.537 TO 216.590 IS CREATED TO READ AS FOLLOWS:
(1)The Civil Monetary Penalty Fund Advisory Committee within the Cabinet for Health and Family Services is hereby created. The advisory committee shall be attached to the Cabinet for Health and Family Services for administrative purposes only.
(2)The advisory committee shall be composed of the following:
(a)The secretary of the Cabinet for Health and Family Services;
(b)The commissioner of the Department for Aging and Independent Living;
(c)The commissioner of the Department for Medicaid Services;
(d)The long-term care ombudsman;
(e)A representative of Kentuckians for Nursing Home Reform;
(f)A representative of the Kentucky Association of Health Care Facilities;
(g)A representative of the Kentucky Association of Homes and Services for the Aging;
(h)A representative of the Kentucky Initiative for Quality Nursing Home Standards;
(i)The Senate co-chair of the Interim Joint Committee on Health and Welfare;
(j)The House co-chair of the Interim Joint Committee on Health and Welfare; and
(k)One (1) nursing home facility resident or representative of a nursing home facility resident from each of the fifteen (15) area development districts to be appointed by the executive director of the area development district.
(3)(a)Members appointed under subsection (2)(k) of this section shall be appointed as follows:
1.The initial appointments shall be for a period of two (2) years; thereafter, the appointments shall be for a term of four (4) years; and
2.Members shall not serve more than two (2) terms of four (4) years.
(b)Members serving under subsection (2)(a) to (j) of this section shall serve by virtue of their positions and shall not be subject to term limits.
(c)Members serving under subsections (2)(i) and (j) of this section shall serve as non-voting ex officio members.
(4)The advisory committee may add members from other organizations as deemed appropriate by the committee.
(5)The chair of the advisory committee shall be elected from the membership of the advisory committee to serve for a two (2) year term. A member of the advisory committee may designate an alternate to attend meetings in his or her place.
(6)The advisory committee shall:
(a)Assist in the development of a protocol for the allocation of funds provided by the federal civil monetary penalties collected pursuant to KRS 216.537 to 216.590 that are to be used for projects and activities to benefit nursing home residents; and
(b)Review and monitor the resulting projects and activities.
(7)The advisory committee shall meet no more than two (2) times per year.
(8)The advisory committee shall make an annual report by December 1 to the Governor, the Cabinet for Health and Family Services, the Department for Medicaid Services, and the Legislative Research Commission on the:
(a)Projects and activities recommended by the advisory committee; and
(b)Funds appropriated, received, and spent for the projects and activities recommended by the advisory committee.
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