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McBrayer Blogs
Updates and Modernization of Kentucky's Assisted Living Legal Framework
Since 2022, Kentucky's assisted living community regulations have undergone significant updates. The recent updates to Kentucky’s assisted living community laws and regulations enhance resident safety and improve the communities that support them. Although Senate Bill (SB) 11 passed in 2022, as is often the case with complex regulatory frameworks, the applicable regulations were promulgated and enacted well into the end of 2023.
These regulations contain some ambiguities, and providers in this industry are only now beginning to implement these changes and apply them practically to serve their patients. With the assistance of experienced healthcare attorneys at McBrayer, we are able to interpret and guide assisted living providers in navigating this new world of assisted living community regulation.
These changes have enhanced oversight and established higher standards for assisted living facilities, including those that provide dementia care. Many have referred to these legislative changes as a "modernization" of Kentucky's assisted living services. Key updates include Senate Bill 11 from 2022, and changes to the regulations found at 902 KAR 20:480 and 910 KAR 1:240.
SB 11 from Kentucky's 2022 Legislative Session amended laws regarding long-term care facilities under KRS 194A. This bill expanded the scope of services provided by assisted living communities, allowing these facilities to provide basic healthcare and dementia care services to their residents. The new licensure categories are as follows:
- The social model (Assisted Living Community without basic health services, ALC).
- The healthcare model (Assisted Living Community with Basic Health/Health-Related Services, ALC-BH).
- Assisted Living Community with dementia care (includes dementia care services in a secured dementia unit, ALC-DC).
Personal care homes, including apartment-style facilities that meet assisted living building standards, are now licensed as healthcare model ALCs. This healthcare model allows ALCs that provide basic health and health-related care to offer essential services directly within the assisted living community. Furthermore, this option enables communities with a dementia care facility, ALC-DC, to support their residents in aging in a familiar environment. Additionally, residents requiring hospice care can remain in their assisted living homes for the provision of hospice services.
Additionally, SB 11 has amended many regulations regarding assisted living operations, with the following notable highlights:
- An expanded list of services that assisted living communities may provide.
- Enhanced staffing and training requirements, including completing staff orientation on relevant topics before employees begin independent care for residents and always having at least one awake staff member on-site.
- New enforcement and penalty provisions for addressing violations identified during Office of Inspector General inspections.
Kentucky’s changes to assisted living community laws and regulations prioritize resident safety and elevate the quality of community care and support throughout different levels of care. For help in navigating these new requirements, contact the healthcare attorneys at McBrayer.
Valerie Michael is an Associate at McBrayer's Lexington office. Ms. Michael focuses her area of practice on healthcare law, handling a wide variety of matters, such as healthcare professional licensure defense, compliance, and regulatory issues. Ms. Michael can be reached at vmichael@mcbrayerfirm.com or (859) 231-8780.
Services may be performed by others. This article does not constitute legal advice.
