KALFA’s frequently asked questions and answers are provided to help an assisted living community (ALC) in Kentucky to understand and interpret specific issues related to applicable state/federal requirements, primarily KRS 194A.700-729 (Assisted Living Communities) and 910 KAR 1:240 (Certification of Assisted Living Communities) that is administered by the Department for Aging and Independent Living (DAIL). KALFA’s information should only be used as a supplement to the statutory and regulatory language.
The statutes and regulation referenced are only intended to reflect KALFA's general understanding and, therefore, may indicate the outer parameters of what is permissible, and should not be relied upon as legal advice. A particular act permitted under statute or regulation may or may not be the most appropriate course of action or best practice in light of all relevant circumstances and factors for a given ALC. Each KALFA recommended best practice (BP) does attempt to take some circumstances and factors into consideration, including an ALC's mission, clients’ needs, staff and policies.
A. The definition of assistance with self-administration of medication in KRS 194A.700 includes, “Storing the medication in a manner that is accessible to the client.” KRS 194A.705 mandates that assistance with self-administration of medication is a service that shall be provided, if requested in the lease agreement, pursuant to KRS 194A.713.
A client who requests medication storage must be provided with a key if the medication is stored under lock and key, and may discontinue storage at any time.
BP. While the law doesn’t specifically prohibit storing a client’s medication outside of the living unit, this practice isn’t recommended, due to potential concerns related to privacy, security, safety and access. However, if a client requests that medication be stored outside of the living unit, an ALC must have applicable policy and procedures, including assurances that the client has unrestricted access to that medication at all times.
A. Yes, so long as it is at the client’s choosing, and the ALC complies with KRS 194A.700 related to assistance with self-administration of medication, i.e., employees don’t fill the dispenser, nor remove or handle medication.
A. No. The definition of assistance with self-administration of medication under KRS 194A.700 includes “Storing the medication in a manner that is accessible to the client.” Storing a client’s medication in a mobile cart does not ensure the medication is accessible to the client.
A. Yes. At the client’s request, and as reflected in the lease agreement (KRS 194A.713), the ALC can lock the client’s medication in the client’s living unit, so long as the client is provided with a key that is accessible to the client, and may discontinue this locked storage at any time.
BP. It is recommended that any ALC which allows a client receiving assistance with self-administration of medication to lock medication in the living unit has applicable policy and procedures that ensure compliance with KRS 194A.700-729.
A. Applying nonprescription topical ointments, lotions, soaps and shampoos that contain any type of medication constitutes a health service, as defined in KRS 216B.015, due to the potential risk for adverse health effects and decision-making.
It is permissible to apply nonprescription topical ointments, lotions, soaps and shampoos that don’t contain any type of medication, or when initiating first aid.
BP. It is recommended that an ALC access the FDA’s National Drug Code Directory web page below to determine if specific topical ointments, lotions, soaps and shampoos are registered as drugs with the FDA, thus prohibiting ALC employees from applying those topical ointments, lotions, soaps and shampoos, pursuant to KRS 216B.015.
A. No. The ALC is limited to assisting with self-administration of medication related to oral medications and eye drops, due to the potential for adverse health effects and decision-making that would constitute a health service, as defined in KRS 216B.015.
A. Yes. So long as the client administers the medication, the steadying of a client’s hand does not constitute a health service, as defined in KRS 216B.015.
BP. It is recommended that, if an ALC permits steadying of a client’s hand, then this service be addressed in staff orientation and in-service education under assistance with self-administration of medication.
Yes. This is a clerical service under the definition of instrumental activities of daily living (KRS 194A.700).
BP. It is recommended that this not be a common practice, due to potential concerns related to privacy, security, safety and access.
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Can a client arrange for any outside entity of choice to administer medication?
Yes. KRS 194A.705 is not limiting in stating that clients of an ALC may arrange for additional services under direct contract or arrangement with an outside agent, professional, provider or other individual so designated by the client, if permitted by the policies of the ALC.
However, per the definition of health services in KRS 216B.015, any person providing clinically-related services to two or more people is required to be licensed as a private duty nurse, home health agency or another applicable health care provider.
BP. It is recommended that an ALC’s policy regarding a client’s right to arrange for additional services under direct contract or arrangement should stipulate the client is responsible for ensuring that any outside agent, professional, provider or other individual complies with this policy.
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Can ALC employees apply medicated prescription or nonprescription dermal (skin) patches?
A. No. The ALC is limited to assisting with self-administration of dermal (skin) patches, due to the potential for adverse health effects and decision-making that would constitute a health service, as defined in KRS 216B.015.
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Can an ALC employee administer vitamins to a client?
No. The ALC is limited to assisting with self-administration of vitamins, due to the potential for adverse health effects and decision-making that would constitute a health service, as defined in KRS 216B.015.
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Can an ALC document assistance with self-administration of medication?
A. Yes. Although documentation is not required under law, an ALC may document, so long as no decisions or advice are provided that would constitute a health service, as defined in KRS 216B.015.
BP. It is recommended that an ALC maintain a document that is dated and initialed by the assigned staff member(s) and/or client when the client receives assistance with self-administration of medication, pursuant to the lease agreement (KRS 194A.713).
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At a client’s request, is an ALC allowed to telephone, fax or deliver a written prescription to a pharmacy?
A. Yes. This is a clerical service under the definition of instrumental activities of daily living (KRS 194A.700).
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At the client’s request, can the ALC pick up medications at the pharmacy?
A. Yes. This is a clerical service under the definition of instrumental activities of daily living (KRS 194A.700).
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Can employees of assisted living communities retrieve spilled nonliquid medication?
A. Yes. If the client requests this assistance, retrieving spilled nonliquid medication is a clerical function, so long as confirming that all medication has been retrieved is the sole responsibility of the client. If retrieved, the employee shall only provide assistance with self-administration of medication, i.e., the employee shall not place the retrieved medication in the client’s hand, because that would constitute administration of medication.
BP. Determining potential contamination, use or disposal of the medication is the sole responsibility of the client.
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Does the locking of doors for delayed egress in an area such as a unit designed for clients with dementia constitute a health service, as defined in KRS 216B.015?
A. No. The locking of doors for delayed egress does not constitute a health service, as defined in KRS 216B.015. However, pursuant to KRS 194A.703, a client shall be provided access to central dining, a laundry facility, and a central living room.
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Under the NFPA Life Safety Code (LSC), can an ALC have delayed egress locks on its exit doors?
Yes. The 2006 LSC provides that approved, listed, delayed-egress locks shall be permitted to be installed on doors serving low and ordinary hazard contents in buildings protected throughout by an approved, supervised automatic fire detection system in accordance with Section 9.6 or an approved, supervised automatic sprinkler system in accordance with Section 9.7, and where permitted in Chapter 12 through Chapter 42, provided that specific criteria are met, including required signage.
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What are the fire drill requirements for assisted living communities?
A. According to the State Fire Marshal, each ALC must have evacuation capability documentation that ensures at least six fire drills occur per year, based upon a bimonthly schedule, and with at least two held during inconvenient times, primarily sleeping hours. The alarm or smoke detectors must be used. While some exceptions do apply, actual evacuation is required, including the opportunity to use all required exits and means of escape.
BP. It is recommended that an ALC have policies in place to address clients’ safety and well-being after evacuating the building to deal with issues such as extreme weather conditions.
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When conducting a fire drill during an inconvenient time, primarily sleeping hours, is the ALC required to do so without prior announcement?
A. No.
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Is it required that an ALC update a client’s functional needs assessment?
A. Yes. 910 KAR 1:240 requires that a functional needs assessment reflects a client’s ongoing ability, pursuant to KRS 194A.711, to perform activities of daily living and instrumental activities of daily living.
In addition, an ALC that provides special programming, pursuant to KRS 194A.713, 194A.715 and 194A.719, shall update the functional needs assessment at least annually.
BP. It is recommended that an ALC seek input from the client, key managers and direct caregivers regarding that client’s functional needs assessment.
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Does the functional needs assessment have to be updated if the client has directly arranged for ADL or IADL services to be provided under direct contract or arrangement?
A. Yes. Regardless of who provides ADL or IADL services, 910 KAR 1:240 requires that a functional needs assessment reflects a client’s ongoing ability to perform activities of daily living and instrumental activities of daily living.
In addition, an ALC that provides special programming, pursuant to KRS 194A.713, 194A.715 and 194A.719, shall update the functional needs assessment at least annually.
BP. An ALC must ensure that the client isn’t a danger, regardless of who provides the ADL or IADL services.
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Does use of the term “total assistance” in a functional needs assessment mean that a client is a danger?
A. Not necessarily, depending on the client’s situation. There are numerous examples of total assistance with IADLS, such as laundry or transportation, that don’t mean the client is a danger.
However, unrelated to danger, the client must be able to participate at least to some degree in every ADL and IADL.
BP. It is recommended that an ALC avoid using the term “total assistance”.
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Can an ALC request history and physical forms and other health-related documents from a client?
A. Yes. The law does not prohibit the ALC from requesting, and the client from providing, optional information helpful to identify services that meet the client’s needs, so long as decisions are not being made, or advice being given, that constitute a health service, as defined in KRS 216B.
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Is an ALC required to request that a client receive an assessment from an outside entity or health care provider?
A. No.
BP. Under circumstances where it might be insightful, the ALC may find it prudent to request that a client receive an assessment from a health care provider to ensure that the client isn’t a danger remaining in the ALC.
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Is specific information required to be collected in determining a client’s personal preferences and social factors?
A. No, but KRS 194A.713 mandates that the lease agreement include information regarding personal preferences and social factors.
BP. It is recommended that the ALC be able to demonstrate that its daily social activities address the general preferences of its clients, as required by KRS 194A.705. Conducting a written client survey may be a helpful tool to determine the clients’ general preferences, and also to show that activities tailored to respond to those likes do address the clients’ general preferences.
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Does the law limit assistance with transferring in an ALC?
A. No. Transferring is an activity of daily living, as defined in KRS 194A.700.
Pursuant to life safety codes, all clients must be able to safely evacuate during a fire or like emergency at any time. Any clients requiring assistance, such as with transferring or cueing, must be identified in the evacuation capability documentation and applicable staff training.
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Does the law limit assistance with toileting in an ALC?
A. No. Toileting is an activity of daily living, as defined in KRS 194A.700.
BP. It is recommended that ALC employees be trained to understand that providing invasive bowel/bladder care or advice constitutes a health service (examples: enema, catheter, new ostomy), as defined in KRS 216B.015.
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Does the law limit assistance with eating in an ALC?
A. No. Eating is an activity of daily living, as defined in KRS 194A.700.
BP. It is recommended that ALC employees should be generally aware that providing assistance with eating differs from feeding a client, and as a result, some nutritional interventions do constitute a health service (i.e., feeding tube), as defined in KRS 216B.015.
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Can an ALC accommodate a client’s request for specific foods and/or fluids?
A. Yes. Accommodating a client’s request, if agreed to by the ALC, is not prohibited under KRS 194A.700-729. The employees must not provide clinical assessment or consultation that would constitute a health service, as defined in KRS 216B.015.
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Upon request by a client, can an employee of an ALC provide hand-over-hand assistance when the client is initiating and self-administering a blood sugar test?
A. Yes. Upon request by a client, an employee can provide hand-over-hand assistance if the client is initiating and self-administering the test. However, employees cannot interpret or advise the client on the clinical results of the test, nor calibrate the equipment.
In addition, although the employee is only providing hand-over-hand assistance, it is feasible that OSHA or other federal standards could be applicable, due to the potential exposure and associated risks of blood spills, contamination, etc.
BP. It is recommended that an ALC which allows employees to provide hand-over-hand assistance with blood sugar tests should maintain a policy & procedures and training on this service.
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Can an ALC employee remove, empty, clean and replace the bag of a colostomy or catheter?
A. Yes. However, the employee must not provide clinical assessment or consultation that would constitute a health service, as defined in KRS 216B.015.
BP. It is recommended that an ALC has applicable policy & procedures and training, and employees should be generally aware of what would otherwise constitute a health service, as defined in KRS 216B.015, when performing this function.
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Does turning a client in bed constitute a health service?
A. No. However, employees must not provide clinical assessment or consultation that would constitute a health service, as defined in KRS 216B.015.
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Can an ALC employee remove and reinsert a client’s hearing aid?
A. Yes. Removing and reinserting a client’s hearing aid isn’t an invasive function that constitutes a health service, as defined in KRS 216B.015.
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Can an ALC employee assist a client in recording and transmitting pacemaker readings?
A. Yes. This is a clerical service under the definition of instrumental activities of daily living (KRS 194A.700). The employee must not provide clinical assessment or consultation that would constitute a health service, as defined in KRS 216B.015.
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Upon request, can an ALC employee replace oxygen equipment for a client?
A. Yes. However, the ALC employee cannot turn on/off the flow of oxygen, nor recalibrate or adjust any concentration levels, because those functions would constitute a health service, as defined in KRS 216B.015.
BP. It is recommended that ALC employees should be generally aware of what would otherwise constitute a health service, as defined in KRS 216B.015, and appropriate storage when performing this function.
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Is physical safety equipment, such as a safety belt on a wheelchair, prohibited in an ALC?
A. No, physical safety equipment isn’t prohibited, so long it is the client’s decision, the client isn’t a danger and he/she can safely evacuate in the case of an emergency.
BP. It is recommended that an ALC has applicable policy & procedures and training.
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What type of first aid can an ALC employee provide for a client?
A. First aid doesn’t constitute a health service, as defined in KRS 216B.015. With the client’s consent and to the extent that the client is unable, the employee may render first aid (i.e., initially clean wound area, apply topical ointment and adhesive bandage, apply ice/heat, etc.). First aid does not include ongoing treatment.
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If desired by a client, can an ALC provide wellness checks for clients, such as taking vitals and weights?
A. Yes. However, interpretations and advice that constitute a health service, as defined in KRS 216B.015, shall not be made or communicated by the ALC employees.
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If desired by a client, can an ALC maintain documentation on wellness checks provided to a client, such as vital signs and weights?
A. Yes. This is a clerical service under the definition of instrumental activities of daily living (KRS 194A.700). Interpretations and advice shall not be made or given, respectively, by the ALC employees if such interpretations and advice constitute a health service, as defined in KRS 216B.015.
BP. It is recommended that wellness check documentation be provided to the client, rather than being maintained by the ALC.
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What is a “temporary health condition”?
A. “Temporary health condition”, is defined in 910 KAR 1:240 as a condition that affects a client and for which health services are being provided in accordance with KRS 194A.711 and:
(a) The client loses mobility either before or after entering a lease agreement with the ALC but is expected to regain mobility; or
(b) The client loses mobility after entering a lease agreement and is not expected to recover and the provided health services are hospice or similar end-of-life services.
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What documentation is required for a client who has a temporary health condition, including hospice or similar end-of-life services?
A. 910 KAR 1:240 requires documentation in a client’s file:
From a licensed health care professional defined by KRS 216.300(1) or entity providing the health service pursuant to KRS 194A.711:
(i) Requested of the client by the ALC; and
(ii) That states the client has a temporary health condition pursuant to KRS 194A.711(1); and
From the ALC to ensure that the client is not a danger, including if hospice or similar end-of-life services are provided.
BP. It is recommended the ALC should request from a client that documentation from a health care professional or entity verify necessary services are provided to ensure the client isn’t a danger. Additionally, ALC employees should be generally aware of what would constitute a health service, as defined in KRS 216B.015, related to procuring this documentation.
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If a client is not ambulatory or mobile nonambulatory due to a temporary health condition for which health services are being provided in accordance with KRS 194A.705(2) and (3), can ALC employees provide assistance with ambulation during this temporary period?
A. Yes. Kentucky statutes don’t prohibit assistance with ambulation when a client is not ambulatory or mobile nonambulatory due to a temporary health condition, so long as the client is not a danger.
Pursuant to life safety codes, all clients must be able to safely evacuate during a fire or like emergency at any time. Any clients requiring assistance or cueing must be identified in the evacuation capability documentation and applicable staff training.
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Is an ALC required to implement its most recent approved plan of correction?
A. Yes. 910 KAR 1:240 states that certification may be revoked if an ALC fails to implement its most recent approved plan of correction under current ownership and within the plan of correction’s specified timeframe.
BP. It is recommended that an ALC’s plan of correction should carefully outline attainable action to correct an area of noncompliance within a realistic time frame, without making unrealistic or unnecessary assurances.
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Is DAIL required to immediately notify an ALC of a finding of danger during a complaint or certification review?
A. Yes. 910 KAR 1:240 requires that DAIL immediately notify the ALC during the on-site meeting and provide the DAIL-ALC-4, Statement of Danger.
BP. It is recommended that the ALC request as much information as possible during the on-site meeting and attempt to satisfactorily resolve the alleged danger prior to DAIL’s departure.
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If DAIL finds a danger, when does an ALC have to begin to implement a plan to correct that danger?
A. 910 KAR 1:240 requires that, within 48 hours, unless issued on a Friday and then by 4:30 p.m. eastern standard time of the next business day, of receiving the DAIL-ALC-4 Statement of Danger, the ALC shall begin to implement a plan to correct the danger and shall submit a written response to DAIL. The response must confirm how the danger has been eliminated, why the danger is disputed or that a move-out notice has been initiated and the ALC has begun the process of assisting the client to find appropriate living arrangements.
BP. It is recommended that, before beginning to implement a plan and responding in writing to DAIL, the ALC clearly understand what finding of danger DAIL has issued. This may require more fact finding to determine the most appropriate next step.
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Does an ALC have informal and formal appeal rights to dispute a finding of danger if DAIL upholds its initial finding after receiving the ALC’s written response?
A. Yes. If, after reviewing the ALC’s written response, DAIL determines the client remains a danger, DAIL shall notify the ALC in writing that:
(a) Certification may be denied or revoked;
(b) The ALC has the right to an informal dispute resolution meeting:
1. Between DAIL and the ALC;
2. For the purpose of attempting to resolve a dispute, including the provision of additional documentation or support materials; and
3. To be requested by the ALC in writing within three business days of receiving DAIL’s written notice; and
(c) It has appeal rights pursuant to Section 11 of this administrative regulation if:
1. An informal dispute resolution meeting is not requested; or
2. A dispute is not resolved with the informal dispute resolution meeting.
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Can DAIL determine if an ALC is providing a health service, as defined in KRS 216B.015?
A. Yes. DAIL can make that determination, and will withhold certification until the ALC discontinues the provision of that health service.
Further, DAIL is required under law to report to the Office of Inspector General any alleged or actual cases of health services being delivered.
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Does the orientation and in-service education requirement obligate an ALC to perform CPR?
A. No. KRS 194A.719 only addresses orientation and in-service education, the content of which is at the discretion of the ALC. An ALC may choose not to perform CPR, so long as that policy is disclosed to each client, pursuant to KRS 194A.713.
BP. It is recommended that an ALC ensure that all employees are fully informed of the community’s respective policy and procedures concerning CPR.
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Is an ALC required to adhere to a client’s advance directive, pursuant to KRS 311.621-643?
A. No.
BP. An ALC should disclose to each prospective client its policy related to recognizing advance directives, if applicable.
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Is an ALC required to document its orientation and in-service education?
A. Yes. 910 KAR 1:240 requires an ALC to have documentation on orientation and in-service education, as applicable to each employee’s assigned duties.
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Does a specific deadline apply for completing orientation education for employees?
A. Yes. Pursuant to 910 KAR 1:240, orientation shall be completed within 90 days.
BP. It is recommended that, prior to providing direct services to a client, employees should receive orientation education on client rights, community policies, adult abuse/neglect and emergency procedures.
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Does a new employee, including a re-hire who has already received orientation on some or all of the required topics, have to repeat that training?
A. Yes. KRS 194A.719 requires that ALC staff and management shall receive orientation on specific topics, as applicable to the employee's assigned duties.
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Is ongoing in-service education required for an employee?
A. Yes. 910 KAR 1:240 requires that in-service education shall be provided on an annual basis.
KRS 194A.719 does require in-service education on all listed topics, but not every topic during every year. Topics to be provided in the annual in-service education shall be determined by the ALC, as required for each employee to perform his or her assigned duties.
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Can an ALC employee “moonlight” to provide services under direct arrangement with a client, including health services?
A. Yes. Subject to an ALC’s own policy, the law doesn’t prohibit an employee from “moonlighting” to provide services under direct arrangement with a client.
However, per the definition of health services in KRS 216B.015, any person providing clinically-related services to two or more people is required to be licensed as a private duty nurse, home health agency or another applicable health care provider.
BP. KALFA does not recommend this practice, due to the potential for noncompliance with KRS 194A.700-729 and applicable state/federal labor laws, as well as the need to avoid the appearance of impropriety.
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Can an ALC employ licensed health care professionals, such as nurses?
A. Yes. However, as ALC employees, those professionals may not provide a health service, as defined by KRS 216B.015.
BP. Care should be taken when establishing the professional's role and writing the job description to recognize that any person, regardless of credentials, who is employed by an ALC may not provide a health service, as defined by KRS 216B.015.
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What is the ALC’s responsibility for assisting a client who receives a move-out notice?
A. Pursuant to KRS 194A.705 and KRS 194A.713, the ALC should share information provided by DAIL and should discuss options for alternative living arrangements.
BP. It is recommended that an ALC contact DAIL at 502-564-6930 if the ALC needs the information that it is required to be shared under law.
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Can an ALC use the term “resident” in a lease agreement?
A. Yes. However, because the statute uses the term “client”, the first reference should be “client” and, if desired, thereafter referred to as “resident”.
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Is an ALC required to check the state’s nurse aide abuse registry?
A. No.
BP. It is recommended that, since this option is available, an ALC should check the state’s nurse aide abuse registry on all applicants for employment.
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Does the law require an ALC to conduct criminal record checks on employees?
A. Yes. KRS 216.785-793 requires that criminal record checks be conducted on applicants for employment, except those hired before July 14, 2000.
910 KAR 1:240 requires that a criminal record check be applied for within seven days from date of an employee’s hire.
BP. It is recommended that the criminal record check be received prior to the employee being hired or having direct service contact with clients without supervision.
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Under what circumstances shall an ALC’s certification be denied or revoked?
A. Certification shall be denied or revoked if:
(a)(1) DAIL determines upon a complaint or certification review that an ALC knowingly employed an individual convicted of an offense prohibited by KRS 216.789(1) or 216.789(2) as disclosed by the individual’s employment application or a criminal records check and if the ALC fails to immediately terminate the employment upon DAIL’s finding; or
(2) the same repeat violation of knowingly employing a prohibited individual is found by DAIL within a three year period; or
(b) An ALC or applicant fails to submit a plan of correction to DAIL as specified in the regulation.
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Under what circumstances unrelated to a citation of danger or an ALC’s failure to implement its most recent plan of correction may certification be denied or revoked?
A. Certification may be denied or revoked if an ALC:
(a) Fails to apply for certification as specified in the regulation;
(b) Submits a completed DAIL-ALC-1, ALC Certification Application more than 15 days late for two consecutive years; or
(c) Fails to submit a completed DAIL-ALC-1, ALC Certification Application within 30 days of July 1.
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Does the regulation provide a dispute resolution process for non-danger citations?
A. Yes. 910 KAR 1:240 stipulates that, if DAIL determines after reviewing the amended plan of correction that certification may be denied or revoked, DAIL shall notify the ALC within 10 business days of the determination and with the:
(a) Opportunity for an informal dispute resolution meeting:
- Between:
- DAIL; and
- The ALC;
- To be held within 15 days of the ALC’s receipt of the notice; and
- To address a dispute, including the provision of additional documentation or support materials.
In addition, the ALC has the right to an administrative hearing if an informal dispute resolution meeting is not requested, or a dispute is not resolved with the informal dispute resolution meeting.
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Is an ALC required to comply with the federal HIPAA requirements related to a health care provider’s electronic transmission of confidential health care information and billing data?
A. No. The federal HIPAA requirements related to electronic submission of confidential health care information, within the context of this question, apply to health care providers that electronically submit the federally-specified information and billing data. Assisted living communities in Kentucky are not classified as health care providers.
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What is required of an ALC that increases or decreases the number of living units?
A. 910 KAR 1:240 states that, if there is an increase in the number of living units, an ALC shall reapply for certification with DAIL not less than 60 days prior to the increase. The certification fee will be prorated.
If there is a decrease in the number of living units, an ALC shall notify DAIL within 60 days of the decrease.
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Can an ALC use the terminology ‘personal care’ in its marketing literature, documents and activities?
A. Kentucky law doesn’t expressly prohibit an ALC from using the term ‘personal care’, but using the term ‘personal care home’ is strictly prohibited unless the business is licensed as a personal care home.
BP. An ALC should refrain from using the term ‘personal care’ in its marketing literature, documents and activities, so as to avoid confusing and/or misleading consumers and potentially violating Kentucky statutes/regulations.
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Are assisted living communities subject to OSHA requirements?
A. Yes. As employers, assisted living communities must comply with OSHA’s general industry standards, recordkeeping, etc. In addition, because ALC employees may be exposed during the course of their work duties to blood or other potentially infectious material (OPIM), the community must also have an exposure control plan and other related measures to comply with the bloodborne pathogens standard.
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Can a multi-level campus that includes an ALC have joint marketing materials?
A. Yes. To ensure truth in advertising, the materials should clearly delineate the services offered in each level of care on the campus.
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Can a multi-level campus that includes an ALC have a single lease agreement?
A. Yes. KRS 194A.700-729 does not prohibit an ALC from sharing a single lease agreement, so long as that document complies with KRS 194A.713.
BP. It is recommended that, given the specificity of KRS 194A.713, an ALC should refrain from using a single lease agreement for multiple levels of care on the same campus.
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Can a multi-level campus that includes an ALC share the same policies and procedures?
A. Yes. KRS 194A.700-729 does not prohibit an ALC from sharing the same policies and procedures, so long the ALC complies with all statutory and regulatory requirements.
BP. It is recommended that, given the specificity of KRS 194A.700-729 and 910 KAR 1:240, an ALC should refrain from sharing the same policies and procedures for multiple levels of care on the same campus.
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Can the employees of a multi-level campus that includes an ALC participate in joint training?
A. Yes. The training must ensure the ALC’s compliance with the orientation and in-service education requirements of KRS 194A.719.
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Is a separate criminal records check required for an ALC employee for whom a prior criminal records check was conducted on the same multi-level campus under common ownership?
A. No. A separate criminal records check is not required.
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Are employees from another level(s) of care on a multi-level campus that includes an ALC prohibited from providing services in the ALC?
A. No. Pursuant to KRS 194A.717, the ALC must ensure staffing is sufficient in number and qualification to meet the 24 hour scheduled and unscheduled needs of its clients and the services provided, and that one awake staff member is on site at all times. With those requirements satisfied, it is at the ALC’s discretion regarding what other persons, including employees from other levels of care on the same campus, are allowed to provide services.
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