RALNA Kentucky Legislative Update February 2, 2022

KENTUCKY ALERT

RALNA members in Kentucky are advised that a new licensing law is moving quickly through the Kentucky General Assembly. Owners and operators of small homes should pay attention to this law and get involved now if they have any concerns about its provisions.

This law, known as SB 11, has passed the Senate by a wide margin and is now under consideration by a House committee. The law would amend KSA 194A.700 and is modeled on recent reforms made by the state of Minnesota and, like Minnesota, it appears to be aimed at limiting personal care homes in favor of licensed assisted living facilities. The main issue that we see with this bill is that the physical plant requirements for an assisted living facility may preclude RALs that are located in single-family homes due to bedroom and bathroom requirements. If a Personal Care Home cannot meet the physical plant requirements to be an assisted living facility, it will be limited in the types of residents it can accept.

The existing law related to assisted living communities (KSA 194A.700) requires that resident bedrooms be at least 200 square feet for single rooms and double rooms. The law also requires that each room have a private bathroom that includes a tub or shower.

The new bill establishes two categories for assisted living licensure:

1) assisted living community, and
2) assisted living community with dementia care.

Personal care homes that meet the physical plant requirements for assisted living will have their licenses converted as of the date of the act. A personal care home that does not meet the physical plant requirements for assisted living will need to apply once it can meet the requirements.

It does appear that the law will still allow personal care home licenses for those homes that can’t meet the assisted living physical plant requirements. However, the services that a PCH can offer do not include assisted living services. Residents must be able to perform most activities of daily living by themselves.

RALNA members are advised to contact their House representative immediately to raise any objections to this bill.

To track these and other bills and regulations, go to RALNA’s real-time tracking boards:

2022 Legislative Tracking Board

2022 Regulatory Tracking Board

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