17 KAR 3:020. Maximum charge for room and

care at state veterans’ nursing homes.

 

      RELATES TO: KRS 40.320, 40.325

      STATUTORY AUTHORITY: KRS 40.325(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

40.320 identifies the Commonwealth’s duty to provide for the well-being of elderly

and disabled veterans within state veterans’ nursing homes. KRS 40.325(2)

authorizes the Department of Veterans’ Affairs to promulgate any administrative

regulations necessary to operate the homes in compliance with applicable state

and federal statutes and regulations. This administrative regulation

establishes the maximum monthly resident charge for room and care at state veterans’

nursing homes.

 

      Section 1. Definitions. (1) "Daily

cost of care" means the total annual expenditures on nursing home

operations divided by the total number of resident care days provided by the

three (3) nursing homes during the course of the fiscal year.

      (2) "Department" means the

Kentucky Department of Veterans’ Affairs.

      (3) "Nursing home" means a

state veterans’ nursing home operated by the Kentucky Department of Veterans'

Affairs.

      (4) "Resident" means a veteran

admitted to a state veterans’ nursing home.

 

      Section 2. Maximum Monthly Resident

Charge. (1) The maximum charge for room and care services at a state veterans’

nursing home shall be $3,700 per month, which shall include medical and

nonmedical services provided by the nursing home.

      (2) Medical services obtained from

sources other than the nursing home may result in a charge from the source of

care to the resident. These medical services may include:

      (a) X-ray;

      (b) Dental;

      (c) Optometry;

      (d) Hospitalization;

      (e) Ambulance service;

      (f) Hearing aids;

      (g) Podiatry;

      (h) Specialized medications not on the

formulary; and

      (i) Specialty care and equipment.

      (3) The maximum monthly charge shall be

revised periodically based on changes that occur which affect the nursing

homes’ expenditures or sources of income. These changes may include:

      (a) Increases in the daily cost of care

prompted by inflation in the cost of goods, services, and labor utilized to

provide nursing care;

      (b) Availability of general funds

appropriated to the department by the legislature for operation of the three

(3) state veterans’ nursing

homes; or

      (c) Changes in the per diem allocated by

the U.S. Department of Veterans' Affairs.

      (4) If changes are made to the maximum

monthly charge, each affected resident shall be notified in writing at least

thirty (30) days prior to the change taking effect. The maximum amount shall

not be changed without an amendment to this administrative regulation made in

accordance with KRS Chapter 13A. (33 Ky.R. 1466; Am. 1787; eff. 2-2-2007; 35

Ky.R. 11; 611; eff. 12-4-2008; 38 Ky.R. 1460; eff. 5-4-12.)