205.460 Essential services -- Funding -- Collection of fees and contributions. - Kentucky Statutes

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205.460 Essential services -- Funding -- Collection of fees and contributions. (1) The cabinet shall fund, directly or through a contracting entity or entities, in each district, a program of essential services which shall have as its primary purpose the
prevention of unnecessary institutionalization of functionally impaired elderly
persons. The cabinet may use funds appropriated under this section to contract with
public and private agencies, long-term care facilities, local governments, and other
providers to provide core and essential services. The cabinet may provide core and
essential services when such services cannot otherwise be purchased. (2) In providing essential services, all existing community resources available to functionally impaired elderly persons shall be utilized. Additional services may be
provided, but shall not be funded from funds appropriated under this section.
Volunteers may be used where practicable to provide essential services to
functionally impaired elderly persons. The cabinet or contracting entity shall
provide or arrange for the provision of training and supervision of volunteers to
ensure the delivery of quality services. The cabinet or contracting entity shall
provide or arrange for appropriate insurance coverage to protect volunteers from
personal liability while acting within the scope of their volunteer duties. In
providing essential services under this section, the cabinet shall provide services to
meet the needs of the minority elderly as identified by the cabinet pursuant to KRS
205.201. (3) Entities contracting with the cabinet to provide essential services under KRS 205.455 and this section shall provide a minimum of fifteen percent (15%) of the
funding necessary for the support of program operations. No local match is required
for assessment and case management. Local contributions, whether materials,
commodities, transportation, office space, personal services, or other types of
facilities services, or funds may be evaluated and counted toward the fifteen percent
(15%) local funding requirements. (4) When possible, funding for core services may be obtained under: (a) The Comprehensive Annual Social Services Program plan under Title XX of the Social Security Act; (b) The Medical Assistance Plan under Titles XVIII and XIX of the Social Security Act; (c) The State Plan on Aging under the Older Americans Act; or
(d) Veteran's benefit programs under the provisions of 38 U.S.C. secs. 1 et seq., as amended. The cabinet may seek federal waivers if necessary to enable the use of funds
provided through Titles XVIII and XIX of the Social Security Act for the provision
of essential services. (5) Providers contracting with the cabinet to provide essential services shall be responsible for the collection of fees and contributions for services in accordance
with administrative regulations promulgated by the cabinet. Providers are
authorized to assess and collect fees for services rendered in accordance with those
administrative regulations. To help pay for essential services received, a functionally impaired elderly person shall pay an amount of money based on an
overall ability to pay in accordance with a schedule of fees established by the
cabinet. Fees shall reflect the degree to which the cabinet or contracting entity uses
volunteers in the provision of services. Where essential services are provided by
volunteers, fees shall only be assessed in an amount that will cover the cost of
materials and other goods used in the provision of services. The cost of materials
and other goods used by volunteers shall be reasonably similar to the cost of goods
when paid personnel are used. Fees shall not be required of any person who is
"needy aged" as defined in KRS 205.010; however, voluntary contributions may be
encouraged. This subsection shall not apply to programs utilizing federal funds
when administrative regulations require contributions to revert to the original
funding source. Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 246, sec. 5, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 280, sec. 2, effective July 15, 1988. -- Created 1982 Ky. Acts
ch. 169, sec. 2, effective July 15, 1982.