Ky. Rev. Stat. § 205.636

Current through Acts Received April 24, 2024

Section 205.636 - Temporary COVID-19 personal care attendant - Training and competency requirements - Application for waiver or plan amendment

(1) As used in this section:

(a) "COVID-19 pandemic" means the national emergency declaration concerning COVID-19 as declared by the President of the United States and the United States Department of Health and Human Services; and

(b) "Temporary COVID-19 personal care attendant" or "PCA" means a person who is employed and received training in a skilled nursing facility under a temporary accommodation made to address work load increases and staffing shortages caused by the COVID-19 pandemic by the suspension of federal regulatory and statutory provisions by the Centers for Medicare and Medicaid Services.

(2) The Department for Medicaid Services shall accept the training requirements as included in the "Temporary COVID-19 Personal Care Attendant memorandum" issued April 14, 2020, by the Cabinet for Health and Family Services that are completed by a PCA who is in good standing with his or her employer. The PCA shall be deemed a state registered nurse aide and shall be placed on the Kentucky Nurse Aide Registry if:

(a) A minimum of eighty (80) hours of PCA duties have been completed within a skilled nursing facility under the supervision of a licensed or registered nurse; and

(b) Competency has been established by the following:

1. Through an assessment in all areas of required nurse aide training as provided for in 42 C.F.R. sec. 483.152(b) by an instructor who is a licensed nurse confirmed by the facility to have completed instructor training required by the Department for Medicaid Services; and

2. Successful completion of the nurse aide examination.

(3) The Department for Medicaid Services shall:

(a) Apply for any Medicaid waivers or state plan amendments necessary to implement subsection (2) of this section;

(b) Incorporate the provisions under subsection (2) of this section into the nurse aide training and competency evaluation program requirements; and

(c) Promulgate any administration regulation necessary to implement this subsection and subsection (2) of this section.

KRS 205.636

Effective: March 22, 2021

Created 2021 Ky. Acts ch. 58, sec. 1, effective March 22, 2021.

Amended by 2021SP1 Ky. Acts ch. 5,§ 8, eff. 9/10/2021.

Amended by 2021 Ky. Acts ch. 5,§ 8, eff. 9/10/2021.

Added by 2021 Ky. Acts ch. 58,§ 1, eff. 3/22/2021.