906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures

What this rule requires your agency to do

• 1If the aide fails to appeal within thirty (30) calendar days or a final order substantiates the finding, the cabinet shall place the individual's name and adverse findings on the abuse registry within ten (10) working days of the last date to appeal or issuance of the final order.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)
• 2The cabinet shall establish and maintain an abuse registry listing nurse aides and home health aides who have had a final order substantiating resident/patient abuse, neglect, or misappropriation of property, or who failed to appeal a preliminary finding.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)
• 3If the preliminary determination is not substantiated in the hearing process, the cabinet shall not place the individual's name on the registry and shall notify the individual.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)
• 4Upon a preliminary determination that a nurse aide (in a nursing facility) or home health aide (employed by a home health agency) committed neglect, abuse, or misappropriation, the cabinet shall notify the aide and the facility/agency in writing by certified mail within ten (10) working days of completing its investigation.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)
• 5The notice must include the nature of the allegation, date/time of occurrence, a summary of evidence, an opportunity to make a written response, hearing procedures and appeal rights, and a statement that the finding will be reported on the registry within ten (10) working days of becoming final.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)
• 6The cabinet shall report substantiated findings in writing within ten (10) working days to the individual, the employing home health agency or nursing facility administrator, and (if known) the current employer.(906 KAR 1:100. Nurse aide abuse registry, home health aide abuse registry, and hearing procedures)