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902 KAR 20:081 Section 3 — Administration and Operation
KentuckyregulationKentucky Cabinet for Health and Family Services· effective 2022-02-10
What this rule requires your agency to do
- 1The licensee shall establish written policies governing acceptance of patients (based on medical, nursing, and social information) and establishment and review of the plan of care (established, signed, and reviewed by the physician, APRN, or PA) (Section 3(2)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 2The agency shall conduct a systematic program evaluation at least once every two (2) years, including sample patient-record review and a management review to assure economy and efficiency (Section 3(8)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 3The licensee shall be legally responsible for the operation of the home health agency and for compliance with federal, state, and local laws and administrative regulations pertaining to the service (Section 3(1)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 4The status of each patient and the plan of care shall be reviewed as often as the patient's illness requires but no less than every two (2) months / maximum sixty (60) days by agency staff and the practitioner (Section 3(4)(a)); verbal authorizations to change the plan of care shall be put in writing, signed, dated, and signed by the practitioner within thirty (30) days (Section 3(4)(b)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 5The agency shall maintain a clinical record for each patient covering all services and pertinent medical, nursing, and social information; original medical records shall not be removed except by court order (Section 3(5)(a)-(b)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 6Each agency shall develop and annually review a long-range plan (needs assessment, agency role, staff expansion, goals/objectives, coordination of volunteer/community activities) (Section 3(9)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 7Original drug orders and changes in drug orders shall be signed by the prescribing practitioner and incorporated in the patient record; verbal drug orders shall be reviewed and signed by the same prescribing practitioner within thirty (30) days (Section 3(6)-(7)).(902 KAR 20:081 Section 3 — Administration and Operation)
- 8The agency shall maintain confidentiality and security of medical records in compliance with HIPAA (42 U.S.C. 1320d-2 to 1320d-8; 45 C.F.R. Parts 160 and 164), including security requirements of subparts A and C of 45 C.F.R. Part 164 (Section 3(5)(c)).(902 KAR 20:081 Section 3 — Administration and Operation)
Applies to: personal care
Sets the core administrative and operational duties of a licensed Kentucky home health agency: licensee legal responsibility, written operating policies (patient acceptance, plan-of-care establishment and review), clinical record maintenance and HIPAA-compliant confidentiality, drug-order documentation and signature timelines, biennial program evaluation, long-range planning, and rules for subdivisions operating as an agency. Framework topic: Administration & Governance / Recordkeeping & Confidentiality.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.