907 KAR 1:044. Community mental health center services.

 

      RELATES TO: RELATES TO: KRS 194A.060, 205.520(3), 205.8451(9), 422.317, 434.840-434.860, 42 C.F.R. 415.208, 431.52, 431 Subpart F

      STATUTORY AUTHORITY: KRS 194A.030(2), 194A.050(1), 205.520(3), 210.450, 42 U.S.C. 1396a-d,

      NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health and Family Services has responsibility to administer the Medicaid Program. KRS 205.520(3) authorizes the cabinet, by administrative regulation, to comply with any requirement that may be imposed or opportunity presented by federal law for the provision of medical assistance to Kentucky's indigent citizenry. This administrative regulation establishes the provisions for community mental health center (CMHC) services.

 

      Section 1. Definitions. (1) "Community mental health center" or "CMHC" means a facility which meets the community mental health center requirements established in 902 KAR 20:091.

      (2) "Department" means the Department for Medicaid Services or its designee.

 

      Section 2. Requirements for a Psychiatric Nurse. A registered nurse employed by a participating community mental health center shall be considered a psychiatric or mental health nurse if he or she:

      (1) Possesses a master of science in nursing with a specialty in psychiatric or mental health nursing;

      (2)(a) Is a graduate of a four (4) year nursing educational program with a bachelor of science in nursing; and

      (b) Possesses at least one (1) year of experience in a mental health setting;

      (3)(a) Is a graduate of a three (3) year nursing educational program; and

      (b) Possesses at least two (2) years of experience in a mental health setting;

      (4)(a) Is a graduate of a two (2) year nursing educational program with an associate degree in nursing; and

      (b) At least three (3) years of experience in a mental health setting; or

      (5) Possesses any level of education with American Nursing Association certification as a psychiatric or mental health nurse.

 

      Section 3. Community Mental Health Center Services Manual. The conditions for participation, services covered, and limitations for the community mental health center services component of the Medicaid Program shall be as specified in this administrative regulation and the Community Mental Health Center Services Manual.

 

      Section 4. Covered Services. Inpatient services, outpatient services, therapeutic rehabilitation services, emergency services and personal care home services shall be covered if the service:

      (1) Is provided by a community mental health center; and

      (2) Is provided in accordance with this administrative regulation and the Community Mental Health Center Services Manual.

 

      Section 5. Electronic Documents and Signatures. (1) The creation, transmission, storage, or other use of electronic signatures and documents shall comply with requirements established in KRS 369.101 to 369.120 and all applicable state and federal laws and regulations.

      (2) A CMHC choosing to utilize electronic signatures shall:

      (a) Develop and implement a written security policy which shall:

      1. Be complied with by each of the center's employees, officers, agents, and contractors; and

      2. Stipulate which individuals have access to which electronic signatures and password authorization:

      (b) Ensure that electronic signatures are created, transmitted and stored securely; and

      (c) Develop a consent form which shall:

      1. Be completed and executed by each individual utilizing an electronic signature;

      2. Attest to the signature's authenticity; and

      3. Include a statement indicating that the individual has been notified of his or her responsibility in allowing the use of the electronic signature.

 

      Section 6. Appeal Rights. (1) An appeal of a department decision regarding a Medicaid recipient based upon an application of this administrative regulation shall be in accordance with 907 KAR 1:563.

      (2) An appeal of a department decision regarding a Medicaid provider based upon an application of this administrative regulation shall be in accordance with 907 KAR 1:671.

 

      Section 7. Incorporation by Reference. (1) The "Community Mental Health Center Services Manual", January 2008 edition, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Medicaid Services, 275 East Main Street, 6th Floor West, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (Recodified from 904 KAR 1:044, 5-2-86; Am. 15 Ky.R. 2461; eff. 8-5-89; 18 Ky.R. 915; eff. 10-16-91; 20 Ky.R. 663; eff. 10-21-93; 32 Ky.R. 1801; 2039; 2276; eff. 7-7-2006; 34 Ky.R. 1825; 2313; 2404 eff. 6-6-2008.)