Text of KY HB 392 (2025)
AN ACT relating to state-operated mental health facilities.
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As introduced
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25 RS BR 945
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AN ACT relating to state-operated mental health facilities.
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Be it enacted by the General Assembly of the Commonwealth of Kentucky:
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Section 1. KRS 210.040 is amended to read as follows:
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The Cabinet for Health and Family Services shall:
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(1)
Exercise all functions of the state in relation to the administration and operation of
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the state facilities[institutions] for the care and treatment of persons with mental
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illness;
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(2)
Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550,
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other or additional facilities for psychiatric care and treatment of persons who are or
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may become state charges;
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(3)
Cooperate with other state agencies for the development of a statewide mental
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health program looking toward the prevention of mental illness and the
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aftercare[post-institutional care] of persons released from public or private mental
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hospitals;
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(4)
Provide for the custody, maintenance, care, and medical and psychiatric treatment
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of the patients of the facilities[institutions] operated by the cabinet, including
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emergency and other medical care required to be provided outside of the facility
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while the patient is admitted to the facility. Expenses of the outside medical
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provider, other than elective procedures or elective surgery, shall be paid by the
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cabinet and included in the determination of the patient liability when not
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covered by the patient's third-party payor;
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(5)
Provide psychiatric consultation for the state penal and correctional institutions, and
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for the state facilities[institutions] operated for children or for persons with an
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intellectual disability;
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(6)
Administer and supervise programs for the [noninstitutional ]care of persons with
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mental illness outside of state facilities;
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(7)
Administer and supervise programs for the care of persons with chronic mental
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25 RS BR 945
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illness, including but not limited to provision of the following:
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(a)
Identification of persons with chronic mental illness residing in the area to be
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served;
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(b)
Assistance to persons with chronic mental illness in gaining access to
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essential mental health services, medical and rehabilitation services,
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employment, housing, and other support services designed to enable persons
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with chronic mental illness to function outside inpatient facilities[institutions]
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to the maximum extent of their capabilities;
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(c)
Establishment of community-based transitional living facilities with twenty-
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four (24) hour supervision and community-based cooperative facilities with
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part-time supervision; provided that, no more than either one (1) transitional
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facility or one (1) cooperative facility may be established in a county
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containing a city of the first class or consolidated local government with any
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funds available to the cabinet;
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(d)
Assurance of the availability of a case manager for each person with chronic
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mental illness to determine what services are needed and to be responsible for
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their provision; and
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(e)
Coordination of the provision of mental health and related support services
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with the provision of other support services to persons with chronic mental
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illness;
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(8)
Require all providers who receive public funds through state contracts, state grants,
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or reimbursement for services provided to have formalized quality assurance and
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quality improvement processes, including but not limited to a grievance procedure;
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and
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(9)
Supervise private mental hospitals receiving patients committed by order of a court.
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