Legal Memorandum: Audit of a Nursing Home's Files in KY


Area of Law: Government Programs and Benefits, Healthcare & Pharmaceutical Law Compliance
Keywords: Nursing homes; Audit; Inspections
Jurisdiction: Kentucky
Cited Cases: None
Cited Statutes: 906 Ky. Admin. Regs. 1:010, § 5; Ky. Rev. Stat. § 216.530(1); § 216.575; 906 Ky. Admin. Regs. 1:010, § 14
Date: 08/01/2008

The regulations of the Cabinet for Health and Family Services that relate to audits and inspections adopt by reference several manuals of the Department of Medicaid Services, including two titled “Kentucky Medical Assistance Program Nursing Facility Services Manual" and the “Skilled Nursing Facilities Manual.”  906 Ky. Admin. Regs. 1:010, section 5.  Neither manual is available online,*FN1 and both manuals seem to deal with financial issues.  The Center for Medicare and Medicaid Services State Operations Manual, supra, has detailed protocols for nursing home or long-term care facility inspections, and there are additional provisions in the Kentucky Statutes.

Inspections of facilities are to be made at least annually, although if a facility has a record of good inspections, inspections may be no more than fifteen months apart.  State Operations Manual, Appendix P.  Inspections are to be made unannounced.  See Ky. Rev. Stat. § 216.530(1).  An employee of the Health and Family Services Cabinet who gives notice to a facility that it will be inspected is subject to discipline, demotion, or dismissal.  Id. § 216.575.


*FN1 A copy of each manual “is on file in the Office of Inspector General, 275 East Main Street, Frankfort, Kentucky 40621 and is open to public inspection.”   906 Ky. Admin. Regs. 1:010, section 14.


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