Request By:
Mr. Ralph Mitchell
Federal Land Bank Building
P.O. Box 361
Shelbyville, Kentucky 40065
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: George Geoghegan, III, Assistant Deputy Attorney General
This letter is in response to your request for information on House Bill 217 entitled "An act relating to the rights of residents in long-term care facilities. " Your first question asks whether this act applies to such facilities as The Old Masons Home of Kentucky. House Bill 217(1) states:
"Long-term care facilities" means those health care facilities in the Commonwealth which are defined by the Kentucky health facilities and health services certificate of need and licensure board to be family care homes, personal care homes, intermediate care facilities, skilled nursing facilities, nursing homes, and intermediate care facilities for the mentally retarded and developmentally disabled.
In the Kentucky Administration Regulations Service the Kentucky health facilities and health services certificate of need and licensure board has defined those institutions listed in House Bill 217(1). Those definitions can be found in 902 KAR 20:030; 902 KAR 20:040; 902 KAR 20:045; 902 KAR 20:050 and 902 KAR 20:085.
As this office is not familiar with the facilities and operations of The Old Masons Home of Kentucky we are unable to determine if this institution falls within the scope of House Bill 217.
Assuming that House Bill 217 does apply to residents of The Old Masons Home of Kentucky you then ask whether the legislature can restrict the rights of residents to contract with the Home respecting their "Bill of Rights."
Like all rights granted to citizens the individual has the right to waive the protection of such rights. Such waiver must be completely voluntary and with the individual's knowledge of the rights being waived.
However, such waiver cannot be the basis for determining acceptance into such facilities in light of the fact that the facilities are operating under a license granted by the Commonwealth.
Third, you ask whether House Bill 217 relieves the residents of such homes as The Old Masons Home of their contractual obligation to a "cheerful obedience to all the rules and regulations adopted for the government of the Home."? It is our opinion that to the extent that such contractual obligation is in direct conflict with provisions of House Bill 217 the legislative mandate must control unless the resident makes an effective waiver as discussed previously.