2018 KHA Hot Bills


The following is a list of bills that are priorities for KHA during the 2018 General Assembly

Prepared by: Nancy Galvagni
E-mail: snicholson@kyha.com
Report created on April 26, 2024
 
HB40CRIMINAL RECORDS (OWENS D) AN ACT relating to criminal records.

Amend KRS 431.076 to expand the scope of an expungement motion under that statute to include felonies referred to a grand jury where no indictment ensues; amend KRS 431.078 to expand that statute's expungement process to include Class D felonies; amend KRS 527.040 to expressly provide that an expunged felony does not trigger the application of that statute; create a new section of KRS Chapter 413 to prohibit the introduction of information pertaining to an expunged conviction as evidence in a civil suit or administrative proceeding alleging negligent hiring or licensing.
 Current Status:   4/12/2016 - SIGNED BY GOVERNOR
 Recent Status:   4/1/2016 - delivered to Governor
4/1/2016 - Enrolled, Signed by President of the Senate
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB40.htm
 
HB42SUBSTANCE ABUSE (KEENE D) AN ACT relating to involuntary treatment for substance abuse.

Amend KRS 202A.011 to include substance use in the definition of "mentally ill person"; amend KRS 218A.133 to ensure that a petition may be filed pursuant to KRS Chapter 202A.
 Current Status:   1/5/2016 - (H) Referred to Committee House Judiciary
 Recent Status:   1/5/2016 - Introduced (Pre-Filed)
9/4/2015 - Pre-Filed
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB42.htm
 
HB94MENTAL HEALTH TREATMENT (BURCH T) AN ACT relating to court-ordered outpatient mental health treatment.

Amend KRS 202A.081 to require that an attorney is present for a patient agreed order and allow a peer support specialist to be present; require the court to appoint a case management service or team employed by a community mental health center to develop a comprehensive treatment plan, monitor treatment adherence, and report on the person's functioning; require that the case management service or team be available 24/7 and adequately trained; provide that failure to abide by the order may result in rehospitalization provided that the criteria are met, procedures are initiated via affidavit by the case management service or team, and mental health examinations take place at community mental health centers; permit additional orders with due process; require that patient agreed order services are covered by Medicaid; require that courts report such orders to the Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnoses; and rename this commitment process a patient agreed order; amend KRS 202A.261 to exempt certain hospitals from being required to provide particular services; amend KRS 202A.271 to require certain hospitals to be paid for services performed under portions of this Act at the same rates the hospital negotiates for other services; create new sections of KRS Chapter 202A to create a process for District Courts to order assisted outpatient mental health treatment; provide for transportation processes for the purposes of a mental health examination; establish eligibility and court proceedings; require a mental health examination and the development of a treatment plan; establish the process for hearings; require the court to appoint a case management team or service to monitor and report on the person under order; authorize 72-hour emergency admission for failure to comply with orders; provide for the right to stay, vacate, or modify orders; provide for a process to change a treatment plan; permit an additional period of treatment to be ordered provided certain criteria are met; require that assisted outpatient treatment services are covered by Medicaid; and name these sections of the bill "Tim's Law."
 Current Status:   3/14/2016 - (S) Referred to Committee Senate Appropriations and Revenue
 Recent Status:   3/11/2016 - received in Senate
3/10/2016 - (H) THIRD READING, passed 96-0 with Committee Substitute (2) committee amendment (1-title)
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB94.htm
 
HB95TELEHEALTH SERVICES (BURCH T) AN ACT relating to telehealth services.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services to submit a waiver or waiver amendment to the Centers for Medicare and Medicaid Services in order to provide coverage for home telemonitoring services and direct-to-patient telehealth services; define terms; amend KRS 273.443 to permit community action agencies to use federal funds to ensure adequate access to health care; create a new section of KRS 273.410 to 273.453 to require the state administering agency to establish a program to permit telehealth consultation services and require Medicaid coverage; and amend KRS 205.559 to permit state administering agencies to receive Medicaid reimbursement for telehealth consultation services.
 Current Status:   4/13/2016 - SIGNED BY GOVERNOR
 Recent Status:   4/1/2016 - delivered to Governor
4/1/2016 - floor amendment (1) filed to Committee Substitute
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB95.htm
 
HB115COLON CANCER PREVENTION (BURCH T) AN ACT relating to colon cancer prevention.

Amend KRS 214.542 to include eligible underinsured individuals in the colon cancer screening program; direct the Department for Public Health to promulgate administrative regulations to develop a schedule of income-based fees that may be charged for screening, examination, treatment, and rescreening and a data collection system to document the services performed under the program.
 Current Status:   4/7/2016 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE
 Recent Status:   4/7/2016 - Filed with Secretary of State; without Governor's signature
3/25/2016 - delivered to Governor
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB115.htm
 
HB118MEDICAID CLAIMS (STUMBO G) AN ACT relating to the prompt payment of Medicaid claims and declaring an emergency.

Create a new section of KRS Chapter 205 to clarify how distance is calculated by a medicaid managed care organization (MCO); create new sections of KRS Chapter 205 to define terms; clarify that a medical loss ratio (MLR) is calculated as long as it supplements federal law; require the minimum MLR for an MCO to be equal to or higher than 85% for each year; establish requirements for the numerator and denominator of the MLR; require a remittance for a MLR if the 85% standard is not met; establish an attestation of accuracy and require submission of certain data; require recalculation of the MLR when a retroactive change is made to a capitation payment; prohibit bonus or incentive payments to providers or subcontractors based on whether the MLR is met or exceeded; require submission to the Department of Medicaid Services of supplemental financial schedules to reconcile expense reports; establish timeframe for submission of supplemental financial schedules; amend KRS 304.17A-730 to require the commissioner of the Department of Insurance (DOI) to enforce Kentucky's prompt payment laws as they relate to disputes between the providers of care to Medicaid recipients and Medicaid Managed care organizations and Medicaid recipients and the MCOs; allow a Medicaid recipient or provider to file a claim with the DOI for a failure to comply with Kentucky's prompt payment statutes; allow a hearing to be requested when the claim is denied or after 30 days of nonpayment; allow a hearing to be requested for a claim designated as "less than clean" after 120 days of nonpayment; allow multiple claims to be reviewed in one complaint; allow the DOI to charge a filing fee to cover its reasonable expenses; allow the DOI to investigate issues arising through the report process; require eligible claims to be filed within 30 days, require a ruling within 30 days if no hearing is held and 60 days if a hearing is held; encourage reporting form documents be forwarded to State Auditor for review; exempt fee-for-service Medicaid; permit interest rate of 14% to be charged for nonpayment and provide for additional penalties for nonpayment; require the commissioner of the DOI authority to enforce Kentucky's prompt payment laws as they relate to disputes between the DMS, Medicaid recipients, providers of care to Medicaid recipients, or a managed care company contracting with the DMS to provide care to Medicaid recipients; require the DOI to establish an internal appeals and hearing process for review of prompt payment claims; guarantee that currently existing unpaid "clean" or "less than clean" claims or any claims that arise after the effective date of the bill and before the implementation of hearing regulations shall be guaranteed interest payments and that each day shall continue to count as a separate violation even without a hearing process established; amend KRS 304.17A-722 to require additional reporting of original and corrected claims and pharmacy claims administered by insuurers; EMERGENCY.
 Current Status:   2/4/2016 - (S) Referred to Committee Senate Appropriations and Revenue
 Recent Status:   2/2/2016 - received in Senate
2/1/2016 - (H) THIRD READING, passed 92-0 with Committee Substitute (1), committee amendment (1-title)
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB118.htm
 
HB160DISPOSAL OF MEDICAL WASTE (DENHAM M) AN ACT relating to safe disposal of hypodermic needles and medical waste.

Create a new section of KRS Chapter 214 to require the Department for Public Health to establish guidelines for safe disposal of hypodermic syringes, needles, and sharps and provide these guidelines to certain medical facilities and pharmacies.
 Current Status:   4/12/2016 - Missing Action!; for concurrence w/SCS 1
 Recent Status:   4/1/2016 - Missing Action!; for concurrence w/SCS 1
3/29/2016 - Missing Action!; for Concurrence w/SCS 1
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB160.htm
 
HB278WAGES (STUMBO G) AN ACT relating to wages.

Amend KRS 337.275 to raise the state minimum wage to $8.20 per hour on August 1, 2016, $9.15 per hour on July 1, 2017, and $10.10 per hour on July 1, 2018; amend KRS 337.010 the definition of employees of retail stores and service industries, to increase the applicable threshold of business that applies to from $95,000 to $500,000; amend KRS 337.420 to define "equivalent jobs" as those that are equal under the federal Equal Pay Act, or jobs that are dissimilar but equivalent in skill, effort, responsibility, and working conditions; amend KRS 337.423 to prohibit wage discrimination on the basis of sex, race, or national origin by prohibiting wage differentials for employees who perform equivalent jobs; provide exceptions for wage differentials based on seniority or merit systems, systems that measure wages by quantity or quality of production, and factors other than sex, race, or national origin; amend KRS 337.425 to require the promulgation of administrative regulations to specify criteria for determining jobs that are dominated by employees of a particular sex, race, or national origin, and acceptable methodology for determining equivalent skill, effort, responsibility, and working conditions; require that the promulgation occur on or before July 1, 2017; EFFECTIVE July 1, 2018.
 Current Status:   4/12/2016 - (H) Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA,1,2,3,4
 Recent Status:   4/1/2016 - (H) Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA 1,2,3,4
3/29/2016 - (H) Posted for Passage in Regular Orders of the Day; w/HCS 1, HFA 1,2,3,4
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB278.htm
 
HB282BALANCE BILLINGS (BELCHER L) AN ACT relating to balance billings.

Create a new section of KRS 304.14-500 to 304.14-550 to prohibit health care providers from charging Medicare beneficiaries more than a reasonable charge for services as determined by the United States Secretary for Health and Human Services.
 Current Status:   2/2/2016 - (H) posted in committee House Health and Welfare
 Recent Status:   1/21/2016 - (H) Referred to Committee House Health and Welfare
1/20/2016 - Introduced
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/HB282.htm
 
SB6MEDICAL REVIEW PANELS (ALVARADO R) AN ACT relating to medical review panels.

Establish KRS Chapter 216C; create within that chapter various new sections establishing a medical review panel system for use in civil litigation relating to health care providers, including sections setting out definitions, delineating covered health care facilities and providers, panel membership and formation, functions and deliberations of the panel, and utilization of panel results in civil actions.
 Current Status:   3/18/2016 - (S) recommitted to committee Senate Health and Welfare
 Recent Status:   2/23/2016 - floor amendment (20) filed to Committee Substitute
1/28/2016 - floor amendments (1) (2) (3) (4) (5) (6-title) (7) (8) (9) (10) filed to Bill, floor amendments (11) (12) (13) (14) (15) (16)(17) (18) (19) filed to Committee Substitute
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB6.htm
 
SB18MEDICAL COVERAGE (ALVARADO R) AN ACT relating to medical coverage.

Amend KRS 304.17A-254 to establish a policy governing the procedures for an insurer changing an existing agreement with a provider; amend KRS 304.17A-545 to require an insurer offering a health benefit plan to establish a policy governing he procedures for a Managed Care Organization changing an existing agreement with a provider.
 Current Status:   4/28/2016 - BECAME LAW WITHOUT GOVERNOR'S SIGNATURE
 Recent Status:   4/27/2016 - Filed with Secretary of State; without Governor's signature
4/15/2016 - delivered to Governor
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB18.htm
 
SB20MEDICAID (ALVARADO R) AN ACT relating to Medicaid managed care organizations and declaring an emergency.

Create new sections of KRS Chapter 205 to define terms, and permit a provider that has exhausted an internal appeals process of a Medicaid managed care organization (MCO) to be entitled to an administrative appeals hearing; require an MCO to send a final determination letter; establish proceedings for an administrative appeals hearing; establish a mechanism for attorneys' fees; establish a fee for the party that does not prevail to cover costs of the proceeding; clarify that this bill applies to all MCO contracts enacted on or after July 1, 2016; amend KRS 13B.020 to include the provider appeals process as a type of administrative hearings to be conducted by the CHFS.
 Current Status:   4/8/2016 - SIGNED BY GOVERNOR
 Recent Status:   3/29/2016 - delivered to Governor
3/29/2016 - Enrolled, Signed by Speaker of the House
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB20.htm
 
SB22UTILIZATION REVIEWS (ALVARADO R) AN ACT relating to utilization reviews.

Amend KRS 304.17A-600 to include the Accreditation Association for Ambulatory Health Care (AAAHC) in the definition of nationally recognized accreditation organizations.
 Current Status:   4/15/2016 - veto not acted upon
 Recent Status:   4/9/2016 - VETOED BY GOVERNOR
3/29/2016 - delivered to Governor
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB22.htm
 
SB22UTILIZATION REVIEWS (ALVARADO R) AN ACT relating to utilization reviews.

Amend KRS 304.17A-600 to include the Accreditation Association for Ambulatory Health Care (AAAHC) in the definition of nationally recognized accreditation organizations.
 Current Status:   4/15/2016 - veto not acted upon
 Recent Status:   4/9/2016 - VETOED BY GOVERNOR
3/29/2016 - delivered to Governor
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB22.htm
 
SB31MEDICAL MALPRACTICE ACTIONS (ALVARADO R) AN ACT relating to evidence in medical malpractice actions.

Create a new section of the Kentucky Rules of Evidence to prohibit the introduction of expressions of sympathy, compassion, commiseration, or a general sense of benevolence in medical malpractice actions.
 Current Status:   2/22/2016 - (H) Referred to Committee House Judiciary
 Recent Status:   2/19/2016 - received in House
2/18/2016 - (S) THIRD READING, passed 29-9
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB31.htm
 
SB66MEDICAL REVIEW ORGANIZATIONS (ALVARADO R) AN ACT relating to medical review organizations.

Amend KRS 311.377 to add medical malpractice actions, actions arising out of review of credentials or of retrospective review and evaluation, and actions by an applicant for or grantee of staff privileges to materials that are confidential and privileged and not subject to discovery, subpoena, or introduction into evidence, in any civil action in any court.
 Current Status:   3/16/2016 - (H) Referred to Committee House Judiciary
 Recent Status:   3/15/2016 - received in House
3/14/2016 - (S) THIRD READING, passed 27-11
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB66.htm
 
SB82GENETIC LICENSURE (ADAMS J) AN ACT relating to the licensure of genetic counselors and making an appropriation therefore.

Create new sections of KRS Chapter 311 to establish a framework for licensure of genetic counselors; define terms; preclude a person from practicing genetic counseling after January 1, 2016, without a license issued by the board; prohibit a person from holding himself out as a genetic counselor without a license issued by the board; exempt certain individuals from licensure; establish licensure requirements and procedures to obtain a regular license, temporary license, and reciprocal license; establish renewal and continuing education requirements; direct the board to promulgate administrative regulations relating to the licensure and regulation of genetic counselors, including a fee schedule; create the Kentucky Genetic Counselors Advisory Committee; set up membership, meeting, and quorum requirements; direct all moneys collected to be deposited into a trust and agency fund to be used by the board to carry out the provisions of and to defray the costs of the licensing and regulation process; permit the board to refuse to issue, renew, suspend, or revoke a license, or impose supervisory or probationary conditions upon a licensee for certain acts or actions; permit a person whose license has been revoked to petition the board for reinstatement after five years; require the board to set matters of license denial, revocation, or disciplinary measures for administrative hearing in accordance with KRS Chapter 13B; grant right to appeal to an aggrieve party in the Circuit Court of the county of residence; amend KRS 331.990 to establish a penalty for practicing genetic counseling without a license as a Class B misdemeanor for a first offense and Class A misdemeanor for a second or subsequent offense; APPROPRIATION.
 Current Status:   1/12/2016 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 Recent Status:   1/7/2016 - Introduced
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB82.htm
 
SB85MIDWIFERY (BUFORD T) AN ACT relating to midwifery and making an appropriation therefor.

Create new sections of KRS Chapter 309 to define terms; create the Kentucky Board of Midwifery; provide for licensure and administrative regulation requirements regarding the practice of midwifery; establish a trust and agency fund to be administered by the board to implement the licensure of midwives; set forth informed consent requirements for patient care; amend KRS 211.180 and 311.550 to conform.
 Current Status:   2/22/2016 - (S) recommitted to committee Senate Licensing, Occupations, and Administrative Regulations
 Recent Status:   2/18/2016 - (S) SECOND READING, to Rules
2/17/2016 - (S) FIRST READING w/SCS 1, to Regular Calendar
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB85.htm
 
SB114MEDICAL AUTHORIZATIONS (HORNBACK P) AN ACT relating to medical authorizations by advanced practice registered nurses.

Amend KRS 15.382, 72.465, 186.411, 189.125, 213.076, and 387.540 to add advanced practice registered nurses to medical authorization.
 Current Status:   4/9/2016 - SIGNED BY GOVERNOR
 Recent Status:   3/29/2016 - delivered to Governor
3/29/2016 - Enrolled, Signed by Speaker of the House
 State Bill Page:   http://www.lrc.ky.gov/record/16RS/SB114.htm
 
If you have questions about these or other bills, please contact Sarah S. Nicholson at KHA (snicholson@kyha.com).
actionTRACK - Kentucky Legislative Services, LLC.