2017 KHA Hot Bills


The following is a list of bills that are priorities for KHA during the 2017 General Assembly

Prepared by: Sarah Smith Nicholson
E-mail: snicholson@kyha.com
Report created on June 24, 2017
 
HB1RIGHT TO WORK (HOOVER J) AN ACT relating to right to work provisions involving a condition of employment or continuation of employment and declaring an emergency.

Amend KRS 336.130 to indicate that public employees may not strike; prohibit mandatory membership in or financial support of a labor organization as a condition of employment; define "employee"; require the Labor Cabinet to investigate complaints and prosecute those who violate Section 1 of the Act; amend KRS 336.180 to conform and define "employer" and "public employee"; amend KRS 336.990 to make a violation of the Act a Class A misdemeanor, award damages, and provide injunctive relief; create new sections of KRS Chapter 336 to exempt existing contracts or agreements and to prohibit deduction of membership dues to a labor organization without express written consent of the employee; create a new section of KRS Chapter 65 to restrict certain local governments from enforcing an ordinance contrary to the provisions of the Act; amend KRS 67A.6904, 67C.406, 70.262, 78.470, 78.480, and 345.050 to conform; provide for severability of Act's provisions; provide short title of Act; EMERGENCY.
 Current Status:   1/9/2017 - SIGNED BY GOVERNOR
 Recent Status:   1/7/2017 - delivered to Governor
1/7/2017 - Enrolled, Signed by President of the Senate
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB1.htm
 
HB3PREVAILING WAGE (HOOVER J) AN ACT relating to prevailing wage and declaring an emergency.

Amend various KRS sections to delete prevailing wage provisions; abolish the Prevailing Wage Review Board; make conforming amendments; create new section of KRS Chapter 65 to prohibit local governments from requiring employers to pay prevailing wage to employees; repeal KRS 337.505, 337.510, 337.512, 337.520, 337.522, 337.524, 337.525, 337.530, 337.540, 337.548, and 337.550, relating to prevailing wages in public works; apply this repeal to public works projects for which bids have not yet been awarded as of the effective date of the Act; EMERGENCY.
 Current Status:   1/9/2017 - SIGNED BY GOVERNOR
 Recent Status:   1/7/2017 - delivered to Governor
1/7/2017 - Enrolled, Signed by President of the Senate
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB3.htm
 
HB19PHYSICIAN ASSISTANTS (ELLIOTT D) AN ACT relating to prescriptive authority for physician assistants.

Amend KRS 311.856 and 311.858 to permit physician assistants to prescribe and dispense controlled substances.
 Current Status:   1/3/2017 - (H) Referred to Committee House Licensing, Occupations & Administrative Regulations
 Recent Status:   1/3/2017 - Introduced (Pre-Filed)
8/1/2016 - Pre-Filed
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB19.htm
 
HB79MENTAL HEALTH TREATMENT (BURCH T) AN ACT relating to court-ordered outpatient mental health treatment and making an appropriation therefor.

Amend KRS 202A.081 to require that an attorney be present for a patient agreed order and allow a peer support specialist to be present; require the court to appoint an outpatient provider agency recognized by the Cabinet for Health and Family Services to assemble a multi-disciplinary team to develop a treatment plan, monitor treatment adherence, and report to the court; require that crisis services are available 24/7; 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 multi-disciplinary 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 an outpatient provider agency 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; make the implementation of all newly created sections of KRS Chapter 202A contingent on funding; name these new sections of the bill "Tim's Law"; APPROPRIATION.
 Current Status:   1/3/2017 - (H) Referred to Committee House Judiciary
 Recent Status:   1/3/2017 - Introduced (Pre-Filed)
11/23/2016 - Pre-Filed
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB79.htm
 
HB172MEDICAL IMAGING AND RADIATION THERAPY BOARD (GREER J) AN ACT relating to the Board of Medical Imaging and Radiation Therapy and declaring an emergency.

Amend KRS 311B.100 to require individuals licensed or certified in the field prior to the creation of the Board of Medical Imaging and Radiation Therapy to be licensed by the board if they have graduated from a postsecondary institution, passed a national examination, been licensed in this or another state, and have maintained continuing education requirements; allow the board to deny licensure for cause; EMERGENCY.
 Current Status:   2/23/2017 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 Recent Status:   2/22/2017 - received in Senate
2/21/2017 - (H) THIRD READING, passed 98-0 with Committee Substitute
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB172.htm
 
HB223INTEREST (FISCHER J) AN ACT relating to interest.

Amend KRS 360.040 to make the state interest rate for most civil judgments, including judgments for prejudgment interest, 6 percent; provide that the judgment interest rate for unpaid child support is 12 percent; provide that the judgment interest rate on a contract, promissory note, or other written obligation is the rate established in that contract, promissory note, or other written obligation; amend KRS 342.040 to establish a 6 percent interest rate for worker's compensation orders and settlements; allow the administrative law judge to raise the interest rate to 12 percent; amend KRS 360.010 to conform; specify that the new interest rates only apply to judgments, orders, and settlements entered after the effective date of this Act.
 Current Status:   3/16/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/6/2017 - delivered to Governor
3/6/2017 - Enrolled, Signed by President of the Senate
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB223.htm
 
HB297PRESSURE SORE TREATMENT (BLANTON J) AN ACT relating to pressure sore treatment and prevention.

Create a new section of KRS Chapter 216B to require all health facilities to follow pressure sore prevention and treatment protocols as approved by the Cabinet for Health and Family Services.
 Current Status:   2/14/2017 - (H) Referred to Committee House Heath & Family Services
 Recent Status:   2/10/2017 - Introduced
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB297.htm
 
HB304NURSE LICENSURE COMPACT (WUCHNER A) AN ACT relating to nurse licensure compact.

Create a new section of KRS Chapter 314 to enact and enter into the Nurse Licensure Compact with all other jurisdictions that legally join in the compact; declare the purpose of the compact; define terms; recognize a multistate licensure privilege to practice for registered nurses or practical nurses; permit the Kentucky Board of Nursing to limit or revoke the multistate licensure privilege of any nurse to practice in Kentucky; establish application requirements; require reporting of any actions taken by the Kentucky Board of Nursing to the home state of the licensee; require compact states to participate in a coordinated licensure information system and provide for interchange of information; establish the Interstate Commission of Nurse Licensure Compact Administrators; provide immunity for party states, officers, employees, or agents of a party state's nurse licensing board who act in accordance with the provisions of the compact; prohibit amendment of the compact unless the amendment has been enacted into the laws of all party states; provide for severability for any provision in the compact that is contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance; repeal KRS 314.470, which set forth the prior version of the Nurse Licensure Compact; EFFECTIVE December 31, 2018, or upon adoption of compact by 26 states, whichever is earlier.
 Current Status:   3/21/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/14/2017 - delivered to Governor
3/14/2017 - Enrolled, Signed by President of the Senate
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB304.htm
 
HB305ALCOHOL AND DRUG ABUSE (MOSER K) AN ACT relating to treatment for alcohol and other drug abuse.

Amend KRS 222.431, relating to criteria for involuntary treatment for alcohol and other drug abuse, to specify that the no person shall be ordered to undergo treatment unless the person can reasonably benefit from treatment in accordance with a qualified health professional's recommendation; amend KRS 222.432 to provide that a judge can order a person to undergo treatment for up to one year; clarify that the petition for treatment may be initiated in a District Court in the county in which the person resides on a permanent or temporary basis; clarify that the petitioner is responsible for only those costs of evaluation and treatment not covered by a third-party payor; clarify that no petitioner shall be required to place a deposit with the court to cover the costs of evaluation and treatment; amend KRS 222.433 to clarify that the petitioner can choose the qualified health professionals who will evaluate the respondent; allow an examination of a qualified health professional performed within the last 3 months to be admissible as one of the required examinations; allow the petitioners an opportunity to file the correct paperwork and to gather additional evidence; allow for the renewal of the petition for treatment beyond one year; allow the court order to be amended to place the respondent in a more appropriate treatment program; amend KRS 222.434 to clarify that the District Court of any county where the person may be found may issue a 72 hour emergency treatment order; create a new section of KRS 222.430 to 222.437 to require treatment programs to notify the court when the respondent fails to appear or participate in treatment as ordered by the court; amend KRS 222.435 to allow the petitioner, or a person chosen by the petitioner, to transport the respondent to a hospital, to an examination, or to a treatment program; create a new section of KRS 222.430 to 222.437 to provide that proceedings are not open to the public and that any court records of a respondent are confidential; amend KRS 222.470 to require Medicaid and private insurers to use comparative medical necessity and reimbursement methodology to cover alcohol and other drug abuse treatment services.
 Current Status:   3/15/2017 - (S) Reported Favorably
 Recent Status:   3/15/2017 - Senate Judiciary, (Bill Scheduled for Hearing)
3/8/2017 - Senate Judiciary, (Bill Scheduled for Hearing)
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB305.htm
 
HB314CONTROLLED SUBSTANCE MONITORING (BENTLEY D) AN ACT relating to controlled substance monitoring.

Amend KRS 218A.202 to require certain hospitals to report positive toxicology screens to the Cabinet for Health and Family Services; permit federal prosecutors and agents to use KASPER; permit practitioners or pharmacists to review KASPER reports of birth mothers of potentially drug-exposed infants; remove a pilot program relating to real-time electronic monitoring; make other technical corrections; amend KRS 218A.240 to conform.
 Current Status:   3/27/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/15/2017 - delivered to Governor
3/15/2017 - Enrolled, Signed by President of the Senate
 Position:   Oppose Unless Amended
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB314.htm
 
HB314CONTROLLED SUBSTANCE MONITORING (BENTLEY D) AN ACT relating to controlled substance monitoring.

Amend KRS 218A.202 to require certain hospitals to report positive toxicology screens to the Cabinet for Health and Family Services; permit federal prosecutors and agents to use KASPER; permit practitioners or pharmacists to review KASPER reports of birth mothers of potentially drug-exposed infants; remove a pilot program relating to real-time electronic monitoring; make other technical corrections; amend KRS 218A.240 to conform.
 Current Status:   3/27/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/15/2017 - delivered to Governor
3/15/2017 - Enrolled, Signed by President of the Senate
 Position:   Oppose Unless Amended
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/HB314.htm
 
SB4MEDICAL 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; allow for the electronic filing of proposed complaints if the Cabinet for Health and Family Services establishes an electronic filing system.
 Current Status:   3/16/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/6/2017 - delivered to Governor
3/6/2017 - Enrolled, Signed by Speaker of the House
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB4.htm
 
SB18MEDICAL 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 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:   3/30/2017 - (H) Posted for Passage in Regular Orders of the Day; w/HFA 1, 2T, 3
 Recent Status:   3/15/2017 - (H) Posted for Passage in Regular Orders of the Day; w/HFA 1, 2T, 3
3/14/2017 - (H) Posted for Passage in Regular Orders of the Day; w/HFA 1, 2T, 3
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB18.htm
 
SB42CRIMES AND PUNISHMENTS (SCHICKEL J) AN ACT relating to crimes and punishments.

Amend KRS 431.005 to permit a peace officer to make an arrest for a violation of KRS 508.030, assault in the 4th degree, when the violation occurs in a hospital and the officer has probable cause; amend KRS 431.015 to conform.
 Current Status:   3/16/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/7/2017 - delivered to Governor
3/7/2017 - Enrolled, Signed by Speaker of the House
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB42.htm
 
SB85MEDICAL MALPACTRICE (ALVARADO R) AN ACT relating to evidence of 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:   1/7/2017 - (S) Referred to Committee Senate Health and Welfare
 Recent Status:   1/4/2017 - Introduced
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB85.htm
 
SB89HEALTH BENEFIT COVERAGE (ADAMS J) AN ACT relating to health benefit coverage for tobacco cessation treatment.

Create a new section of Subtitle 17A of KRS Chapter 304 to require insurance coverage for United States Food and Drug Administration-approved tobacco cessation medicines and services recommended by the United States Preventive Services Task Force; specify restrictions and limits of coverage; create a new section of KRS Chapter 205 to require Medicaid coverage for United States Food and Drug Administration-approved tobacco cessation medication and services recommended by the United States Preventive Services Task Force; specify restrictions and limits of coverage.
 Current Status:   3/21/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/14/2017 - delivered to Governor
3/14/2017 - Enrolled, Signed by Speaker of the House
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB89.htm
 
SB91MENTAL HEALTH TREATMENT (ADAMS J) AN ACT relating to court-ordered outpatient mental health treatment and making an appropriation therefor.

Amend KRS 202A.081 to require that an attorney be present for a patient agreed order and allow a peer support specialist to be present; require the court to appoint an outpatient provider agency recognized by the Cabinet for Health and Family Services to assemble a multi-disciplinary team to develop a treatment plan, monitor treatment adherence, and report to the court; require that crisis services are available 24/7; 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 multi-disciplinary 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 an outpatient provider agency 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; make the implementation of all newly created sections of KRS Chapter 202A contingent on funding; name these new sections of the bill "Tim's Law"; APPROPRIATION.
 Current Status:   3/30/2017 - delivered to Secretary of State
 Recent Status:   3/29/2017 - Enrolled, Signed by Speaker of the House
3/29/2017 - Enrolled, Signed by President of the Senate
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB91.htm
 
SB108PATIENT QUALITY OF LIFE (ADAMS J) AN ACT relating to patient quality of life.

Create new sections of KRS Chapter 211 to define terms; establish the Palliative Care Interdisciplinary Advisory Council within the Cabinet for Health and Family Services and create provisions and requirements; establish the Palliative Care Consumer and Professional Information and Education Program within the cabinet and create provisions and requirements; permit health facilities to establish systems for identifying patients or residents who could benefit from palliative care and provide information.
 Current Status:   3/7/2017 - (H) Returned to Committee House Heath & Family Services
 Recent Status:   3/7/2017 - (H) FIRST READING
3/7/2017 - (H) Taken From Committee
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB108.htm
 
SB116MEDICAL IMAGING BOARD (MEREDITH S) AN ACT relating to the board of medical imaging and radiation therapy and declaring an emergency.

Amend KRS 311B.100 to require individuals licensed or certified in another state in the field of medical imaging and radiation therapy to be licensed by the board if they have graduated from a postsecondary institution, passed a national certifying examination, are licensed in good standing in another jurisdiction, have at least 5 years of experience, and have maintained continuing education requirements; allow the board to deny licensure for cause; EMERGENCY.
 Current Status:   3/10/2017 - SIGNED BY GOVERNOR
 Recent Status:   3/6/2017 - delivered to Governor
3/6/2017 - Enrolled, Signed by Speaker of the House
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB116.htm
 
SB123OPERATORS LICENSES (SCHICKEL J) AN ACT relating to operator's licenses.

Create a new section of KRS Chapter 186 to require a physician, advanced practice registered nurse, paramedic, or emergency medical technician to report a person who overdoses on opioids to the Commissioner of the Department of Vehicle Regulation; require proof that a person is either opioid-free or that the person's opioid use is controlled by medication prior to issuing him or her an original, duplicate, modified, or renewal operator's license; amend KRS 186.444 and KRS 186.570 to conform.
 Current Status:   2/27/2017 - (S) Returned to Committee Senate Transportation
 Recent Status:   2/27/2017 - (S) FIRST READING
2/27/2017 - (S) Taken From Committee
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB123.htm
 
SB174HEALTHCARE COST (BUFORD T) AN ACT relating to healthcare cost transparency.

Create a new section of Subtitle 17A of KRS Chapter 304 to define "allowed amounts," "service," "program," and "shoppable health care service"; require providers to disclose allowed amounts of the service provided within 2 business days; require insurers to establish an interactive mechanism with payment information made by the insurer to providers and to provide a good-faith estimate of cost to the insured; require an insurer to develop an incentive program that shares cost savings with the insured based on the insured's choice; require the insurer to report information under the program to the Department of Insurance; require the Department of Insurance to report information to the Interim Joint Committee on Banking and Insurance; EFFECTIVE January 1, 2018.
 Current Status:   2/14/2017 - (S) Referred to Committee Senate Banking and Insurance
 Recent Status:   2/13/2017 - Introduced
 State Bill Page:   http://www.lrc.ky.gov/record/17RS/SB174.htm
 
If you have questions about these or other bills, please contact Sarah S. Nicholson at KHA (snicholson@kyha.com).
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