2018 KHA Hot Bills


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

Prepared by: Sarah Smith Nicholson
E-mail: snicholson@kyha.com
Report created on June 24, 2018
 
HB4HEALTH CARE PEER REVIEW (WUCHNER A) AN ACT relating to the privileging of peer review activities in health care.

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:   3/9/2018 - SIGNED BY GOVERNOR
 Recent Status:   2/28/2018 - delivered to Governor
2/28/2018 - Enrolled, Signed by President of the Senate
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB4.htm
 
HB12TELEHEALTH (RILEY S) AN ACT relating to telehealth.

Create a new section of KRS Chapter 205 to require the cabinet to regulate telehealth; set requirements for the delivery of telehealth services to Medicaid recipients; require equivalent reimbursement for telehealth services; require provision of coverage and reimbursement for telehealth; prohibit the cabinet from requiring providers to be physically present with a recipient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of a telehealth network; specify that Medicaid shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 205.510 to define terms; amend KRS 205.559 to add telehealth; amend 304.17A-005 to redefine "telehealth"; amend KRS 304.17A-138 to require health benefit plan coverage of telehealth to the same extent as though provided in person; prohibit health benefit plans from requiring providers to be physically present with a patient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of the telehealth network or subject to Telehealth Board oversight; specify that health benefit plans shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 342.315 to conform; amend KRS 18A.225 to require any fully insured health benefit plans or self-insured plans issued or renewed after July 1, 2019, to public employees to comply with KRS 304.17A-138; repeal KRS 194A.125; EFFECTIVE July 1, 2019.
 Current Status:   2/6/2018 - (H) posted in committee House Health and Family Services
 Recent Status:   2/1/2018 - (H) Referred to Committee House Health and Family Services
1/30/2018 - Introduced
 Position:   Monitor - Seek Amendments
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB12.htm
 
HB50OCCUPATIONAL LICENSING REGULATIONS (NEMES J) AN ACT relating to occupational licensing regulations.

Create new sections of KRS Chapter 12 to define terms; set forth requirements for all occupational licensing regulations established by an agency on or after November 15, 2018; require each agency to conduct a comprehensive review of all occupational licensing regulations under its jurisdiction every five years and to prepare and submit a report of its review to the Legislative Research Commission; establish a process to petition an agency to repeal or modify an occupational licensing regulation; allow a petitioner to appeal an agency's actions or inaction to Circuit Court.
 Current Status:   1/19/2018 - (H) posted in committee House Licensing, Occupations, and Administrative Regulations
 Recent Status:   1/5/2018 - (H) reassigned to committee House Licensing, Occupations, and Administrative Regulations
1/2/2018 - (H) Referred to Committee House State Government
 Position:   Oppose Unless Amended
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB50.htm
 
HB69MANAGED CARE SERVICE DELIVERY (FLEMING K) AN ACT relating to service delivery improvements in managed care networks.

Create new sections of KRS Chapter 205 to define terms; establish and require that the Department for Medicaid Services designate a single credentialing verification organization to verify credentials for DMS and all contracted Medicaid Managed Care Organizations; submit the credentialing organization to Government Contract Review Committee for comment; require providers to submit a single application to the credentialing organization; require notification within 5 days to the provider if application is complete; require verified packets be sent to the DMS and MCOs within 30 days; require DMS to enroll providers within 15 days and for the MCOs to determine if they will contract with the provider within 15 days; specify that for reimbursement of claims purposes the date of the submission of the credentialing application shall be the date of original enrollment and credentialing; address the written internal appeals process of MCOs; require 24/7 utilization reviews and daily staffing for claims resolution; establish grievance and appeal timeline and written appeal requirements; require reprocessing of incorrectly paid or erroneously denied claims; allow for in-person meetings for unpaid claims beyond 45 days and that individually or in the aggregate exceed $2,500; require consistency and timeliness between physical, behavioral, or other medically necessary services; establish timelines for preauthorization requests; require that substance use disorder be treated as an urgent preauthorization request; require a single nationally recognized clinical review criteria for both physical health and behavioral health services; establish monthly reporting requirements for MCOs relating to claims; require reporting between the DMS and the Department of Insurance; establish penalties for MCOs that fail to comply; prohibit automatic assignment of Medicaid enrollees to an MCO unless there is a participating acute care hospital within the distance requirements; allow for enrollees to change MCOs outside of the open enrollment if their hospital or PCP terminates participation with an MCO; amend KRS 304.17A-515 to require each managed care plan to demonstrate that it offers physically available acute care hospital services; amend KRS 304.17A-576 to require a response about credentialing within 45 instead of 90 days; amend KRS 304.17A-700 to reference Section 1 of the bill.
 Current Status:   4/2/2018 - filed without Governor's signature with the Secretary of State
 Recent Status:   3/22/2018 - delivered to Governor
3/22/2018 - Enrolled, Signed by President of the Senate
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB69.htm
 
HB85CERTIFICATE OF NEED (WELLS W) AN ACT relating to elimination of the certificate of need.

Amend KRS 13B.020 to delete reference to certificate of need hearings; amend KRS 79.080 to replace the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board with the Cabinet for Health and Family Services; amend KRS 194A.010 to delete reference to the certificate of need and the state health plan; amend KRS 194A.030 to delete reference to the certificate of need; amend KRS 194A.090 to delete reference to the state health plan; amend KRS 211.192 to correct a statutory citation; amend KRS 205.634 to delete requirement for certificate of need; amend KRS 216.361 to delete requirement for certificate of need; amend KRS 216.560 to correct a statutory citation; amend KRS 216.380 to delete requirement for certificate of need and reference to the state health plan; amend KRS 216.577 to replace the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board with the Cabinet for Health and Family Services; amend KRS 216.595 to delete reference to KRS 216B.071; amend KRS 216.885 to delete requirement for certificate of need; amend KRS 216.905 to delete exemption for a certificate of need; amend KRS 216.935 to replace the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board with the Cabinet for Health and Family Services; amend KRS 216B.015 to delete and correct definitions relating to certificate of need; amend KRS 216B.020 to delete exemptions to the certificate of need; amend KRS 216B.042 to delete reference to the certificate of need; amend KRS 216B.0445 to delete the requirement for a certificate of need; amend KRS 216B.065 to delete the requirement for a certificate of need; amend KRS 216B.066 to delete the requirement for a certificate of need; amend KRS 216B.115 to delete reference to the certificate of need; amend KRS 216B.120 to delete reference to the certificate of need; amend KRS 216B.131 to delete reference to the certificate of need; amend KRS 216B.185 to correct a statutory citation; amend KRS 216B.300 to correct a statutory citation; amend 216B.250 to change Human Resources to Health and Family Services; amend KRS 216B.332 to delete exemption from certificate of need; amend KRS 216B.455 to delete the requirement for a certificate of need; amend KRS 216B.457 to delete the requirement for a certificate of need; amend KRS 216B.990 to delete penalty for not obtaining a certificate of need; amend KRS 218A.175 to correct a statutory reference; amend KRS 304.17-312, 304.17-313, 304.17-317, 304.18-035, 304.18-037 304.32-156, 304.32-280, 304.38-210, and 311.760 to replace the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board with the Cabinet for Health and Family Services; amend KRS 304.17A-147 to correct a statutory reference; amend KRS 304.17A-1473 to correct a statutory reference; amend KRS 304.38-020 to delete reference to the certificate of need; amend KRS 304.38-040 to delete required evidence of a certificate of need; amend KRS 304.38-090 and KRS 304.38-130 to replace the Kentucky Certificate of Need and Licensure Board with the Cabinet for Health and Family Services; amend KRS 311.377 to delete references to the certificate of need; amend KRS 314.027 to delete reference to the certificate of need; amend KRS 347.040 to delete reference to the state health plan; repeal KRS 211.9523, 216B.010, 216B.035, 216B.040, 216B.061, 216B.0615, 216B.062, 216B.071, 216B.085, 216B.086, 216B.090, 216B.095, 216B.125, 216B.130, 216B.180, and 216B.182.
 Current Status:   1/4/2018 - (H) Referred to Committee House Health and Family Services
 Recent Status:   1/2/2018 - Introduced
 Position:   Strongly Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB85.htm
 
HB124SUBSTANCE USE DISORDER TREATMENT (WUCHNER A) AN ACT relating to enhanced standards and criteria for substance use disorder treatment and recovery services and programs and declaring an emergency.

Create a new section of KRS Chapter 222 to require the Cabinet for Health and Family Services to complete a comprehensive review of all current state licensure and quality standards for substance use disorder treatment and recovery services and programs; specify that licensure and quality standards be based on nationally recognized and evidence-based standards, standardized outcome measures, a reporting process, and conditions for reimbursement; permit fees for licensure; require the cabinet to promulgate administrative regulations to implement the licensure and quality standards by January 1, 2019, repeal KRS 222.037 and 222.212; EMERGENCY.
 Current Status:   4/2/2018 - SIGNED BY GOVERNOR
 Recent Status:   3/22/2018 - delivered to Governor
3/22/2018 - Enrolled, Signed by President of the Senate
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB124.htm
 
HB176REGISTERED AMBULANCE PROVIDERS (ROTHENBURGER R) AN ACT relating to fee disclosures by licensed ambulance providers.

Create a new section of KRS Chapter 311A to require ambulance providers to post fee schedules and provide them to beneficiaries; require the Kentucky Board of Emergency Medical Services to assess a fee of $150 for failure to post a fee schedule and modifications to the fee schedule; require the board to promulgate administrative regulations to implement the requirements.
 Current Status:   4/2/2018 - SIGNED BY GOVERNOR
 Recent Status:   3/22/2018 - delivered to Governor
3/22/2018 - Enrolled, Signed by President of the Senate
 Position:   Monitor
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB176.htm
 
HB228PHYSICIAN ASSISTANTS (ELLIOTT D) AN ACT relating to physician assistants.

Amend KRS 311.856 to permit physician assistants to prescribe controlled substances; amend KRS 311.858 to permit physician assistants to prescribe controlled substances; create a new section of KRS 311.840 to 311.862 to establish the Physician Assistants Controlled Substance Monitoring Committee.
 Current Status:   1/24/2018 - (H) Referred to Committee House Health and Family Services
 Recent Status:   1/22/2018 - Introduced
 Position:   Monitor - Seek Amendments
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB228.htm
 
HB289HOSPITAL PAYMENTS (WEBBER R) AN ACT relating to disproportionate share hospital payments and making an appropriation therefor.

Amend KRS 205.639 to establish definitions; amend KRS 205.640 to specify the process for submitting Medicaid disproportionate share hospital (DSH) surveys; specify the process by which initial and final DSH payments are calculated; provide for the distribution of DSH funds; require the Department for Medicaid Services and managed care organizations to provide hospitals with a paid claims list within 90 days of the end of each hospital's fiscal year; create a new section of KRS Chapter 205 to establish a penalty for managed care organizations that do not provide hospitals with a paid claims list by the required deadline; create a new section of KRS Chapter 205 to permit the Department for Medicaid Services to promulgate administrative regulations to comply with changes in federal law regarding DSH payments and to make DSH payments contingent upon receipt of federal funds, the availability of state funds, and approval of the Centers for Medicare and Medicaid; repeal KRS 205.641; APPROPRIATION.
 Current Status:   4/2/2018 - SIGNED BY GOVERNOR
 Recent Status:   3/22/2018 - delivered to Governor
3/22/2018 - Enrolled, Signed by President of the Senate
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB289.htm
 
HB444HEALTH FACILITIES AND SERVICES (BENVENUTI R) AN ACT relating to health facilities and services.

Amend KRS 216.2927 to update data collection; amend KRS 216.380 to remove "primary care centers" and "rural health clinics" from the list of facilities that may be designated as a "critical access hospital;" amend KRS 216.510 and 216.535 to revise the definition of "long-term care facilities;" amend KRS 216.545 to remove outdated language; amend KRS 216.563 to remove outdated language and to remove the requirement that criteria for "Type A" and "Type B" long-term care facility violations be reviewed at least quarterly; amend KRS 216.577 to replace reference to the "Kentucky Health Facility and Health Service Certificate of Need and Licensure Board" with the "Cabinet for Health and Family Services;" amend KRS 216B.015 to revise various definitions; amend KRS 216B.020 to exempt certain outpatient health facilities and health services from the certificate of need requirement; amend KRS 216B.035 to permit records to be kept in electronic form; amend KRS 216B.040 to remove the Cabinet's ability to appoint "technical advisory committees" to assist in the administration of this chapter; amend KRS 216B.055 and 216B.105 to allow for electronic delivery of notices and licensure decisions; amend various sections to conform; repeal KRS 216.600, 216.860, 216.865, 216.900, 216.905, 216.910, 216.915, 216.930, 216B.071, 216B.120, 216B.176, and 216B.177.
 Current Status:   4/10/2018 - SIGNED BY GOVERNOR
 Recent Status:   3/29/2018 - delivered to Governor
3/29/2018 - Enrolled, Signed by President of the Senate
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/HB444.htm
 
SB2CONSTITUTIONAL AMENDMENT (ALVARADO R) AN ACT proposing an amendment to section 54 of the Constitution of Kentucky.

Propose amendment to Section 54 of the Constitution of Kentucky to allow the General Assembly the power to limit damages for injuries resulting in death or for injuries to persons or property, and to provide a uniform statute of limitations; provide for submission to the voters.
 Current Status:   3/9/2018 - (S) recommitted to committee Senate State and Local Government
 Recent Status:   3/8/2018 - (S) Passed Over and retained in the Orders of the Day
3/8/2018 - (S) Posted for Passage in Regular Orders of the Day; w/SCS 1, SFA 1
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB2.htm
 
SB5MEDICAID (WISE G) AN ACT relating to pharmacy benefits in the Medicaid program.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services to directly administer all outpatient pharmacy benefits; prohibit renewal or negotiation of new contracts to provide Medicaid managed care that allow administration of outpatient benefits by any entity but the Department for Medicaid Services; reduce costs of future Medicaid managed care contracts by costs of all outpatient pharmacy benefits as they existed on January 1, 2017; allow the department to utilize managed care principles and techniques to assist with member medication adherence and cost control; require the department to establish a reasonable dispensing fee pursuant to Centers for Medicare and Medicaid Services guidelines; EFFECTIVE January 1, 2019.
 Current Status:   4/13/2018 - SIGNED BY GOVERNOR
 Recent Status:   4/2/2018 - delivered to Governor
4/2/2018 - Enrolled, Signed by Speaker of the House
 Position:   Monitor - Seek Amendments
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB5.htm
 
SB7KENTUCKY RARE DISEASE ADVISORY COUNCIL (ADAMS J) AN ACT establishing the Kentucky Rare Disease Advisory Council and making an appropriation therefor.

Create new sections of KRS Chapter 211 to establish the Kentucky Rare Disease Advisory Council; list members to be appointed by the Governor; state the duties of the council; require a report of council activities; create a rare disease trust fund to be administered by the Cabinet for Health and Family Services to finance the operation of the council and support rare disease research and treatment; require a report on expenditures from the fund; require the council to cease to exist on December 1, 2028, unless otherwise reestablished by the General Assembly.
 Current Status:   4/2/2018 - veto message received
 Recent Status:   4/2/2018 - VETOED BY GOVERNOR
3/21/2018 - delivered to Governor
 Position:   Monitor
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB7.htm
 
SB20HEALTH CARE PROVIDERS (ALVARADO R) AN ACT relating to health care providers.

Amend KRS 216C.010 to define "affidavit of merit"; create new section of Chapter 216C to require filing of medical malpractice action with an affidavit of merit; amend KRS 422.317 to regulate fees charged by a hospital or health care provider to provide a copy of medical records; create a new section of KRS Chapter 216C to limit a claimant's attorney fees in a malpractice claim against a health care provider; amend KRS 216C.030 and 311.377 to conform; 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:   3/9/2018 - (H) posted in committee House Judiciary
 Recent Status:   3/6/2018 - (H) Referred to Committee House Judiciary
3/2/2018 - received in House
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB20.htm
 
SB29TOBACCO RELATED ILLNESSES (MEREDITH S) AN ACT relating to tobacco-related illnesses and making an appropriation therefor.

Create a new section of KRS 205.510 to 205.560 to establish the Medicaid tobacco-related illness reimbursement fund; create a new section of KRS Chapter 212 to establish the county tobacco cessation fund; create a new section of KRS Chapter 212 to provide a minimum smoke-free ordinance for counties to receive money from the county tobacco cessation fund; amend KRS 138.140 to impose a healthcare reimbursement assessment on cigarettes and other tobacco products, including e-cigarettes; amend KRS 138.130 to update definitions for chapter, including adding e-cigarettes to definition of tobacco products; amend various sections of the Kentucky Revised Statutes to conform.
 Current Status:   1/3/2018 - (S) Referred to Committee Senate Appropriations and Revenue
 Recent Status:   1/2/2018 - Introduced (Pre-Filed)
12/6/2017 - Pre-Filed
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/sb29.htm
 
SB49HEALTH CARE PEER REVIEW ACTIVITIES (ALVARADO R) AN ACT relating to privilege and confidentiality for peer review activities and health care.

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:   1/4/2018 - (S) Referred to Committee Senate Judiciary
 Recent Status:   1/3/2018 - Introduced
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB49.htm
 
SB51SCHOOL PROPERTY TOBACCO PROHIBITION (ALVARADO R) AN ACT prohibiting tobacco use on school property.

Create a new section of KRS Chapter 438 to define terms; prohibit use of tobacco products by students, school personnel, and visitors in schools, school vehicles, properties, and activities; require policies to be in place by the 2019-2020 school year; require that smoke-free policies and signage be adopted; provide that existing bans are not impacted; repeal KRS 438.050.
 Current Status:   1/4/2018 - (S) Referred to Committee Senate Education
 Recent Status:   1/3/2018 - Introduced
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB51.htm
 
SB53MEDICAID SERVICE IMPROVEMENTS (MEREDITH S) AN ACT relating to service improvements in the Medicaid program.

Create a new section of KRS Chapter 205 to limit the number of MCO contracts to operate the Medicaid program to 2 and to establish a process for selecting the two winning MCOs; create a new section of KRS Chapter 205 to require that services provided in rural counties be reimbursed at least at the median amount paid to an urban health care provider within the nearest metropolitan statistical area; establish a penalty that goes to the underpaid provider.
 Current Status:   1/4/2018 - (S) Referred to Committee Senate Health and Welfare
 Recent Status:   1/3/2018 - Introduced
 Position:   Strongly Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB53.htm
 
SB79SURPRISE BILLING (ALVARADO R) AN ACT relating to surprise billing.

Amend KRS 304.17A-005 to define balance billing, cost sharing, emergency health care services, emergency medical condition, health care service, insured, maximum allowable cost, and usual and customary rate; create a new section of Subtitle 17A of KRS Chapter 304 to require the commissioner of insurance to collect information from insurers regarding billed charges, and either to select a nonprofit to distribute the information to or to publish the information annually on its Web site; create a new section of Subtitle 17A of KRS Chapter 304 to define unanticipated out-of-network care, and to require an insurer to reimburse for unanticipated out-of-network care at the usual and customary rate for the service; prohibit any lower reimbursement; prohibit balance billing from a provider who has been reimbursed in accordance with this section; allow a provider to bill for any applicable cost-sharing requirements owed by the insured; amend KRS 304.17A-096, 304.17A-430, 304.17B-001, 304.17B-015, 304.17B-033, 304.17C-010, 304.18-114, 304.38A-010, and 304.39-241 to conform; EFFECTIVE January 1, 2019.
 Current Status:   1/30/2018 - Senate Banking and Insurance, (Bill Scheduled for Hearing)
 Recent Status:   1/16/2018 - (S) Referred to Committee Senate Banking and Insurance
1/11/2018 - Introduced
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB79.htm
 
SB89ADVANCED PRACTICED REGISTERED NURSES PRESCRIPTIVE AUTHORITY (HORNBACK P) AN ACT relating to prescriptive authority of advanced practiced registered nurses.

Amend KRS 314.011 to eliminate the Controlled Substance Formulary Development Committee; amend KRS 314.042 to permit advanced practice registered nurses to enter into a collaborative agreement for prescriptive authority for controlled substances with a collaborating advanced practice nurse practitioner or a physician and to permit advanced practice registered nurses to prescribe controlled substances without a collaborative agreement after four years; amend KRS 314.193 to assign to the Advanced Practice Registered Nurse Council the responsibility to make recommendations to the Board of Nursing regarding limitations on prescriptions for controlled substances written by advanced practice registered nurses and to review continuing education requirements for controlled substances; amend KRS 314.196 to clarify qualifications for members of the Collaborative Prescribing Agreement Joint Advisory Committee and to clarify the committee's responsibilities.
 Current Status:   1/18/2018 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 Recent Status:   1/17/2018 - Introduced
 Position:   Oppose
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB89.htm
 
SB93TOBACCO PRODUCT SALES (ADAMS J) AN ACT relating to the sale of tobacco products.

Create a new section of KRS Chapter 438 to allow a city or county government to regulate the use, display, sale, or distribution of tobacco products or vapor products; repeal KRS 438.300.
 Current Status:   1/19/2018 - (S) Referred to Committee Senate State and Local Government
 Recent Status:   1/18/2018 - Introduced
 Position:   Support
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB93.htm
 
SB94SCHEDULED DRUG PRESCRIPTION ELECTRONIC MONITORING SYSTEM (WESTERFIELD W) AN ACT relating to the electronic system for monitoring scheduled drug prescriptions.

Amend KRS 218A.202 to permit an employer of a practitioner, pharmacist, or other person authorized to prescribe, administer, or dispense controlled substances to request data from the Cabinet for Health and Family Services as part of a bona fide specific investigation of prescribing or dispensing practices.
 Current Status:   3/7/2018 - Senate Health and Welfare, (Bill Scheduled for Hearing)
 Recent Status:   1/22/2018 - (S) Referred to Committee Senate Health and Welfare
1/19/2018 - Introduced
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB94.htm
 
SB95FERTILITY PRESERVATION SERVICES (KERR A) AN ACT relating to coverage for medically necessary fertility preservation services.

Create a new section of Subtitle 17A of KRS Chapter 304 to establish that any health benefit plan issued or renewed in the Commonwealth that provides coverage for hospital, medical, or surgical expenses, shall include coverage for standard fertility preservation services when a necessary medical treatment may directly or indirectly cause iatrogenic infertility to an insured.
 Current Status:   3/27/2018 - (H) SECOND READING, to Rules
 Recent Status:   3/22/2018 - floor amendment (1) filed to Committee Substitute
3/22/2018 - (H) FIRST READING to Regular Calendar
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB95.htm
 
SB112TELEHEALTH (ALVARADO R) AN ACT relating to Telehealth.

Create a new section of KRS Chapter 205 to require the cabinet to regulate telehealth; set requirements for the delivery of telehealth services to Medicaid recipients; require equivalent reimbursement for telehealth services; require provision of coverage and reimbursement for telehealth; prohibit the cabinet from requiring providers to be physically present with a recipient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of a telehealth network; specify that Medicaid shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 205.510 to define terms; amend KRS 205.559 to add telehealth; amend 304.17A-005 to redefine "telehealth"; amend KRS 304.17A-138 to require health benefit plan coverage of telehealth to the same extent as though provided in person; prohibit health benefit plans from requiring providers to be physically present with a patient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of the telehealth network or subject to Telehealth Board oversight; specify that health benefit plans shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 342.315 to conform; amend KRS 18A.225 to require any fully insured health benefit plans or self-insured plans issued or renewed after July 1, 2019, to public employees to comply with KRS 304.17A-138; repeal KRS 194A.125; EFFECTIVE July 1, 2019.
 Current Status:   4/26/2018 - SIGNED BY GOVERNOR
 Recent Status:   4/14/2018 - delivered to Governor
4/14/2018 - Enrolled, Signed by Speaker of the House
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB112.htm
 
SB134CERTIFIED PROFESSIONAL MIDWIVES PERMITS (BUFORD T) AN ACT relating to permits for certified professional midwives.

Create new sections of KRS Chapter 314 to define "APRN-designated certified nurse midwife," "certified professional midwife," "certified professional midwifery services," and "council"; create the Certified Professional Midwives Advisory Council under the Board of Nursing and establish its membership; provide that a certified professional midwife has same authority and responsibility as other licensed health care providers regarding public health laws and require each to keep appropriate medical records; require the board to promulgate administrative regulations relating to certified professional midwives, including a requirement for informed consent, fees for permits, statewide requirements for emergency transfer of care, medical tests and a formulary of medications; permit the board to require a criminal background investigation of an applicant for a permit as a certified professional midwife by means of a fingerprint check; require the council to delineate findings on restrictions to providing certified professional midwifery services; provide immunity from liability in civil action for health care providers who have acted in consultation with a certified professional midwife; amend KRS 164.298, 211.180, 311.271, and 311.550 to conform.
 Current Status:   3/27/2018 - received in House
 Recent Status:   3/27/2018 - (S) THIRD READING; floor amendment (1) defeated; passed 29-8 with Committee Substitute (1)
3/22/2018 - (S) Passed Over and retained in the Orders of the Day
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB134.htm
 
SB143PRIOR AUTHORIZATION (ALVARADO R) AN ACT relating to prior authorization.

Create a new section of subtitle 17A of KRS Chapter 304 to require an insurer develop processes for electronic prior authorizations; to establish an extended length of authorization under certain circumstances; create a new section of KRS Chapter 205 to require that the Department of Medicaid Services comply with the provisions of this Act; amend 205.522 to require a Medicaid managed care organization to comply with Sections 1 and Sections 8,9,10,11, and 12 of this Act; amend KRS 217.211 to require governmental units of the Commonwealth to promulgate administrative regulations for electronic prescribing that include electronic prior authorization standards meeting certain requirements; amend KRS 218A.171 to require governmental units of the Commonwealth to promulgate administrative regulations for electronic prescribing that include electronic prior authorization standards meeting certain requirements; amend KRS 304.17A-005 to define "cost sharing," "covered services," "emergency health care services," "emergency medical condition," "health care services," "health facility" or "facility," "insured" or "covered person," "medically necessary health care services," "nonparticipating provider," and "participating provider"; amend 304.17A-500 to remove duplicate definitions; amend KRS 304.17A-580 to include prehospital transportation in required coverage; to prohibit a requirement of a utilization review for prehospital transportation or for the provision of emergency health care services; to establish a presumption of medical necessity if a provider certifies in writing that services were emergency health care services; to allow rebuttal of presumption of medical necessity by clear and convincing evidence; to prohibit greater restrictions of emergency health care services coverage for nonparticipating providers than for participating providers; to establish time frame for notification of an insurer following provision of emergency health care services to a covered person; amend KRS 304.17A-600 to amend the definition of "prospective review" to include prior authorization, step therapy, preadmission review, pretreatment review, and utilization and case management; establish standard of review for "urgent health care services"; amend KRS 304.17A-603 to require certain written procedures of insurers be accessible on its Web site; amend 304.17A-607 to require that only physicians licensed in Kentucky decisions relating to utilization reviews; to establish a time frame for providing utilization decisions; to allow for electronic format of certain required notices; to establish that an insurer's failure to respond within set time frames shall be deemed a preauthorization; amend KRS 304.17A-641 to establish preauthorization time frame requirement for emergency medical conditions or other health care services that require immediate post-evaluation or post-stabilization services; to establish that an insurer's failure to respond within set time frames shall be deemed a preauthorization; Amend KRS 304.17A-096, 304.17A-430, 304.17A-623, 304.17A-600 304.17B-001, 304.17B-015, 304.17B-033, 304.17C-010, 304.18-114, 304.38A-010 and 304.29-241 to conform; repeal 304.17A-640
 Current Status:   2/14/2018 - (S) Referred to Committee Senate Banking and Insurance
 Recent Status:   2/13/2018 - Introduced
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB143.htm
 
SB153INTERSTATE MEDICAL LICENSURE COMPACT (ALVARADO R) AN ACT relating to interstate medical licensure compact.

Create a new section of KRS Chapter 311 to enact and enter into the Interstate Medical 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 physicians.
 Current Status:   2/16/2018 - (S) Referred to Committee Senate Licensing, Occupations, and Administrative Regulations
 Recent Status:   2/15/2018 - Introduced
 State Bill Page:   http://www.lrc.ky.gov/record/18RS/SB153.htm
 
If you have questions about these or other bills, please contact Sarah S. Nicholson at KHA (snicholson@kyha.com).
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