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Legislative Report June 18, 2024
Prepared by: Top Shelf Lobby, LLC


NABIP - Kentucky Legislative Report
Bill Information
APPROPRIATIONS FOR GOVERNMENT AGENCIES
(PETRIE, JASON; Rudy, Steven; Bowling, Adam; Bray, Josh; Bridges, Randy; Meredith, Michael)

AN ACT relating to government agencies, making an appropriation therefor, and declaring an emergency.

Appropriate General Fund moneys from the Budget Reserve Trust Fund Account in fiscal years 2023-2024, 2024-2025, and 2025-2026 to the following: Kentucky Infrastructure Authority for drinking water and wastewater infrastructure grants; Department for Local Government to provide matching funds under the Government Resources Accelerating Needed Transformation Program; Kentucky Public Pensions Authority to be applied to the unfunded liability of the State Police Retirement Systems and the Kentucky Employees Retirement System Nonhazardous pension funds; Teachers' Retirement System to be applied to the unfunded actuarially accrued liability; Cabinet for Economic Development to support the KEDFA loan pool and development projects; Department of Kentucky State Police for lab equipment; Transportation Cabinet to improve public riverports, to implement the Short Line Infrastructure Preservation and Industrial Access and Safety Improvement pilot projects, and support grants to each General Aviation airport; APPROPRIATION; EMERGENCY. House Committee Substitute (1) Retain, delete, and add to original provisions; appropriate General Fund moneys from the Budget Reserve Trust Fund Account in fiscal years 2023-2024, 2024-2025, and 2025-2026 to the following: Kentucky Infrastructure Authority for drinking water and wastewater infrastructure grants; Department for Local Government to provide matching funds under the Government Resources Accelerating Needed Transformation Program; Kentucky Public Pensions Authority to be applied to the unfunded liability of the State Police Retirement Systems and the Kentucky Employees Retirement System Nonhazardous pension funds; Teachers' Retirement System to be applied to the unfunded actuarially accrued liability; Cabinet for Economic Development to support mega-development projects, the KEDFA loan pool, and other development projects; Department of Kentucky State Police for lab equipment; Transportation Cabinet to improve public riverports, to implement the Short Line Infrastructure Preservation and Industrial Access and Safety Improvement pilot projects, and support grants to each General Aviation airport; APPROPRIATION; EMERGENCY. Senate Committee Substitute (1) Retain original provisions and add General Fund appropriations from the Budget Reserve Trust Fund Account to the following: Department for Local Government for various projects/programs, Kentucky Public Pension Authority for various payments, Economic Development for various projects/programs, Community Based Services for various projects/programs, Criminal Justice Training for a program in the City of Madisonville, Council on Postsecondary Education and various universities for projects/programs, Horse Park Commission for facility upgrades, and Transportation Cabinet for various projects/programs; APPROPRIATION; EMERGENCY.

  RECENT STATUS

4/12/2024 - Delivered to Secretary of State

4/12/2024 - Enrolled, Signed by President of the Senate

4/12/2024 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

4/3/2024 - Did the KY legislature make a $200M mistake? Here’s what you missed in the state budget.

3/29/2024 - Legislature OKs massive one-time $2.7B spending bill focused on projects & tax cuts

3/28/2024 - Kentucky state budget and revenue bills clear legislature, head to Beshear

3/27/2024 - General Assembly moves closer to finalizing state budget

3/14/2024 - McDaniel’s budget plan includes $150M biomedical center, Chase Law School, UK med school at IRS site

3/13/2024 - Republican senators reveal their version of Kentucky's next two-year budget

3/13/2024 - Ky. Senate committee speeds through budget bills with additional $1.7B for projects

3/13/2024 - Pay raises, extra pension check: How the Kentucky Senate budget differs from House version

3/13/2024 - Senate passes two-year budget proposal

2/22/2024 - Gov. Beshear sounds off on Bluegrass Station expansion as residents rally against project

2/2/2024 - New $30 billion GOP budget and massive one-time spending bill clears KY House

2/2/2024 - 'About to squander it': Kentucky House passes budget bills, Dems decry shortfalls

2/1/2024 - House passes two-year Kentucky budget, including $1.7 billion in one-time spending

1/31/2024 - Ky. House GOP budget bills clear committee with changes to school transportation, vacancies

1/29/2024 - Beshear and GOP face off over potential state job cuts; thousands of positions at risk

1/24/2024 - Legislative update: Week three of the session

1/17/2024 - Kentucky House GOP budget differs with Democratic governor over how to award teacher pay raises

1/16/2024 - Republicans' Kentucky budget plan targets pensions, school funding

1/16/2024 - House GOP budget focuses on one-time expenses, ignores Beshear on pre-K & teacher raises

EXECUTIVE BRANCH BUDGET
(PETRIE, JASON; Bowling, Adam; Bentley, Danny; Bray, Josh; Rudy, Steven)

AN ACT relating to appropriations measures providing funding and establishing conditions for the operations, maintenance, support, and functioning of the government of the Commonwealth of Kentucky and its various officers, cabinets, departments, boards, commissions, institutions, subdivisions, agencies, and other state-supported activities.

The State/Executive Branch Budget: Detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION. House Committee Substitute (1) The State/Executive Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION. Senate Committee Substitute (1) The State/Executive Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION. Free Conference Committee Report (1) The State/Executive Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, State Salary/Compensation, Benefit, and Employment Policy; detail Part V, Funds Transfer; detail Part VI, General Fund Budget Reduction Plan; detail Part VII, General Fund Surplus Expenditure Plan; detail Part VIII, Road Fund Budget Reduction Plan; detail Part IX, Road Fund Surplus Expenditure Plan; detail Part X, Phase I Tobacco Settlement; and detail Part XI, Executive Branch Budget Summary; APPROPRIATION.

  RECENT STATUS

4/12/2024 - Delivered to Secretary of State

4/12/2024 - Enrolled, Signed by President of the Senate

4/12/2024 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

5/8/2024 - 'It's our money': How Kentucky lawmakers decided where to spend $137 billion

4/13/2024 - GOP-dominated Kentucky legislature overrides most of Gov. Beshear’s vetoes, including budget line-items

4/12/2024 - Kentucky lawmakers gear up for veto overrides on Friday

4/1/2024 - Ky senator had a solution for at-risk youths in custody. Then the money vanished

3/29/2024 - How did state workers fare in the state budget? 3% raises, but none for retirees

3/29/2024 - Legislature OKs massive one-time $2.7B spending bill focused on projects & tax cuts

3/29/2024 - Kentucky budget gets final legislative approval: No '13th check' for state retirees

3/28/2024 - Kentucky state budget and revenue bills clear legislature, head to Beshear

3/28/2024 - State budget bill passed by Kentucky Senate would increase support for schools

3/28/2024 - Kentucky Senate approves final version of two-year state budget

3/28/2024 - Executive Branch approves budget that is 'strong spending plan'

3/27/2024 - General Assembly moves closer to finalizing state budget

3/27/2024 - ‘A shame:’ $300 million Horizons Act is ‘dead,’ sponsor says

3/26/2024 - ‘Final’ KY budget boosts K-12 funding, but still no teacher raises

3/20/2024 - Kentucky Senate proposes $16M in bond funds for NKU soccer stadium

3/20/2024 - $21M proposed for NKY medical examiner, crime lab project

3/19/2024 - Medical cannabis funding hinges on conclusive ‘evidence,’ Senate proposal says

3/18/2024 - Kentucky Senate proposes conditions for providing funds for the state's Office of Medical Cannabis

3/14/2024 - McDaniel’s budget plan includes $150M biomedical center, Chase Law School, UK med school at IRS site

3/13/2024 - Senate passes two-year budget proposal

3/13/2024 - Republican senators reveal their version of Kentucky's next two-year budget

3/13/2024 - Ky. Senate committee speeds through budget bills with additional $1.7B for projects

3/13/2024 - Five NKY Chamber infrastructure asks to watch this session

3/13/2024 - Pay raises, extra pension check: How the Kentucky Senate budget differs from House version

2/22/2024 - Gov. Beshear sounds off on Bluegrass Station expansion as residents rally against project

2/21/2024 - Campbell County Schools push for higher SEEK funds for teacher pay

2/14/2024 - House budget slams the brakes on future electric vehicle purchases by some state agencies

2/14/2024 - House plan would create ‘a hole’ in Kentucky Medicaid budget, Senate committee told

2/13/2024 - Could Bourbon County landowners lose their property for a $320 million military project?

2/7/2024 - Kentucky House budget defunds program steering defendants to drug treatment

2/5/2024 - Warren County Educators discuss importance of sustainable compensation

2/2/2024 - New $30 billion GOP budget and massive one-time spending bill clears KY House

2/2/2024 - 'About to squander it': Kentucky House passes budget bills, Dems decry shortfalls

2/1/2024 - House passes two-year Kentucky budget, including $1.7 billion in one-time spending

2/1/2024 - Kentucky House boosts school spending, leaves out guaranteed teacher raises and universal pre-K

1/31/2024 - Ky. House GOP budget bills clear committee with changes to school transportation, vacancies

1/31/2024 - School transportation would be fully funded for first time in decades under House budget plan

1/29/2024 - Beshear and GOP face off over potential state job cuts; thousands of positions at risk

1/29/2024 - KY superintendents say GOP budget won’t help attract, retain teachers, according to survey

1/24/2024 - Legislative update: Week three of the session

1/19/2024 - Kentucky’s kids and teachers left out in House Republican budget proposal, groups say

1/18/2024 - House Republicans unveil two-year state budget with over $1.7 billion in one-time spending

1/17/2024 - Kentucky House GOP budget differs with Democratic governor over how to award teacher pay raises

1/17/2024 - Kentucky House budget would increase K-12 funding but not fund universal pre-K

1/16/2024 - House GOP budget focuses on one-time expenses, ignores Beshear on pre-K & teacher raises

1/16/2024 - Republicans' Kentucky budget plan targets pensions, school funding

MATERNAL AND CHILD HEALTH
(MOSER, KIMBERLY POORE; Tate, Nancy; Banta, Kim; Bentley, Danny; Bojanowski, Tina; Bratcher, Kevin D.; Bratcher, Steve; Callaway, Emily; Decker, Jennifer; Dietz, Stephanie; Duvall, Robert; Elliott, Daniel; Fleming, Ken; Hart, Mark; Imes, Mary Beth; King, Kim; Neighbors, Amy; Palumbo, Ruth Ann; Raymer, Rebecca; Smith, Tom; Thomas, Walker; Timoney, Killian; Truett, Timmy; Willner, Lisa; Wilson, Nick; Witten, Susan)

AN ACT relating to maternal and child health.

Create a new section of KRS Chapter 211 to establish the Kentucky maternal psychiatry access program, also known as the Kentucky Lifeline for Moms; establish duties and responsibilities of the program; direct that the program shall be operated by the Department for Public Health, Division of Maternal and Child Health; amend KRS 211.122 to establish that the collaborative panel related to maternal and infant health shall be renamed the Kentucky maternal and infant health collaborative; establish formal membership of the collaborative; require that the collaborative annually review the operations of the new Kentucky maternal psychiatry access program; amend KRS 211.690, related to the Health Access Nurturing Development Services program to require the HANDS program provide information related to lactation consultation, breastfeeding, and safe sleep for babies; establish that the program participants shall participate in the home visitation program through in-person face-to-face methods or through tele-service delivery methods; create a new section of Subtitle 17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for the coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with the special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; amend KRS 205.522 to require Medicaid coverage of maternity services; amend KRS 205.592 to allow Medicaid income limit for certain women and children to be increased under certain circumstances; amend KRS 205.6485 to require Kentucky Children’s Health Insurance Program to provide maternity coverage; create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services to provide coverage for lactation consultation and breastfeeding equipment; require the Cabinet for Health and Family Services to apply for a Medicaid waiver if potential cost defrayment or loss of federal funds is identified; require the Cabinet for Health and Family Services to study doula certification programs nationally; EFFECTIVE, in part, January 1, 2025. House Committee Substitute (1) Retain original provisions; amend KRS 211.122 to add two additional members to the newly established Kentucky maternal and infant health collaborative; amend KRS 304.17A-145 to define "in-home program" and "telehealth"; establish health insurance coverage for an in-home program and telehealth services; amend new section of KRS Chapter 205 to define "in-home program" and "telehealth"; establish health insurance coverage for an in-home program and telehealth services; make technical corrections; effective January 1, 2025. House Floor Amendment (1) Amend pregnancy special enrollment period requirement to apply to individual health plans except short term duration plans; amend maternity coverage requirement to remove application to short term duration plans and to exclude grandfathered group health benefit plans; provide that the state employee health plan and self-insured employer group health plans provided by state postsecondary education institutions to their employees shall provide a pregnancy special enrollment period.

  RECENT STATUS

3/27/2024 - floor amendment (5) filed

3/27/2024 - floor amendment (4) filed

3/26/2024 - Floor Amendments (2) and (3) filed to Committee Substitute

MEDICAID COVERAGE
(FRAZIER GORDON, DEANNA; Aull, Chad; Bentley, Danny; Pratt, Phillip)

AN ACT relating to Medicaid coverage for at-home anticoagulation management.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization contracted for the delivery of Medicaid Services to provide coverage and reimbursement for at home prothrombin time or international normalized ratio (INR) testing, including but not limited to coverage and reimbursement for education and training, INR monitors or testing devices, and all necessary testing supplies; authorize the department to promulgate administrative regulations; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if is determined that such approval is necessary; require the cabinet to comply with KRS 205.525.

  RECENT STATUS

4/4/2024 - SIGNED BY GOVERNOR

3/27/2024 - delivered to Governor

3/27/2024 - Enrolled, Signed by President of the Senate

RIGHT TO REFUSE MEDICAL TREATMENT
(RAWLINGS, STEVE; Callaway, Emily; Calloway, Josh; Doan, Steven; Hart, Mark; Hodgson, John; Massaroni, Candy; Proctor, Marianne)

AN ACT relating to the right to refuse medical treatment.

Create a new section of KRS Chapter 311 to recognize an inherent and absolute right to refuse medical treatment and remove liability protections in the event of a serious adverse reaction.

  RECENT STATUS

1/2/2024 - Introduced

COVERAGE FOR CANCER DETECTION
(FRAZIER GORDON, DEANNA; Aull, Chad; Bentley, Danny; Chester-Burton, Beverly; Gentry, Alan; Palumbo, Ruth Ann; Roarx, Rachel; Roberts, Rachel; Stalker, Sarah; Willner, Lisa)

AN ACT relating to coverage for cancer detection.

Create a new section of Subtitle 17A of KRS Chapter 304 to define "cancer screeing, test, or procedure"; require coverage for screenings, tests, and procedures performed for the purpose of detecting cancer that occur prior to diagnosis; amend KRS 304.17C-125, 205.522, 164.2871, and 18A.225 to require limited health service benefit plans, Medicaid, self-insured employer group health plans provided by the governing board of a state postsecondary education institution, and the state employee health plan to comply with the cancer coverage requirement; provide that various sections apply to health insurance policies, certificates, plans, or contracts issued or renewed on or after January 1, 2025; establish the construction of certain provisions for purposes of federal law and require state officials to comply; require the Department of Insurance to determine whether the coverage requirement for cancer detection would be in addition to essential health benefits required under federal law; require the Department of Insurance and the Cabinet for Health and Family Services to obtain federal waivers, if necessary; EFFECTIVE, in part, January 1, 2025. House Committee Substitute (1) Retain original provisions, except amend the definition of "cancer screening, test, or procedure"; define "health benefit plan"; limit the application of certain provisions to health benefit plans; include nationally recognized clinical practice guidelines established by certain organizations; delete section amending KRS 304.17C-125.

  RECENT STATUS

4/4/2024 - SIGNED BY GOVERNOR

3/27/2024 - delivered to Governor

3/27/2024 - Enrolled, Signed by President of the Senate

COVERAGE FOR ANNUAL PAP SMEARS
(BANTA, KIM; Chester-Burton, Beverly; Raymond, Josie; Roberts, Rachel; Stevenson, Cherlynn; Stevenson, Pamela)

AN ACT relating to coverage for annual pap smears.

Create a new section of Subtitle 17A of KRS Chapter 304 to require coverage for an annual pap smear without cost sharing; amend KRS 304.17A-647 to conform; amend KRS 304.17C-125, 205.522, 164.2871, and 18A.225 to require limited health service benefit plans, Medicaid, self-insured employer group health plans provided by the governing board of a state postsecondary education institution, and the state employee health plan to comply with the pap smear coverage requirement; apply requirement to health insurance policies, certificates, plans, or contracts issued or renewed on or after January 1, 2025; require the Cabinet for Health and Family Services to obtain federal approval if necessary relative to Medicaid; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

1/2/2024 - Introduced

MENSTRUAL DISCHARGE COLLECTION DEVICES
(BANTA, KIM; Bojanowski, Tina; Chester-Burton, Beverly; Dietz, Stephanie; Grossberg, Daniel; Heavrin, Samara; Nemes, Jason; Palumbo, Ruth Ann; Raymond, Josie; Stalker, Sarah; Willner, Lisa)

AN ACT relating to menstrual discharge collection devices.

Amend KRS 139.010 to define "menstrual discharge collection devices"; amend KRS 139.480 to exempt from sales and use tax the sale or purchase of menstrual discharge collection devices; EFFECTIVE August 1, 2024.

  RECENT STATUS

1/2/2024 - Introduced

COVERAGE FOR BREAST EXAMINATIONS
(MOSER, KIMBERLY POORE; Willner, Lisa; Bentley, Danny; Bojanowski, Tina; Burke, Lindsey; Chester-Burton, Beverly; Heath, Richard; Neighbors, Amy; Palumbo, Ruth Ann; Raymond, Josie; Sharp, Scott; Stalker, Sarah; Stevenson, Cherlynn; Stevenson, Pamela; Tate, Nancy; Witten, Susan)

AN ACT relating to coverage for breast examinations.

Amend KRS 304.17-316 to define terms; make technical corrections; prohibit cost-sharing requirements for any covered diagnostic breast examination or supplemental breast examination; provide for additional coverage if required under federal law; provide exemption to Health Savings Account-qualified High Deductible Health Plans under certain circumstances; amend KRS 304.17A-096, 304.17A-133, 304.18-098, 304.32-1591, and 304.38-1935 to conform; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with breast examination coverage requirements; EFFECTIVE January 1, 2025.

  RECENT STATUS

4/5/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

INSURANCE FOR LOSS OF INCOME
(HEAVRIN, SAMARA; Dietz, Stephanie; Aull, Chad; Burke, Lindsey; Chester-Burton, Beverly; Clines, Mike; Kulkarni, Nima; Moser, Kimberly Poore; Palumbo, Ruth Ann; Roarx, Rachel; Roberts, Rachel; Stalker, Sarah; Stevenson, Cherlynn; Stevenson, Pamela; Timoney, Killian; Witten, Susan)

AN ACT relating to insurance for loss of income and declaring an emergency.

Amend KRS 304.3-110 to authorize life and health insurers to transact disability income and paid family leave insurance; make technical corrections; create new sections of Subtitle 5 of KRS Chapter 304 to define "disability income insurance" and "paid family leave insurance" and specify how each is to be classified and filed; amend KRS 304.9-030 to include paid family leave insurance in life and health lines of authority; establish Subtitle 53 of KRS Chapter 304 and create new sections thereof to regulate paid family leave insurance; establish paid family leave insurance requirements, authorized scope of benefits, disclosure requirements, and authorized limitations; authorize the insurance commissioner to promulgate administrative regulations to enforce Subtitle 53 of KRS Chapter 304; create short title; amend KRS 304.17A-005, 304.18-010, and 304.36-030 to conform; EMERGENCY.

  RECENT STATUS

4/5/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

FISCAL IMPACTS OF HEALTH INSURANCE MANDATES
(MEREDITH, MICHAEL; Petrie, Jason)

AN ACT relating to fiscal impacts of health insurance mandates and declaring an emergency.

Create a new section of subtitle 17A of KRS Chapter 304 to exempt qualified health plans from insurance laws that result, or would result, in a determination that the state must make payments to defray the cost of the requirements under federal law; require the Department of Insurance to apply for a waiver of any cost defrayal requirements. House Committee Substitute (1) Delete original provisions; repeal and reenact KRS 6.948 to establish a process for health mandate impact statements, federal cost defrayal impact statements, and state employee health plan impact statements to be completed and transmitted; create a new section of Subtitle 17A of KRS Chapter 304 to suspend provisions of the Insurance Code that result, or would result, in the state being required to defray the cost of the provision under federal law; set forth requirements for calculating and making cost defrayal payments; require qualified health plan issuers to use payments received from the state to provide a rebate or reduce premiums to insureds; require the commissioner to promulgate administrative regulations to enforce and effectuate the section; amend KRS 194A.099 to conform; provide that the suspension of certain Insurance Code provisions applies to health insurance plans, certificates, policies, or contracts issued or renewed on or after the effective date of the Act; EMERGENCY. Senate Committee Substitute (1) Retain original provisions, except limit suspension of insurance code provisions to provisions that become effective after January 1, 2024; insert construction clause establishing intent of KRS 304.17A-263; require the Department of Insurance to identify within 90 days whether any requirement of KRS 304.17A-263 is in addition to essential health benefits; require the commissioner of insurance and any other state official or state agency to comply with construction clause and identification requirement.

  RECENT STATUS

4/9/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

PHARMACY BENEFITS
(SHARP, SCOTT)

AN ACT relating to pharmacy benefits.

Amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other pharmacy benefit administrators from requiring or incentivizing the use of a mail-order pharmaceutical distributor; amend KRS 304.17C-125, KRS 304.38A-115, 18A.225, and 164.2871 to apply provisions of amended KRS 304.17A-164 to limited health service benefit plans, including limited health service contracts, limited health service organizations, the state employee health plan, and postsecondary educational institution self-insured group health plans; repeal 304.38A-120, relating to assignment of certain benefits under limited health service organization plans, to consolidate like provisions; make technical corrections; EFFECTIVE January 1, 2025. House Committee Substitute (1) Retain original provisions, except amend definition of "insurer" to make technical amendment; add definition of "mail-order pharmaceutical distributor"; delete prohibition on requiring or incentivizing use of a mail-order pharmaceutical distributor; prohibit imposing greater or more restrictive requirements for use of a retail pharmacy to access a drug in certain circumstances.

  RECENT STATUS

4/18/2024 - SIGNED BY GOVERNOR

4/15/2024 - delivered to Governor

4/15/2024 - Enrolled, Signed by President of the Senate

  NEWS STORIES

3/12/2024 - House pushes through 10 bills

THERAPY PROTOCOLS
(NEIGHBORS, AMY; Bentley, Danny; Chester-Burton, Beverly; Lewis, Scott ; Lewis, Derek; Pollock, Michael Sarge)

AN ACT relating to step therapy protocols.

Amend KRS 304.17A-163 to permit insurers to require insureds to try biosimilar biological products prior to providing coverage for the equivalent branded prescription drug under certain circumstances; make findings and establish intent of Act. House Committee Substitute (1) Amend KRS 304.17A-163 relating to construction of statute relating to step therapy protocols.

  RECENT STATUS

3/15/2024 - SIGNED BY GOVERNOR

3/8/2024 - delivered to Governor

3/8/2024 - Enrolled, Signed by President of the Senate

LEGISLATIVE BRANCH BUDGET
(OSBORNE, DAVID W.)

AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky.

The LRC Director's recommended Legislative Branch Budget: Detail Part I, Operating Budget; detail Part II, General Provisions; detail Part III, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION.

  RECENT STATUS

1/16/2024 - Introduced

AMENDING 2022-2024 EXECUTIVE BRANCH BUDGET
(PETRIE, JASON; Bray, Josh; Bowling, Adam; Rudy, Steven)

AN ACT amending the 2022-2024 State/Executive Branch biennial budget, making an appropriation therefor, and declaring an emergency.

Amend the 2022-2024 State/Executive Branch biennial budget to implement a cap for disaster or emergency aid funds under the Military Affairs budget unit in fiscal year 2023-2024 and for the necessary government expense under the Adult Correctional Institutions budget unit in fiscal year 2023-2024; APPROPRIATION; EMERGENCY. House Committee Substitute (1) Retain, delete, and add to original provisions; amend the 2022-2024 State/Executive Branch biennial budget to implement a cap for disaster or emergency aid funds under the Military Affairs budget unit in fiscal year 2023-2024 and for the necessary government expense under the Adult Correctional Institutions budget unit in fiscal year 2023-2024; APPROPRIATION; EMERGENCY.

  RECENT STATUS

3/8/2024 - (S) Returned to Committee Senate Appropriations & Revenue (S)

3/8/2024 - (S) SECOND READING

3/8/2024 - (S) Taken From Committee

LEGISLATIVE BRANCH BUDGET
(PETRIE, JASON; Bowling, Adam; Bray, Josh; Rudy, Steven)

AN ACT making appropriations for the operations, maintenance, and support of the Legislative Branch of the Commonwealth of Kentucky.

The Legislative Branch Budget: Detail Part I, Operating Budget; detail Part II, General Provisions; detail Part III, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION. House Committee Substitute (1) The Legislative Branch Budget: Retain and add to original provisions; detail Part I, Operating Budget; detail Part II, General Provisions; detail Part III, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION. Senate Committee Substitute (1) The Legislative Branch Budget: Retain and add to original provisions; detail Part I, Operating Budget; detail Part II, General Provisions; detail Part III, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION.

  RECENT STATUS

4/12/2024 - Delivered to Secretary of State

4/12/2024 - Enrolled, Signed by President of the Senate

4/12/2024 - Enrolled, Signed by Speaker of the House

JUDICIAL BRANCH BUDGET
(PETRIE, JASON; Bowling, Adam; Bray, Josh; Flannery, Patrick)

AN ACT making appropriations for the operations, maintenance, support, and functioning of the Judicial Branch of the government of the Commonwealth of Kentucky and its various officers, boards, commissions, subdivisions, and other state-supported activities.

The Judicial Branch Budget: Detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION. House Committee Substitute (1) The Judicial Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION. Senate Committee Substitute (1) The Judicial Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION. Free Conference Committee Report (1) The Judicial Branch Budget: Retain, delete, and add to original provisions; detail Part I, Operating Budget; detail Part II, Capital Projects Budget; detail Part III, General Provisions; detail Part IV, Budget Reduction or Surplus Expenditure Plan; APPROPRIATION.

  RECENT STATUS

4/9/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

OBESITY TREATMENT
(TATE, NANCY; Raymond, Josie)

AN ACT relating to obesity treatment.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization contracted to provide Medicaid benefits to provide comprehensive coverage for the treatment of obesity and inform Medicaid enrollees of the availability of the coverage; create a new section of KRS Chapter 211 to require the Cabinet for Health and Family Services to report annually to the Legislative Research Commission on efforts to reduce and manage obesity; require the report to be made public on the cabinet's website; amend KRS 205.6485 to require KCHIP to comply with the coverage requirement; make technical amendments; amend KRS 164.2871 and18A.225 to require self-insured employer group health plans offered by the governing board of a state postsecondary education institution and the state employee health plan to provid comprehensive coverage for the treatment of obesity and establish cost-sharing requirements; provide that certain sections apply to health benefit plans issued or renewed on or after January 1, 2025; require the Cabinet for Health and Family Services to seek federal approval, if necessary and submit information about any state plan amendment or waiver application; provide that the Act may be cited as the Diabetes Prevention and Obesity Treatment Act.

  RECENT STATUS

1/16/2024 - Introduced

PRACTICE OF PHARMACY
(BENTLEY, DANNY; Baker, Shane; Blanton, John; Branscum, Joshua; Bridges, Randy; Chester-Burton, Beverly; Duvall, Robert; Fugate, Chris; Hale, David; Johnson, DJ; Lewis, Scott ; Lewis, Derek; Lockett, Matt; Moser, Kimberly Poore; Neighbors, Amy; Palumbo, Ruth Ann; Pollock, Michael Sarge; Pratt, Phillip; Raymer, Rebecca; Raymond, Josie; Riley, Steve; Sharp, Scott; Smith, Tom; Stalker, Sarah; Stevenson, Cherlynn; Stevenson, Pamela; Tate, Nancy; Williams, Wade; Willner, Lisa)

AN ACT relating to the practice of pharmacy.

Amend KRS 315.010 and 315.205 to permit pharmacists to administer vaccines to children 3 years of age or older pursuant to prescriber-approved protocols with the consent of a parent or guardian. House Committee Substitute (1) Retain original provisions, except increase the minimum age of children pharmacists would be permitted to vaccinate to five years of age instead of three.

  RECENT STATUS

3/26/2024 - SIGNED BY GOVERNOR

3/25/2024 - delivered to Governor

3/25/2024 - Enrolled, Signed by President of the Senate

COVERAGE FOR SUBSTANCE USE DISORDER
(RAYMOND, JOSIE; Bojanowski, Tina; Grossberg, Daniel; Herron, Keturah; Stevenson, Cherlynn; Stevenson, Pamela)

AN ACT relating to coverage for substance use disorder.

Create a new section of Subtitle 17A of KRS Chapter 304 to require certain health insurance policies, plans, certificates, and contracts to provide coverage for comprehensive supervised substance use disorder treatment; create a new section of Subtitle 17C of KRS Chapter 304 and amend KRS 164.2871 and 18A.225 to require limited health service benefit plans, the state employee health plan, and state postsecondary institution self-insured employer group health plans to comply with the coverage requirement; apply provisions to policies, plans, certificates, and contracts issued or renewed on or after January 1, 2025; provide that the Act may be cited as Braxton's Law; EFFECTIVE January 1, 2025.

  RECENT STATUS

1/17/2024 - Introduced

MEDICAID COVERAGE FOR DOULA SERVICES
(CHESTER-BURTON, BEVERLY; Raymond, Josie)

AN ACT relating to Medicaid coverage for doula services.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with which the department contracts for the delivery of Medicaid services to provide coverage for doula services; establish training and education requirements for doulas; permit the department to promulgate administrative regulations; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if they determine that such approval is necessary.

  RECENT STATUS

1/18/2024 - Introduced

HEALTH SERVICES
(ROBERTS, RACHEL; Burke, Lindsey; Raymond, Josie)

AN ACT relating to health services.

Create a new section of KRS Chapter 311 to define "health service" and "seeking, obtaining, providing, or facilitating a health service"; provide exemption from civil liability, criminal liability, or administrative investigation for seeking, obtaining, providing, or facilitating a health service that is provided outside of Kentucky to a patient who resides in Kentucky and the health service is lawful in the state in which it is to be provided; include any health service that occurs in Kentucky as a result of a patient's use of a drug provided the patient received the drug outside of Kentucky for the patient's personal and sole use, and the patient personally transported the drug into Kentucky for the patient's sole use; prohibit any record created regarding any protected action from being disclosed or sold; prohibit disciplinary action for a physician, health care provider, or other professional licensed in Kentucky for taking protected actions; prohibit a public agency or employee, representative, or agent of a public agency from taking action against the ability of a person to travel across a state line to obtain a health service that is lawful in the state in which the service is to be provided or to assist another person traveling for this purpose; prohibit any protected action by itself from being a violation of KRS 529.100 or KRS 529.110 relating to human trafficking; prohibit construing that any right to the performance of a health service in Kentucky that is prohibited by law.

  RECENT STATUS

1/19/2024 - Introduced

MEDICAL OVERSIGHT AND ADVISORY BOARD
(PETRIE, JASON; Moser, Kimberly Poore)

AN ACT relating to the establishment of the Medicaid Oversight and Advisory Board of the Kentucky General Assembly and declaring an emergency.

Create new sections of KRS Chapter 7A to define terms; establish the Medicaid Oversight and Advisory Board of the Kentucky General Assembly to review, analyze, study, evaluate, provide legislative oversight, and make recommendations to the General Assembly regarding any aspect of the Kentucky Medicaid Program; establish board membership, authority, and duties; amend KRS 7A.010, 7A.140, 7A.150, and 7A.180 to conform; EMERGENCY. House Floor Amendment (1) Amend a new section increasing the non-legislative board by two members and allowing the Speaker of the House of Representatives and the President of the Senate to each select a representative of a managed care organization.

  RECENT STATUS

3/1/2024 - received in Senate

2/29/2024 - (H) THIRD READING, passed 94-4 with Floor Amendment (1)

2/29/2024 - (H) Posted for Passage in Regular Orders of the Day; w/ HFA1

PRIOR AUTHORIZATION
(MOSER, KIMBERLY POORE; Duvall, Robert; Aull, Chad; Banta, Kim; Bentley, Danny; Bojanowski, Tina; Bratcher, Kevin D.; Bratcher, Steve; Camuel, Adrielle; Gentry, Alan; Grossberg, Daniel; Hart, Mark; Palumbo, Ruth Ann; Raymond, Josie; Roberts, Rachel; Smith, Tom; Stalker, Sarah; Timoney, Killian; White, Richard; Williams, Wade)

AN ACT relating to prior authorization.

Amend KRS 304.17A-600 to define "health care provider"; make conforming amendments; create new sections of KRS 304.17A-600 to 304.17A-633 to establish eligibility criteria and requirements for prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements for external reviews of prior authorization exemption denials and rescissions; establish requirements for sending forms and notices to health care providers; provide that nothing shall be construed to authorize a health care provider to act outside the provider's scope of practice or require an insurer or private review agent to pay for a health care service performed in violation of law; require the commissioner of the Department of Insurance to establish forms; amend KRS 304.17A-605 to establish applicability of provisions relating to prior authorization exemptions to certain insurers and private review agents; amend KRS 304.17A-607 to establish requirements for prior authorizations; amend KRS 304.17A-611 to prohibit the retrospective denial, reduction in payment, and review of health care services for which a health care provider has a prior authorization exemption and establish exceptions; amend KRS 304.17A-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption denials and rescissions; require independent review entities and reviewers of prior authorization exemption denials and rescissions to submit an annual report to the Department of Insurance; amend KRS 304.17A-633 to require the commissioner of the Department of Insurance to report on external reviews of prior authorization exemptions denials and rescissions; amend KRS 304.17A-706 to conform; amend KRS 205.536 to require managed care organizations contracted to provide Medicaid benefits to comply with the sections on prior authorization exemptions; apply the provisions to contracts delivered, entered, renewed, extended, or amended on or after the effective date of the Act; require the Cabinet for Health and Family Services to seek approval if it is determined that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

3/12/2024 - (H) Returned to Committee House Banking & Insurance (H)

3/12/2024 - (H) SECOND READING

3/12/2024 - (H) Taken From Committee

PRIOR AUTHORIZATION
(LOCKETT, MATT; Bray, Josh)

AN ACT relating to prior authorization.

Create a new section of KRS 304.17A-600 to 304.17A-633 to require insurers of health benefit plans to offer a program to reduce or eliminate prior authorization requirements; establish notice requirements; establish participating provider requirements; provide that the Act applies to health benefit plans issued or renewed on or after January 1, 2026.

  RECENT STATUS

3/12/2024 - (H) Returned to Committee House Banking & Insurance (H)

3/12/2024 - (H) SECOND READING

3/12/2024 - (H) Taken From Committee

COVERAGE OF CHRONIC PAIN TREATMENTS
(STEVENSON, CHERLYNN; Chester-Burton, Beverly)

AN ACT relating to health benefit coverage of chronic pain treatments.

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 chronic pain treatments provided by a licensed professional; create a new section of KRS Chapter 205 to require Medicaid and Medicaid managed care organizations to include coverage for chronic pain treatments provided by a licensed professional; amend KRS 218A.172 to require that a health care practitioner discuss and refer or prescribe alternative chronic pain treatments before initially prescribing or dispensing a controlled substance; EFFECTIVE January 1, 2025.

  RECENT STATUS

1/22/2024 - Introduced

COVERAGE FOR HEPATITIS C INFECTION
(STEVENSON, CHERLYNN; Roberts, Rachel)

AN ACT relating to coverage for hepatitis C virus infection.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for the testing of hepatitis C virus infection in pregnant women and the treatment of hepatitis C virus infection in postpartum women; amend KRS 205.522, 205.6485, 164.2871, and 18A.225 to require Medicaid, KCHIP, self-insured employer plans provided by state postsecondary institutions, and the state employee health plan to comply with the hepatitis C virus infection coverage requirement for pregnant and postpartum women; make technical amendments; require the Cabinet for Health and Family Services to seek federal approval if they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

1/22/2024 - Introduced

MEDICAID COVERAGE FOR REMOTE ULTRASOUND
(TATE, NANCY; King, Kim)

AN ACT relating to Medicaid coverage for remote ultrasound and fetal nonstress tests.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with which the department contracts for the delivery of Medicaid services to provide coverage for remote ultrasounds and remote fetal nonstress tests; require the department to promulgate administrative regulations; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if they determine that federal approval is necessary.

  RECENT STATUS

1/22/2024 - Introduced

COVERAGE FOR MENTAL HEALTH AND SUBSTANCE USE DISORDERS
(ROBERTS, RACHEL; Aull, Chad; Bojanowski, Tina; Chester-Burton, Beverly; Herron, Keturah)

AN ACT relating to coverage for mental health and substance use disorders.

Amend KRS 304.17A-600 to define terms; create a new section of KRS 304.17A-660 to 304.17A-665 to define terms; require certain health plans to provide coverage for medically necessary treatment of mental health and substance use disorder; establish requirements relating to mental health and substance use disorder benefits and utilization review; amend KRS 304.17A-661 to require the commissioner of insurance to enforce the federal Mental Health Parity and Addiction Equity Act; make conforming amendments; amend KRS 304.17A-665 to require the commissioner of insurance to provide and publish a report on mental health parity; create new sections of KRS 304.17A-660 to 304.17A-665 to establish requirements for certain health plans with respect to prescriptions drugs for the treatment of substance use disorder; require mental health and substance use disorder benefits to be classified as emergency benefits when provided by mental health and substance use disorder emergency practitioners; require certain health plans to provide coverage for an annual comprehensive mental health wellness examination provided by a mental health professional in accordance with nationally recognized clinical practice guidelines; establish requirements for the mental health wellness examination coverage; create a new section of Subtitle 99 of KRS Chapter 304 to establish penalties; amend KRS 304.17A-265 to conform; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require self-insured employer group health plans provided by the governing board of a state postsecondary education institution, Medicaid, the Kentucky Children's Health Insurance Program, and the state employee health plan to comply with certain sections; make technical amendments; repeal KRS 304.17A-669; direct that provisions apply to health plans issued or renewed on or after January 1, 2026; require the Department of Insurance to seek a waiver of cost defrayal requirements, if applicable; require the Cabinet for Health and Family Services to seek federal approval if they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2026.

  RECENT STATUS

1/22/2024 - Introduced

TAXATION OF BREAST PUMPS
(BOJANOWSKI, TINA; Raymond, Josie)

AN ACT relating to taxation of breast pumps and related supplies.

Amend KRS 139.472 to define and exempt from sales and use tax breast pumps, breast pump storage and collection supplies, and breast pump kits from August 1, 2024, to July 31, 2028, and require the Department of Revenue to report the exemption each September 1; amend KRS 131.190 to authorize the department to report the exemption to the Legislative Research Commission; EFFECTIVE August 1, 2024.

  RECENT STATUS

1/24/2024 - Introduced

PERINATAL MOOD AND ANXIETY ORDER SCREENINGS
(WILLNER, LISA)

AN ACT relating to coverage for perinatal mood and anxiety disorders screenings.

Create a new section of KRS Chapter 205 to allow perinatal mood and anxiety disorders screenings to be claimed as a service for the child as part of the early and periodic, diagnostic and treatment benefit; amend KRS 205.6497 to require the Kentucky Children's Health Insurance Program to cover perinatal mood and anxiety disorders screenings; create a new section of Subtitle 17A of KRS Chapter 304 to require a health plan to cover perinatal mood and anxiety disorders screenings as part of a well-child or well-baby visit; amend KRS 164.2871 and 18A.225 to require self-insured employer group health plans offered by a state postsecondary education institution and the state employee health plan to cover perinatal mood and anxiety disorders screenings; direct that certain provisions apply to health plans issued or renewed on after January 1, 2025; require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization, if necessary, and report on requests; require the Department of Insurance to request a federal waiver under certain circumstances; provide that provisions are severable; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

1/30/2024 - Introduced

WORKER BENEFITS
(PRATT, PHILLIP; Rawlings, Steve)

AN ACT relating to worker benefits.

Create a new section of KRS Chapter 336 to define terms; permit a public or private entity to contribute funds to a portable benefit plan of a self-employed worker without establishing an employer classification. House Committee Substitute (1) Retain original provisions, except remove provision specifying that contributions to a portable benefit plan shall not be used as evidence of employer liability. Senate Floor Amendment (1) Retain original provisions, except add that contributions to a portable benefit plan shall not be the sole criterion for determining a worker's employment classification.

  RECENT STATUS

4/15/2024 - (H) PLACED IN THE ORDERS OF THE DAY; for Concurrence or Nonconcurrence in Senate Floor Amendment (1)

4/12/2024 - (H) PLACED IN THE ORDERS OF THE DAY; for Concurrence or Nonconcurrence in Senate Floor Amendment (1)

3/28/2024 - for concurrence in Senate Floor Amendment (1)

  NEWS STORIES

2/27/2024 - House passes flurry of bills

PERINATAL PALLIATIVE CARE
(TATE, NANCY; Moser, Kimberly Poore)

AN ACT relating to perinatal palliative care.

Create a new section of KRS Chapter 216 to require all hospitals offering obstetric services and alternative birthing centers to provide or make referrals for perinatal palliative care; create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for perinatal palliative care; require health benefit plans to provide coverage for perinatal palliative care; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require self-insured employer group health plans provided by the governing board of a state postsecondary institution to its employees, Medicaid, the Kentucky Children's Health Insurance Program, and the state employee health plan to comply with the new section on perinatal palliative care; make technical corrections; provide that the Act may be cited as the Love Them Both Part II Act; direct that provisions apply to health benefit plans issued, renewed, effective, or delivered on or after January 1, 2025; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

3/27/2024 - (H) recommitted to committee House Appropriations & Revenue (H)

3/11/2024 - floor amendments (1), (2) and (3) filed

3/8/2024 - (H) SECOND READING, to Rules

HOME SOLICITATION SALES
(DUVALL, ROBERT; Bentley, Danny; Pollock, Michael Sarge)

AN ACT relating to home solicitation sales.

Amend KRS 367.410 to define "department"; amend KRS 367.450 to provide that sellers of goods or services related to insurance or service contracts who are regulated by the Department of Insurance are exempt from requirements related to home solicitation sales. House Committee Substitute (1) Retain original provisions, except delete definition of "department" and insert definition of "affiliate"; exempt sales of certain service contracts, and goods or services related to insurance or a service contract, if the seller is, or the seller is an affiliate of a person that is, licensed by, registered with, or otherwise regulated by the Department of Insurance; make technical corrections.

  RECENT STATUS

4/4/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

PHARMACEUTICAL DRUG PRICE DISCRIMINATION
(WILLIAMS, WADE; Bentley, Danny; Blanton, John; Bray, Josh; Fugate, Chris; Johnson, DJ; Lawrence, William; Lewis, Scott ; Lewis, Derek; Neighbors, Amy; Palumbo, Ruth Ann; Riley, Steve; Roarx, Rachel; Thomas, Walker; Timoney, Killian; Truett, Timmy; White, Richard)

AN ACT relating to pharmaceutical drug price discrimination.

Create a new section of KRS Chapter 315 to define terms, prohibit discrimination against 340B covered entities by pharmaceutical manufacturers, and authorize the Attorney General to investigation violations.

  RECENT STATUS

2/27/2024 - (H) reassigned to committee House Appropriations & Revenue (H)

2/15/2024 - (H) Referred to Committee House Health Services (H)

2/8/2024 - Introduced

INSURANCE FINANCIAL STANDARDS
(POLLOCK, MICHAEL SARGE)

AN ACT relating to insurance financial standards.

Amend KRS 304.6-134 to modify exemptions from KRS 304.6-143 and 304.6-151; amend KRS 304.37-020 to allow the commissioner of insurance to establish a timeframe for insurers to report material changes or additions to registrations; amend KRS 304.5-140 to limit the definition of reciprocal jurisdiction in certain provisions; except certain provisions to the extent that the provisions conflict with a covered agreement.

  RECENT STATUS

4/9/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by President of the Senate

COVERAGE FOR INJECTABLE EPINEPHRINE DEVICES
(STEVENSON, CHERLYNN)

AN ACT relating to coverage for injectable epinephrine devices.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to cover injectable epinephrine devices for persons 18 years of age or younger; provide that the coverage shall not be subject to cost-sharing requirements; amend KRS 205.522, 205.6485,164.2871, and 18A.225 to require Medicaid, KCHIP, self-insured employer group health plans offered by the governing board of a state postsecondary education institution, and the state employee health plan to comply with the 18-and-under injectable epinephrine device coverage requirement; EFFECTIVE January 1, 2025.

  RECENT STATUS

2/15/2024 - Introduced

HEALTH CARE TRADE PRACTICES
(POLLOCK, MICHAEL SARGE; Lewis, Scott ; Lewis, Derek)

AN ACT relating to health care trade practices.

Create a new section of KRS 304.17C-130 to 304.17C-138 to establish requirements for insurers of dental benefit plans relating to assignment of benefits; create a new section of Subtitle 17A of KRS Chapter 304 to require insurers providing coverage for dental services to honor assignments; require providers to comply with assignment provisions; amend KRS 304.17C-085 to modify the definition of "noncovered service"; prohibit a contractual waiver of the section; amend KRS 304.14-250, 304.17-130, and 304.18-090 to conform; direct that provisions apply to policies, plan, and contracts issued or renewed on or after the effective date of the Act.

  RECENT STATUS

2/20/2024 - Introduced

CORONARY CALCIUM IMAGING TESTS
(WITTEN, SUSAN)

AN ACT relating to coverage for coronary calcium imaging tests.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for coronary calcium imaging testing; provide that coronary calcium imaging testing shall not be considered investigational or experimental; amend KRS 205.522 to require Medicaid to comply with the coronary calcium imaging testing requirements and make technical amendments; provide that provisions apply to health benefit plans issued or renewed on or after January 1, 2025; require the Department of Insurance seek a waiver of cost defrayment requirements; the Cabinet for Health and Family Services to seek federal approval, if necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

2/22/2024 - Introduced

PROTECTION OF MOTHERS AND THEIR CHILDREN
(NEMES, JASON; Tate, Nancy; Baker, Shane; Banta, Kim; Bauman, Jared; Bentley, Danny; Bratcher, Kevin D.; Bratcher, Steve; Calloway, Josh; Dotson, Ryan; Fister, Daniel; Flannery, Patrick; Fleming, Ken; Fugate, Chris; Hale, David; Hart, Mark; Heath, Richard; Hodgson, John; Huff, Thomas; Imes, Mary Beth; Johnson, DJ; McCool, Bobby; McPherson, Shawn; Moser, Kimberly Poore; Pratt, Phillip; Proctor, Marianne; Thomas, Walker; Truett, Timmy; Wesley, Bill; White, Richard; Witten, Susan)

AN ACT relating to the protection of mothers and their children.

Create a new section of Subtitle17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with the special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; create a new section of KRS Chapter 194A to define terms and provide for the payment of coverage premiums to eligible individuals; amend KRS 205.522 to require Medicaid coverage for maternity services; amend KRS 205.592 to allow the Medicaid income limit for certain women and children to be increased under certain circumstances; amend KRS 205.6485 to require Kentucky Children's Health Insurance Program to provide maternity coverage; amend KRS 164.2847 to provide for a waiver of tuition and mandatory fees for a child conceived and born as a result of sexual assault; amend KRS 164.2849 to declare the interests of the Commonwealth in protecting the unborn and supporting a child conceived and born as a result of sexual assault within established parameters; amend KRS 199.011 to define a child conceived and delivered as a result of sexual assault; amend KRS 199.473 to waive certain fees related to adoption proceedings; amend KRS 199.502 to include a conviction for specified criminal acts for an adoption without consent of the biological living parents; create a new section of KRS 199 to establish entitlement to nonrecurring adoption expenses under specified circumstances; amend KRS 199.894 to define terms; create a new section of KRS 199.892 to 199.8996 to establish the Child Care Assistance Program and establish eligibility requirements; create a new section of KRS Chapter 211 to direct the Cabinet to provide informational material on benefits available to a victim of sexual assault and a child conceived as a result of the sexual assault; amend KRS 216B.400 to establish requirements for receipt of specified benefits related to sexual assault that results in pregnancy; create a new section of KRS Chapter 49 to establish benefits available to a child born as a result of sexual assault; amend KRS 49.310 to conform; amend KRS 625.090 to add a conviction or guilty plea to any degree of rape, sexual abuse, or sexual misconduct as a basis to terminate parental rights; require the Cabinet for Health and Family Services to apply for a Medicaid waiver if potential cost defrayment or loss of federal funds is identified; provide that the Act may be cited as the Love Them Both Act; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

3/15/2024 - (H) Referred to Committee House Veterans, Military Affairs, & Public Protection (H)

2/26/2024 - Introduced

MENTAL HEALTH COVERAGE IN CONNECTION WITH PREGNANCY
(ROBERTS, RACHEL; Chester-Burton, Beverly)

AN ACT relating to mental health coverage in connection with pregnancy.

Amend KRS 304.17A-145 to define terms; require health benefit plans to provide coverage for counseling interventions for pregnant and postpartum persons at increased risk of perinatal depression, including persons who have suffered a miscarriage or stillbirth; amend KRS 205.522, 205.6485, 18A.225, and 164.2871 to require Medicaid, the Kentucky Children's Health Insurance Program, the state employee health plan, and self-insured employer plans provided by the governing board of a state postsecondary education institution to comply with the coverage requirement for counseling interventions; make technical amendments; direct that certain provisions apply to health benefit plans issued or renewed on or after January 1, 2025; require the Cabinet for Health and Family Services to seek federal approval if they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

2/26/2024 - Introduced

COVERAGE FOR THE TREATMENT OF POSTPARTUM MOOD DISORDERS
(ROBERTS, RACHEL)

AN ACT relating to coverage for the treatment of postpartum mood disorders.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for FDA-approved prescription drugs for the treatment of postpartum mood disorders; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require a self-insured employer group health plan provided by a state postsecondary education institution to its employees, Medicaid, and Kentucky Children's Health Insurance Program to comply with the new section on postpartum mood disorder coverage; direct that provisions apply to health benefit plans issued on or after January 1, 2025; EFFECTIVE January 1, 2025.

  RECENT STATUS

2/26/2024 - Introduced

PATIENT ACCESS TO PHARMACY BENEFITS
(PETRIE, JASON)

AN ACT relating to patient access to pharmacy benefits.

Amend KRS 304.17A-535 to make a technical correction.

  RECENT STATUS

3/13/2024 - (H) Returned to Committee House Appropriations & Revenue (H)

3/13/2024 - (H) SECOND READING

3/13/2024 - (H) Taken From Committee

COVERAGE FOR CRANIAL CONDITIONS
(MOSER, KIMBERLY POORE)

AN ACT relating to coverage for cranial conditions.

Create new sections of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for the treatment of plagiocephaly; prohibit certain restrictions on coverage for the treatment of plagiocephaly; require health benefit plans to provide coverage for cranial banding when prescribed by a health care provider; prohibit certain restrictions on coverage for cranial banding; amend KRS 205.522, 205.6485, 164.2871, and 18A.225 to require Medicaid, the Kentucky Children's Health Insurance Program (KCHIP), self-insured employer plans offered by state postsecondary education institutions, and the state employee health plan to comply with the coverage requirements for the treatment of plagiocephaly and cranial banding; apply provisions to health benefit plans issued or renewed on or after January 1, 2025; require the Cabinet for Health and Family Services to seek federal approval if necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

2/26/2024 - Introduced

INSURANCE
(BENTLEY, DANNY)

AN ACT relating to insurance.

Amend KRS 304.5-150 to include gender-neutral language.

  RECENT STATUS

2/26/2024 - Introduced

MANAGED CARE ORGANIZATIONS
(MEREDITH, STEPHEN; Carroll, Danny; Douglas, Donald; Girdler, Rick; Tichenor, Lindsey; Wilson, Mike; Yates, David)

AN ACT relating to Medicaid managed care.

Create a new section of KRS Chapter 205 to limit the number of managed care organizations contracted by the Department for Medicaid Services to no more than three; EFFECTIVE January 1, 2025.

  RECENT STATUS

3/6/2024 - (H) Referred to Committee House Health Services (H)

1/17/2024 - received in House

1/16/2024 - (S) THIRD READING, passed 32-0-1

PHARMACEUTICAL MANUFACTURERS
(MEREDITH, STEPHEN; Berg, Karen; Deneen, Matthew)

AN ACT relating to pharmaceutical manufacturers.

Create a new section of KRS Chapter 315 to define terms, prohibit discrimination against 340B covered entities by pharmaceutical manufacturers, and authorize the Attorney General to investigation violations. Senate Committee Substitute (1) Retain original provisions, and establish conditions under which a condition, limitation, or delay on the sale or purchase of a covered drug is permitted; amend KRS 315.010 to include pharmacists who compound drugs intended for human use without a valid prescription in the definition of "manufacturer."

  RECENT STATUS

3/12/2024 - (H) Referred to Committee House Health Services (H)

3/11/2024 - received in House

3/8/2024 - (S) THIRD READING, passed 32-5 with Committee Substitute (1) and Committee Amendment (1-title)

PROFESSIONAL MIDWIFERY SERVICES
(FUNKE FROMMEYER, SHELLEY; Armstrong, Cassie Chambers ; Neal, Gerald A.; Tichenor, Lindsey; Yates, David)

AN ACT relating to Medicaid coverage for certified professional midwifery services.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid Services to provide coverage for certified professional midwifery services that are provided by a licensed certified professional midwife; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if they determine that such approval is necessary.

  RECENT STATUS

3/15/2024 - (H) recommitted to committee House Appropriations & Revenue (H)

3/15/2024 - (H) SECOND READING, to Rules

3/14/2024 - (H) FIRST READING

COVERAGE FOR STUTTERING TREATMENT
(WESTERFIELD, WHITNEY; Thomas, Reginald)

AN ACT relating to coverage for the treatment of stuttering.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health insurance coverage for speech therapy as a treatment for stuttering; amend KRS 304.17C-125, 205.522, 205.6485, 164.2871, and 18A.225 to require limited health service benefit plans, Medicaid, self-insured employer group health plans provided by the governing board of a state postsecondary education institution, and the state employee health plan to comply with the speech therapy coverage requirement and to make technical amendments; provide that various sections apply to health insurance policies, certificates, plans, or contracts issued or renewed on or after January 1, 2025; establish the construction of Section 1 for purposes of federal law and require state officials to comply; require the Department of Insurance and the Cabinet for Health and Family Services to seek federal approval, if necessary; EFFECTIVE, in part, January 1, 2025. House Committee Substitute (1) Retain original provisions, except suspend application of any coverage requirement to a qualified health plan if the requirement would result in the state being required to make cost defrayal payments under federal law; require the Department of Insurance to identify if any requirement is in addition to the essential health benefits required under federal law; establish requirements for any waiver application made by the Department of Insurance.

  RECENT STATUS

4/4/2024 - SIGNED BY GOVERNOR

3/27/2024 - delivered to Governor

3/27/2024 - Enrolled, Signed by Speaker of the House

UNEMPLOYMENT INSURANCE BENEFITS
(WHEELER, PHILLIP)

AN ACT relating to unemployment insurance benefits and declaring an emergency.

Amend KRS 341.413 to remove the waiver application deadline for unemployment insurance overpayment of thirty days on unemployment insurance claims filed between January 27, 2020, and December 31, 2020; provide that the waiver application deadline shall be one year from the overpayment notice; provide that the claimant may request a new hearing in Circuit Court. Senate Committee Substitute (1) Retain original provisions, except prohibit the secretary from pursuing overpayment recovery until lapse of the one-year waiver request period; provide that the recipient may submit a request for waiver of overpayment of benefits regardless of any prior adjudication or agreement; allow for an alleged overpayment recipient to be refunded if obligated to pay an amount less than the amount previously paid; EMERGENCY. House Committee Substitute (1) Delete original provisions; amend KRS 341.413 to require the secretary to waive overpayments that were not the fault of the recipient for claims between January 27, 2020, and September 6, 2021, and to remove the limiting provisions to ensure the waiver request time frame is unlimited.

  RECENT STATUS

4/4/2024 - SIGNED BY GOVERNOR

3/27/2024 - delivered to Governor

3/27/2024 - Enrolled, Signed by Speaker of the House

PRESCRIPTION DRUGS
(MEREDITH, STEPHEN; Berg, Karen; Girdler, Rick; Webb, Robin L.)

AN ACT relating to prescription drugs.

Amend KRS 304.17A-164 to establish cost-sharing requirements for prescription drugs; require rebates to be passed through; establish confidentiality requirements for the rebate information; create a new section of KRS 365.880 to 365.900 to provide that the actual amount of rebates received is a trade secret; provide that compliance with the prescription drugs cost-sharing and rebate requirements shall not be in violation of the Uniform Trade Secrets Act; amend KRS 304.17C-125, 304.38A-115, 18A.225, and 164.2871 to apply the cost-sharing and rebate requirements for prescription drugs to limited health service benefit plans, limited health service organizations, the state employee health plan, and self-insured employer group health plans provided by the governing board of a state postsecondary education institution; repeal KRS 304.38A-120, relating to assignment of certain benefits under limited health service organization plans, to consolidate like provisions; apply provisions to health plans issued or renewed on or after January 1, 2025; EFFECTIVE January 1, 2025.

  RECENT STATUS

2/1/2024 - (S) Referred to Committee Senate Banking & Insurance (S)

1/30/2024 - Introduced

CONDITIONS OF EMPLOYMENT
(WEST, STEPHEN; Schickel, John; Southworth, Adrienne; Tichenor, Lindsey; Williams, Gex)

AN ACT relating to conditions of employment.

Create a new section of KRS Chapter 344 to require employers that mandate employee immunization to allow exceptions based on religious belief or medical contraindication; provide sample form for employee affirmation; establish which health care providers can support a medical exemption; require notice of exemptions; establish civil cause of action for violations and a claim under workers' compensation; amend KRS 344.040 to make it an unlawful practice for employers to require immunizations as a condition of employment from employees who hold sincere religious beliefs against immunization or for whom immunization would be harmful to his or her health; make technical corrections.

  RECENT STATUS

2/14/2024 - Senate Health Services (S), (Bill Scheduled for Hearing)

2/8/2024 - (S) Referred to Committee Senate Health Services (S)

2/6/2024 - Introduced

PATIENT ACCESS TO PHARMACY BENEFITS
(WISE, MAX; Meredith, Stephen; Berg, Karen; Boswell, Gary; Deneen, Matthew; Douglas, Donald; Elkins, Greg; Girdler, Rick; Higdon, Jimmy; Howell, Jason; Mills, Robby; Neal, Gerald A.; Southworth, Adrienne; Storm, Brandon J.; Thomas, Reginald; Tichenor, Lindsey; Webb, Robin L.; West, Stephen; Wheeler, Phillip; Wilson, Mike; Yates, David)

AN ACT relating to patient access to pharmacy benefits.

Create new sections of Subtitle 17A of KRS Chapter 304 to define terms for pharmacy-related insurance practices; require insurers, pharmacy benefit managers, and other pharmacy benefits administrators to establish reasonably adequate and accessible pharmacy networks; require the filing of an annual report; require the insurance commissioner to review pharmacy networks; provide that information and data acquired by the Department of Insurance shall be considered proprietary and not subject to disclosure under KRS 61.870 to 61.884 relating to open records; establish requirements for certain contracts between a pharmacy or pharmacist and an insurer, a pharmacy benefit manager, or any other pharmacy benefits administrator; establish prohibited conduct and requirements for certain pharmacy-related insurance practices; establish a complaint process for insureds, pharmacies, and pharmacists impacted by a violation of certain pharmacy-related insurance laws; create a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of certain pharmacy-related insurance laws; amend KRS 304.9-053 to require certain filings; amend KRS 304.9-054 to establish requirements for pharmacy benefit manager licensure; amend KRS 304.9-055 to permit the insurance commissioner to promulgate administrative regulations relating to pharmacy benefit managers; amend KRS 304.14-120 to require the insurance commissioner to review certain health plans; amend KRS 304.17A-712 to conform; amend KRS 304.17C-125 to apply certain pharmacy-related insurance laws to limited health service benefit plans, including limited health service contracts; amend KRS 304.38A-115 to apply certain pharmacy-related insurance laws to limited health service organizations; create a new section of KRS Chapter 18A to require the state employee health plan and state agencies to comply with certain pharmacy-related insurance laws; amend KRS 367.828 to establish certain requirements for health discount plans relating to prescription drugs; make technical corrections; repeal KRS 304.38A-120, relating to assignment of certain benefits under limited health service organization plans, to consolidate provisions; apply various sections to contracts issued or renewed on or after January 1, 2025; require the insurance commissioner to promulgate administrative regulations to implement this Act on or before January 1, 2025; EFFECTIVE, in part, January 1, 2025. Senate Committee Substitute (1) Retain original provisions, except exempt Medicare Part D plans and student health insurance from the definition of "health plan"; define "ambulatory pharmacy"; amend minimum dispensing fee requirements; require the insurance commissioner to make a determination based on a study conducted every two years; delete prohibition against requiring or incentivizing the use of a mail-order pharmacy to furnish prescription drugs for subsequent administration in a hospital, clinic, pharmacy, or infusion center; amend requirements for the insurance commissioner's review of health plans; create a new section of KRS Chapter 315 to require reporting by ambulatory pharmacies to the Kentucky Board of Pharmacy; establish requirements for the collection, use, and sharing of data; require the Department of Insurance and the Kentucky Board of Pharmacy to consult, share data, and promulgate administrative regulations; require administrative regulations to be promulgated by certain dates. Senate Floor Amendment (1) Delete 30 minutes distance standard as a network adequacy threshold; amend minimum dispensing fee requirement to exempt mail-order pharmaceutical distributors; delete and reinsert, as an amendment to KRS 18A.2254, application of pharmacy trade practice requirements to state employee health plan; make conforming amendments.

  RECENT STATUS

4/5/2024 - SIGNED BY GOVERNOR

3/28/2024 - delivered to Governor

3/28/2024 - Enrolled, Signed by Speaker of the House

ELECTRONIC DELIVERY OF HEALTH PLAN COMMUNICATIONS
(ADAMS, JULIE RAQUE)

AN ACT relating to electronic delivery of health plan communications.

Create a new section of Subtitle 18 of KRS Chapter 304 to authorize insurers to provide electronic communications to persons covered under an employer-sponsored group health insurance policy, plan, or contract.

  RECENT STATUS

3/29/2024 - SIGNED BY GOVERNOR

3/26/2024 - delivered to Governor

3/26/2024 - Enrolled, Signed by Speaker of the House

HEALTHCARE
(MEREDITH, STEPHEN)

AN ACT relating to healthcare.

Amend KRS 211.430 to make a technical correction.

  RECENT STATUS

2/28/2024 - (S) Referred to Committee Senate Health Services (S)

2/20/2024 - Introduced

HEALTHCARE
(MEREDITH, STEPHEN)

AN ACT relating to healthcare.

Amend KRS 216.525 to include gender-neutral language.

  RECENT STATUS

2/28/2024 - (S) Referred to Committee Senate Health Services (S)

2/20/2024 - Introduced

STATE EMPLOYEE HEALTH INSURANCE
(NEMES, MICHAEL J.)

AN ACT relating to state employee health insurance.

Amend KRS 18A.225 to exclude from the definition of "employee" any employer that ceases participation in the state employee health insurance plan from participating in the plan in the future; require minimal participation duration for all benefits administered by the Personnel Cabinet pursuant to KRS 18A.205 to 18A.2287; require health insurance coverage for state employees to provide minimum value that pays over 60 percent of the total cost of in-network medical services, provide minimal essential coverage as defined in 26 U.S.C. sec. 5000A(f), and not discriminate in favor of highly compensated individuals as prohibited by 26 U.S.C. sec. 105(h); require any carrier bidding to offer health care coverage to employees to rate all employees as a single entity; require any premium due for vision coverage, if in excess of a premium amount contributed by an employer to be paid by the employee; delete references to regional contracts for state employee health insurance; specify that no provision of KRS Chapter 304, the insurance code, shall apply to the public employee health insurance program for public employees unless otherwise authorized; amend KRS 18A.2254 to add health savings accounts as a waiver funding option and provide that the type of account available for waiver funding each year shall be at the discretion of the Personnel Cabinet; permit the Personnel Cabinet to make available the quarterly report of the status of the health insurance trust fund to either the Governor, the Interim Joint Committee on Appropriations and Revenue, or the Kentucky Group Health Insurance Board, upon request; amend KRS 18A.226 to expand the membership of the Kentucky Group Health Insurance Board; require the board, upon request, to submit an annual report to the Governor, the General Assembly, or the Chief Justice of the Supreme Court; repeal 18A.2255, relating to the Advisory Committee of State Health Insurance Subscribers.

  RECENT STATUS

4/15/2024 - (H) Posted for Passage in Regular Orders of the Day

4/12/2024 - (H) Posted for Passage in Regular Orders of the Day

3/28/2024 - (H) Posted for Passage in Regular Orders of the Day

PRIOR AUTHORIZATION
(HOWELL, JASON; Berg, Karen; Thomas, Reginald)

AN ACT relating to prior authorization.

Amend KRS 304.17A-600 to define "health care provider" and "health care service"; make conforming amendments; create new sections of KRS 304.17A-600 to 304.17A-633 to establish eligibility criteria and requirements for prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements for external reviews of prior authorization exemption denials and rescissions; establish requirements for sending forms and notices to health care providers; provide that nothing shall be construed to authorize a health care provider to act outside the provider's scope of practice or require an insurer or private review agent to pay for a health care service performed in violation of law; require the commissioner of the Department of Insurance to establish forms; amend KRS 304.17A-605 to establish applicability of provisions relating to prior authorization exemptions to certain insurers and private review agents; amend KRS 304.17A-607 to establish requirements for prior authorizations; amend KRS 304.17A-611 to prohibit the retrospective denial, reduction in payment, and review of health care services for which a health care provider has a prior authorization exemption and establish exceptions; amend KRS 304.17A-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption denials and rescissions; require independent review entities and reviewers of prior authorization exemption denials and rescissions to submit an annual report to the Department of Insurance; amend KRS 304.17A-633 to require the commissioner of the Department of Insurance to report on external reviews of prior authorization exemptions denials and rescissions; amend KRS 304.17A-706 to conform; amend KRS 205.536 to require managed care organizations contracted to provide Medicaid benefits to comply with the sections on prior authorization exemptions; apply the provisions to contracts delivered, entered, renewed, extended, or amended on or after the effective date of the Act; require the Cabinet for Health and Family Services to seek approval if it is determined that such approval is necessary; EFFECTIVE, in part, January 1, 2025.

  RECENT STATUS

2/28/2024 - (S) Referred to Committee Senate Banking & Insurance (S)

2/26/2024 - Introduced

HEALTH CARE TO PROVIDE ALL-PAYER CLAIMS DATABASE
(DOUGLAS, DONALD)

AN ACT relating to health care to provide for an all-payer claims database and making an appropriation therefor.

Create new sections of KRS Chapter 194A to establish the Kentucky all-payer claims database; establish purposes, definitions, and a restricted fund for the database; require the executive director of the Office of Data Analytics to develop, implement, operate, and maintain the database and promulgate administrative regulations to carry out those duties; establish an advisory council to make recommendations to the executive director; establish requirements for database administration and operations; require state-regulated health payers to report to the database; amend KRS 194A.030, 194A.101, and 304.2-100 to conform; create a new section of Subtitle 99 of KRS Chapter 304 to require the commissioner of insurance to enforce reporting requirements; establish time for making initial appointments and provide for staggered appointments to the advisory council; require the Cabinet for Health and Family Services to obtain a federal waiver within 90 days after the effective date of Act if necessary for implementation; APPROPRIATION.

  RECENT STATUS

3/1/2024 - (S) Referred to Committee Senate Appropriations & Revenue (S)

2/28/2024 - Introduced