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Legislative Report December 4, 2022
Prepared by: Top Shelf Lobby, LLC


KyAHU - Kentucky Legislative Report
Bill Information
EXECUTIVE BRANCH APPROPRIATIONS
(PETRIE, JASON; Reed, Brandon; Bechler, Lynn; Bentley, Danny; Blanton, John; Bowling, Adam; Branscum, Joshua; Bray, Josh; Bridges, Randy; Dixon, Jonathan; Dossett, Myron; Dotson, Ryan; DuPlessis, Jim; Elliott, Daniel; Fischer, Joseph M.; Fister, Daniel; Fleming, Ken; Fugate, Chris; Hale, David; Hart, Mark; Heath, Richard; Huff, Regina; Huff, Thomas; Imes, Mary Beth; Johnson, DJ; King, Kim; Lawrence, William; Lewis, Derek; Lewis, Scott ; Lockett, Matt; Massey, C. Ed; McCool, Bobby; McCoy, Chad; McPherson, Shawn; Meade, David; Miles, Suzanne; Moser, Kimberly Poore; Nemes, Jason; Osborne, David W.; Pollock, Michael Sarge; Pratt, Phillip; Prunty, Melinda Gibbons; Riley, Steve; Rudy, Steven; Santoro, Sal; Smith, Tom; Tate, Nancy; Thomas, Walker; Tipton, James; Truett, Timmy; Wesley, Bill; White, Richard)

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; appropriate to General Government: 2021-2022: $925,391,000, 2022-2023: $2,450,394,100, 2023-2024: $1,945,550,500; appropriate to the Economic Development Cabinet: 2021-2022: $631,100, 2022-2023: $42,311,100, 2023-2024: $43,841,800; appropriate to the Department of Education: 2021-2022: $4,038,300, 2022-2023: $6,272,487,700, 2023-2024: $6,338,219,700; appropriate to the Education and Workforce Development Cabinet: 2021-2022: $4,302,200, 2022-2023: $226,803,000, 2023-2024: $228,602,800; appropriate to the Energy and Environment Cabinet: 2021-2022: $7,288,800, 2022-2023: $286,829,000, 2023-2024: $293,691,700; appropriate to the Finance and Administration Cabinet: 2021-2022: $144,212,800, 2022-2023: $973,840,400, 2023-2024: $983,730,600; appropriate to the Health and Family Services Cabinet: 2021-2022: $829,642,400, 2022-2023: $19,075,453,600, 2023-2024: $19,366,023,400; appropriate to the Justice and Public Safety Cabinet: 2021-2022: $29,301,600, 2022-2023: $1,404,716,500, 2023-2024: $1,426,598,900; appropriate to the Labor Cabinet: 2021-2022: $4,206,200, 2022-2023: $566,497,600, 2023-2024: $546,164,200; appropriate to the Personnel Cabinet: 2021-2022: $857,800, 2022-2023: $160,656,600, 2023-2024: $156,161,800; appropriate to Postsecondary Education: 2021-2022: $1,067,800, 2022-2023: $11,925,169,400, 2023-2024: $16,130,308,100; appropriate to the Public Protection Cabinet: 2021-2022: $4,857,700, 2022-2023: $134,773,200, 2023-2024: $136,708,300; appropriate to the Tourism, Arts and Heritage Cabinet: 2021-2022: $25,708,200, 2022-2023: $306,414,300, 2023-2024: $322,190,100; not included in the appropriation amounts are capital project amounts as follows: 2021-2022: $4,739,000, 2022-2023: $12,585,526,731, 2023-2024: $905,877,600; 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: Detail Part I, Operating Budget; appropriate to General Government: 2021-2022: $925,391,000, 2022-2023: $2,349,809,300, 2023-2024: $1,863,025,000; appropriate to the Economic Development Cabinet: 2021-2022: $631,100, 2022-2023: $132,311,100, 2023-2024: $33,841,800; appropriate to the Department of Education: 2021-2022: $4,038,300, 2022-2023: $6,313,758,800, 2023-2024: $6,379,490,800; appropriate to the Education and Workforce Development Cabinet: 2021-2022: $4,302,200, 2022-2023: $229,303,000, 2023-2024: $231,102,800; appropriate to the Energy and Environment Cabinet: 2021-2022: $7,288,800, 2022-2023: $286,829,000, 2023-2024: $293,691,700; appropriate to the Finance and Administration Cabinet: 2021-2022: $144,212,800, 2022-2023: $973,840,400, 2023-2024: $983,730,600; appropriate to the Health and Family Services Cabinet: 2021-2022: $836,882,400, 2022-2023: $19,089,934,000, 2023-2024: $19,380,503,800; appropriate to the Justice and Public Safety Cabinet: 2021-2022: $29,301,600, 2022-2023: $1,404,762,600, 2023-2024: $1,426,649,300; appropriate to the Labor Cabinet: 2021-2022: $4,206,200, 2022-2023: $878,497,600, 2023-2024: $546,164,200; appropriate to the Personnel Cabinet: 2021-2022: $857,800, 2022-2023: $160,656,600, 2023-2024: $156,161,800; appropriate to Postsecondary Education: 2021-2022: $1,067,800, 2022-2023: $11,067,225,800, 2023-2024: $13,538,315,700; appropriate to the Public Protection Cabinet: 2021-2022: $4,857,700, 2022-2023: $134,773,200, 2023-2024: $136,708,300; appropriate to the Tourism, Arts and Heritage Cabinet: 2021-2022: $25,708,200, 2022-2023: $306,414,300, 2023-2024: $322,190,100; not included in the appropriation amounts are capital project amounts as follows: 2021-2022: $4,739,000, 2022-2023: $12,777,860,000, 2023-2024: $1,685,034,000; 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: Detail Part I, Operating Budget; appropriate to General Government: 2021-2022: $239,977,500, 2022-2023: $2,445,494,600, 2023-2024: $2,274,819,000; appropriate to the Economic Development Cabinet: 2021-2022: $631,100, 2022-2023: $93,681,600, 2023-2024: $33,890,100; appropriate to the Department of Education: 2021-2022: $878,000, 2022-2023: $43,360,800, 2023-2024: $43,583,100; appropriate to the Education and Labor Cabinet: 2021-2022: $8,508,400, 2022-2023: $825,152,400, 2023-2024: $778,864,600; appropriate to the Energy and Environment Cabinet: 2021-2022: $7,288,800, 2022-2023: $393,499,400, 2023-2024: $420,896,200; appropriate to the Finance and Administration Cabinet: 2021-2022: $147,931,200, 2022-2023: $986,801,300, 2023-2024: $1,007,003,200; appropriate to the Health and Family Services Cabinet: 2021-2022: $763,745,400, 2022-2023: $19,087,141,300, 2023-2024: $19,324,720,000; appropriate to the Justice and Public Safety Cabinet: 2021-2022: $31,801,600, 2022-2023: $1,458,856,800, 2023-2024: $1,474,716,100; appropriate to the Personnel Cabinet: 2021-2022: $857,800, 2022-2023: $150,240,400, 2023-2024: $145,906,200; appropriate to Postsecondary Education: 2021-2022: $1,067,800, 2022-2023: $11,079,364,100, 2023-2024: $13,585,333,500; appropriate to the Public Protection Cabinet: 2021-2022: $4,857,700, 2022-2023: $317,164,500, 2023-2024: $141,803,700; appropriate to the Tourism, Arts and Heritage Cabinet: 2021-2022: $125,708,200, 2022-2023: $320,285,800, 2023-2024: $576,918,000; appropriate to the Budget Reserve Trust Fund: 2022-2023: $250,000,000; not included in the appropriation amounts are capital project amounts as follows: 2021-2022: $16,739,000, 2022-2023: $12,262,048,000, 2023-2024: $2,752,444,000; 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

4/13/2022 - Delivered To Secretary Of State (Acts Ch. 199)

4/13/2022 - Enrolled, Signed by President of the Senate

4/13/2022 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

6/8/2022 - In record-setting year for lobbying in Frankfort, who spent the most? What did they get?

5/7/2022 - When will state employees receive pay raises?

4/15/2022 - Conservatives cheered, liberals moaned as the KY legislature ticked off this checklist

4/11/2022 - Beshear: Budget fails to ‘meet the moment’ on school funding

4/11/2022 - Beshear vetoes raises for legislators, himself in state budget

4/11/2022 - Beshear praises GOP budget, but vetoes parts and calls for more initiatives

4/11/2022 - Beshear touts economic, infrastructure investments in state budget while criticizing education efforts

4/11/2022 - Weighing in on the state budget, Beshear is exercising his line-item veto authority

4/11/2022 - Kentucky budget includes $10 million for Louisville Waterfront Park expansion

4/11/2022 - Pay raises for elected state officials? Beshear uses line-item veto to block them for now

3/31/2022 - Lawmakers send two-year spending plan to Gov. Beshear

3/31/2022 - 10 major bills that cleared the Kentucky legislature before the veto deadline

3/30/2022 - A more bountiful state budget and a more strict safety net were part of Wednesday's legislative rush

3/30/2022 - Fitch Ratings: Third Kentucky Wired Budget Dispute Reveals Continued Political Tensions Over P3

3/30/2022 - Kentucky lawmakers pass new two-year budget with modest increases, $1 billion unspent

3/29/2022 - Raises, pensions, full-day kindergarten, more: Breakdown of what made it in KY’s budget

3/29/2022 - Kentucky lawmakers work on budget, tax legislation

3/29/2022 - Ky. Republicans finalize budget with full-day kindergarten, state employee raises

3/10/2022 - On Kentucky Politics: Budget bill resurfaces in Frankfort

3/10/2022 - 2-year budget, tax rebates, tax reform: Here's where things stand in Kentucky legislature

3/10/2022 - Kentucky Senate’s two-year state budget earmarks $15 million for proposed research lab in Covington

3/9/2022 - KY Senate moves state budget with pay raises and pension funds. Will tax cuts follow?

3/9/2022 - Ky. Senate Republicans unveil budget, setting the stage for tax overhaul

3/9/2022 - Senate GOP spending plan calls for state employee pay raises

1/24/2022 - Kentucky environmental group's priorities include solar this legislative session

1/22/2022 - House passes $64B budget, leaving $1.14B unspent; does not include Covington’s life sciences funding

1/21/2022 - Kentucky House passes its version of new 2-year state budget

1/20/2022 - Kentucky House passes budget with $1.14 billion in unspent funds and hint of tax cuts

1/20/2022 - Republicans looking to sprint ahead on budget, tax cuts

1/19/2022 - Lawmakers discuss $9 million plan to hire more school nurses

1/18/2022 - House Republicans and Gov. Beshear each filed a budget plan. How are they different?

1/18/2022 - Ky. lawmakers consider funding school nurses statewide

1/14/2022 - ‘We don’t have to choose.’ Beshear urges lawmakers to think big with next state budget

1/13/2022 - Dueling budgets in Frankfort

1/11/2022 - Beshear criticizes GOP filing of budget bill as 'stunt' to preempt his budget address

1/11/2022 - Beshear shares more budget plans, says he would spend to attract ‘jobs of the future’

1/10/2022 - Beshear proposes ‘record’ $2 billion in investments in pre-K to 12th grade education

1/7/2022 - Kentucky Politics Distilled: Republicans Tackle Redistricting

1/7/2022 - House files their version of Kentucky’s next two-year budget in first week of session

1/7/2022 - Ky. House GOP beats Gov. Beshear to the punch by releasing its state budget plan first

REVENUE MEASURES
(PETRIE, JASON; Reed, Brandon; Baker, Shane; Bechler, Lynn; Fleming, Ken; Fugate, Chris; Heath, Richard; Koenig, Adam; Massey, C. Ed; Meredith, Michael; Nemes, Jason; Osborne, David W.; Rudy, Steven; Thomas, Walker; Tipton, James)

AN ACT relating to revenue measures and declaring an emergency.

Amend KRS 141.020 to reduce the individual income tax rate to 4% for taxable years beginning on or after January 1, 2023, and provide a further rate reduction in future years if certain thresholds of total general fund receipts are exceeded, provide that the tax rate shall not exceed a reduction of more than one percentage point in a calendar year, and eliminate the tax credit for a fiduciary and an estate; amend KRS 139.010 to define terms; amend KRS 139.200 to impose sales tax on certain services; amend KRS 139.482 to remove the exemption of sales and use tax on charges for admission to historical sites; amend KRS 139.310 to impose the use tax on certain services; amend KRS 139.340 to conform; amend KRS 139.470 to only allow an exemption of residential utilities for the resident's place of domicile, lower the de minimis threshold to $3,000 for the selling of certain services; amend KRS 281.010 to define terms; amend KRS 281.630 to require a peer-to-peer car sharing certificate; create a new section of KRS Chapter 138 to impose an excise on the privilege of providing a motor vehicle for sharing or for rent within the Commonwealth; amend KRS 138.462 to conform; create a new section of KRS Chapter 139 to exclude the gross receipts from the additional taxable services imposed if derived from a contract executed on or before the date of introduction; create a new section of KRS Chapter 91A to define terms; amend various section of KRS Chapter 91A to conform; amend KRS 155.440 to define terms; amend KRS 153.450 to conform; amend KRS 142.400 to define terms; amend KRS 65.060 to conform; amend KRS 45A.077 to extend the time that a public-private partnership may be established without approval by the General Assembly; amend KRS 131.130 to prohibit the Department of Revenue from collecting any consumer debt owed for health care goods and services; create a new section of KRS Chapter 138 to impose a tax on electric vehicle power distributed in this state by an electric vehicle power dealer; amend KRS 186.050 to require the county clerk to collect the battery reclamation and mitigation fees; create a new section of KRS Chapter 138 to impose the battery reclamation and mitigation fees on an electric vehicle or a hybrid vehicle; provide various revenue measures for the operation of certain state agencies, the exemption of state and local tax on water withdrawal fees, and the deposit of certain taxes; provide if any provision is held invalid, the invalidity shall not affect the other provisions. House Committee Amendment (1) Retain original provisions, except modify the thresholds for a further rate reduction for income tax purposes and make various technical corrections; amend KRS 131.400 to require the Department of Revenue and the Finance and Administration Cabinet to procure services for a tax amnesty program or to conduct the tax amnesty program; amend KRS 131.410, 131.420, 131.425, 131.435, 131.440, and 131.445 to conform; amend KRS 68.200 to make conforming changes related to the license fee imposed by certain local jurisdictions related to peer-to-peer car sharing; amend KRS 143.022 to extend the refund process for coal subject to tax, but exported outside of North America; amend KRS 141.010 to update the Internal Revenue Code reference date to December 31, 2021, with certain exceptions; amend KRS 139.730 to require coordinators of festivals or similar events to provide the Department of Revenue a list of vendors selling at the event; create a new section of KRS Chapter 136 to reinstate the requirement for declaration of estimated taxes related to insurance premiums tax; effective January 1, 2023; EMERGENCY. Senate Committee Substitute (1)

  RECENT STATUS

4/14/2022 - Delivered To Secretary Of State (Acts Ch. 212)

4/14/2022 - Enrolled, Signed by President of the Senate

4/14/2022 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

12/1/2022 - New report explains the ins-and-outs of law to reduce income taxes in Kentucky

12/1/2022 - Republicans poised to cut Kentucky income tax again based on revenue boom that could be fleeting

9/24/2022 - Kentucky looks to further lower income tax rates

9/21/2022 - Kentucky lawmakers discuss next steps after income tax cut

9/1/2022 - KY’s personal income tax rate is going down. Here’s how much and why.

8/5/2022 - The state has $2.7 billion in savings. How much will legislature use to help Eastern Ky.?

6/8/2022 - In record-setting year for lobbying in Frankfort, who spent the most? What did they get?

6/5/2022 - Legislation passed by General Assembly will reduce state income tax for Kentuckians beginning in 2023

4/15/2022 - Conservatives cheered, liberals moaned as the KY legislature ticked off this checklist

4/8/2022 - Beshear vetoes 15-week abortion ban, citing lack of exceptions for rape, incest victims

4/8/2022 - Gov. Beshear's latest vetoes: Abortion bill, income tax cut, limits to public assistance

3/31/2022 - 10 major bills that cleared the Kentucky legislature before the veto deadline

3/30/2022 - Lawmakers pass dozens of bills ahead of veto break

3/29/2022 - Ky. Republicans finalize budget with full-day kindergarten, state employee raises

3/29/2022 - Kentucky personal income tax cut remains but rebates likely done in new GOP bill

3/29/2022 - Kentucky lawmakers work on budget, tax legislation

3/29/2022 - Kentucky legislators pass abortion, charter school, income tax bills as session winds down

3/21/2022 - From marijuana to the budget: 8 bills to watch as the General Assembly hits final stretch

3/11/2022 - Electric vehicle owners fear new taxes will stymie EV growth

3/10/2022 - 2-year budget, tax rebates, tax reform: Here's where things stand in Kentucky legislature

3/8/2022 - House GOP tax plan would cost Kentucky’s budget $900 million, state analysis shows

3/4/2022 - Income tax cut bill ‘epic’ for KY GOP. Others call it the ‘worst bill’ ever.

3/3/2022 - On Kentucky Politics: Here comes tax reform

2/27/2022 - Kentucky House GOP plan would cut income taxes but add sales taxes to these 18 services

2/25/2022 - KY House calls for gradual elimination of state income tax, with a broader sales tax

2/25/2022 - Business-friendly or ‘bleak’? Reactions to House Republicans’ big tax reform bill

MEDICAID COVERAGE FOR INDIVIDUALS WITH MENTAL ILLNESS
(BANTA, KIM; Bojanowski, Tina; Flood, Kelly; Massey, C. Ed; Moser, Kimberly Poore; Palumbo, Ruth Ann; Prunty, Melinda Gibbons; Raymond, Josie; Stevenson, Cherlynn; Stevenson , Pamela; Westrom, Susan)

AN ACT relating to medicaid coverage for individuals with mental illness.

Create a new section of KRS 205.565 to 205.647 to allow treatment for adults under age 65 in psychiatric residential facilities and hospitals to be claimed as a service; and require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization for a waiver if necessary.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

7/9/2021 - Pre-Filed

MEDICAID COVERAGE FOR LACTATION SUPPORT SERVICES AND BREASTFEEDING EQIUPMENT
(SCOTT, ATTICA; Flood, Kelly; Jenkins, Joni L.; Kirk-McCormick, Norma; Palumbo, Ruth Ann; Raymond, Josie; Stevenson, Cherlynn; Stevenson , Pamela; Westrom, Susan)

AN ACT relating to Medicaid coverage for lactation support services and breastfeeding equipment.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services and Medicaid managed care organizations to provide coverage for lactation counseling, lactation consultation, and breastfeeding equipment; require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization for a waiver if necessary.

  RECENT STATUS

2/15/2022 - (H) WITHDRAWN

1/4/2022 - Introduced (Pre-Filed)

7/14/2021 - Pre-Filed

MEDICAID COVERAGE FOR DOULA SERVICES
(SCOTT, ATTICA; Flood, Kelly; Kirk-McCormick, Norma; Raymond, Josie; Stevenson, Cherlynn; Stevenson , Pamela)

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 whom 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

1/4/2022 - Introduced (Pre-Filed)

7/20/2021 - Pre-Filed

EMERGENCY INSULIN PROGRAMS
(BENTLEY, DANNY; Minter, Patti; Baker, Shane; Banta, Kim; Blanton, John; Bojanowski, Tina; Bratcher, Kevin D.; Bridges, Randy; Burch, Tom; Calloway, Josh; Cantrell, McKenzie; Decker, Jennifer; Donohue, Jeffery; Elliott, Daniel; Fischer, Joseph M.; Flannery, Patrick; Flood, Kelly; Freeland, Chris; Fugate, Chris; Gentry, Alan; Graham, Derrick; Hale, David; Hart, Mark; Hatton, Angie; Heavrin, Samara; Huff, Regina; Huff, Thomas; Imes, Mary Beth; Jenkins, Joni L.; Johnson, DJ; King, Kim; Kulkarni, Nima; Lewis, Scott ; Lewis, Derek; Marzian, Mary Lou; Massey, C. Ed; McCool, Bobby; McPherson, Shawn; Meredith, Michael; Miller, Jerry T.; Miller, Charles; Palumbo, Ruth Ann; Pratt, Phillip; Prunty, Melinda Gibbons; Raymond, Josie; Reed, Brandon; Riley, Steve; Roberts, Rachel; Santoro, Sal; Sharp, Scott; Sheldon, Steve; Stevenson, Cherlynn; Stevenson , Pamela; Tate, Nancy; Thomas, Walker; Timoney, Killian; Tipton, James; Truett, Timmy; Upchurch, Ken; Webber, Russell; Wesley, Bill; Westrom, Susan; Wheatley, Buddy; Willner, Lisa)

AN ACT relating to the establishment of emergency insulin programs and declaring an emergency.

Create various new sections of KRS Chapter 211 to define terms; establish the Urgent-Need Insulin Program and the Continuing Access to Insulin Program; establish eligibility guidelines; establish the application process; establish the process by which insulin is dispensed to eligible individuals; establish the responsibilities of insulin manufacturers; establish the responsibilities of the Kentucky Board of Pharmacy for administering the program; require manufacturers to annually report certain information to the board; require the board to report certain information to the General Assembly upon request; establish penalties; EMERGENCY.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

8/4/2021 - Pre-Filed

COVERAGE OF MENTAL HEALTH WELLNESS EXAMINATIONS
(ROBERTS, RACHEL; Flood, Kelly; Jenkins, Joni L.; McCool, Bobby; Palumbo, Ruth Ann; Raymond, Josie; Stevenson , Pamela; Stevenson, Cherlynn; Westrom, Susan; Wheatley, Buddy)

AN ACT relating to coverage of mental health wellness examinations.

Create a new section of Subtitle 17A of KRS Chapter 304 to define terms; require certain health insurance policies to provide coverage for an annual mental health wellness examination of at least 45 minutes provided by a mental health professional; require the coverage to be no less extensive than coverage for medical and surgical benefits; require the coverage to comply with the Mental Health Parity and Addiction Equity Act of 2008; provide that coverage shall not be subject to cost-sharing requirements; amend KRS 164.2871 to require self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with the mental health wellness examination coverage requirement; amend KRS 205.522 to require the Medicaid benefits to comply with the mental health wellness examination coverage requirement; amend KRS 205.6485 to require the Kentucky Children's Health Insurance Program to comply with the mental health examination coverage requirement; amend KRS 18A.225 to require the state employee health plan to comply with the mental health coverage requirement; 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, 2023.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

8/27/2021 - Pre-Filed

COVERAGE FOR CHRONIC PAIN TREATMENTS
(STEVENSON, CHERLYNN; Flood, Kelly; Gentry, Alan; Jenkins, Joni L.)

AN ACT relating to 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, 2023.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

9/1/2021 - Pre-Filed

CONSUMER PROTECTIONS IN HEALTH INSURANCE
(MINTER, PATTI; Stevenson, Cherlynn; Stevenson , Pamela)

AN ACT relating to consumer protections in health insurance.

Create a new section of Subtitle 17A of KRS Chapter 304 to define terms; establish health-status eligibility rules for health benefit plans in any market; prohibit requiring a greater premium or contribution, or different benefits coverage, on the basis of any health status-related factor; prohibit pre-existing condition exclusions; require coverage for essential health benefits; prohibit insurers from establishing lifetime or annual limits on essential health benefits; require coverage for dependent children until age 26; prohibit adjustment of premium or contribution amounts for group health plans on the basis of genetic information; require the commissioner of insurance to define essential health benefits; establish when the section controls; establish opt-in for health plans not otherwise required to comply with requirements of section; establish that the section applies to health benefit plans and health plan opt-ins on or after the date as established under that section; amend various statutes to conform; amend KRS 18A.225 and 164.2871 to require the state employee health plan and state postsecondary education institution self-insured employer group health plans to comply with Section 1 of the Act.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

12/9/2021 - Pre-Filed

COVERAGE FOR DIABETES TREATMENT
(BENTLEY, DANNY; Minter, Patti; Baker, Shane; Banta, Kim; Blanton, John; Bojanowski, Tina; Bratcher, Kevin D.; Bridges, Randy; Burch, Tom; Calloway, Josh; Cantrell, McKenzie; Decker, Jennifer; Donohue, Jeffery; Elliott, Daniel; Fischer, Joseph M.; Fister, Daniel; Flannery, Patrick; Flood, Kelly; Freeland, Chris; Fugate, Chris; Graham, Derrick; Hale, David; Hart, Mark; Hatton, Angie; Heath, Richard; Heavrin, Samara; Huff, Regina; Huff, Thomas; Imes, Mary Beth; Jenkins, Joni L.; Johnson, DJ; King, Kim; Kirk-McCormick, Norma; Kulkarni, Nima; Lewis, Derek; Lewis, Scott ; Marzian, Mary Lou; Massey, C. Ed; McCool, Bobby; McPherson, Shawn; Meredith, Michael; Miller, Jerry T.; Miller, Charles; Palumbo, Ruth Ann; Prunty, Melinda Gibbons; Raymond, Josie; Reed, Brandon; Riley, Steve; Roberts, Rachel; Santoro, Sal; Sharp, Scott; Sheldon, Steve; Stevenson, Cherlynn; Stevenson , Pamela; Thomas, Walker; Timoney, Killian; Tipton, James; Truett, Timmy; Upchurch, Ken; Webber, Russell; Wesley, Bill; Westrom, Susan; Wheatley, Buddy; Willner, Lisa)

AN ACT relating to coverage for diabetes treatment.

Amend KRS 304.17A-148 to require that cost sharing for noninsulin drugs and certain equipment and supplies necessary for the treatment of diabetes not exceed certain cost-sharing thresholds; prohibit insurers from conducting or imposing utilization review for diabetes treatment prescribed by a health care provider; EFFECTIVE January 1, 2023.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

11/23/2021 - Pre-Filed

COVERAGE FOR HEPATITIS C VIRUS INFECTION TESTING AND TREATMENT IN PREGNANT WOMEN
(STEVENSON, CHERLYNN; Jenkins, Joni L.; Palumbo, Ruth Ann; Westrom, Susan)

AN ACT relating to coverage for hepatitis C virus infection testing and treatment in pregnant women.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for testing and treatment of hepatitis C virus infection in pregnant women; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require self-insured employer plans provided by state postsecondary institutions, Medicaid, KCHIP, and the state employee health plan to comply with the hepatitis C virus infection coverage requirement; 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, 2023.

  RECENT STATUS

2/24/2022 - floor amendment (1) filed

1/4/2022 - Introduced (Pre-Filed)

12/3/2021 - Pre-Filed

ECONOMIC FISCAL MATTERS
(FLEMING, KEN; Tipton, James)

AN ACT relating to economic fiscal matters.

Create new sections of KRS Chapter 7A to establish the Tax Expenditure and Economic Development Incentive Review Board and specify the board's membership, authority, powers and duties; establish requirements for board meetings; establish requirements for when the General Assembly enacts new tax expenditures or economic development incentives; require agencies to assign taxpayers a unique number for purposes of reporting tax expenditures and economic development incentives; amend KRS 11.068 to require the annual production of a detailed estimate of the revenue loss resulting from each tax expenditure and economic development incentive from the general fund and road fund; amend KRS 131.020 to require the Department of Revenue to collect, report, and provide data to the Tax Expenditure and Economic Development Incentive Review Board; amend KRS 131.190 to allow the Department of Revenue to provide confidential data to the Tax Expenditure and Economic Development Incentive Review Board.

  RECENT STATUS

1/4/2022 - Introduced (Pre-Filed)

12/9/2021 - Pre-Filed

ESTABLISH NEW TECHNICAL ADVISORY COMMITTEE ON EMERGENCY MEDICAL SERVICES
(PRUNTY, MELINDA GIBBONS; McCool, Bobby)

AN ACT relating to emergency services.

Amend KRS 205.590 to establish a new technical advisory committee on emergency medical services consisting of members representing the air medical industry, the Kentucky Board of Emergency Services, emergency medical services billing industry, and ground ambulance providers.

  RECENT STATUS

2/2/2022 - (H) Referred to Committee House Health & Family Services (H)

1/4/2022 - Introduced (Pre-Filed)

12/10/2021 - Pre-Filed

MEDICAID COVERAGE FOR POSTPARTUM BEHAVIORAL HEALTHCARE
(JENKINS, JONI L.; Palumbo, Ruth Ann; Raymond, Josie; Stevenson, Cherlynn; Stevenson , Pamela; Westrom, Susan)

AN ACT relating to Medicaid coverage for postpartum behavioral healthcare.

Amend KRS 205.592 to require Medicaid to cover behavioral health services for eligible pregnant women for 12 months postpartum; require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization for a waiver if necessary.

  RECENT STATUS

1/4/2022 - Introduced

POSTPARTUM MEDICAID COVERAGE
(CANTRELL, MCKENZIE; Moser, Kimberly Poore; Dotson, Ryan; Gentry, Alan; Graham, Derrick; Minter, Patti; Palumbo, Ruth Ann; Raymond, Josie; Stevenson , Pamela; Stevenson, Cherlynn; Westrom, Susan; Wheatley, Buddy; Willner, Lisa)

AN ACT relating to postpartum Medicaid coverage.

Amend KRS 205.592 to extend Medicaid eligibility for certain new mothers for up to 12 months postpartum; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek a federal waiver or other approval if they determine that such waiver or approval is necessary. Senate Committee Substitute (1) Retain original provisions; amend KRS 625.090 to establish a condition related to termination of parental rights; amend KRS 21A.190, 157.065, 194A.030, 194A.365, 199.665, 199.8943, 199.8983, 211.684, 605.120, 620.055, 620.320, and 620.345 to remove reference to the Child Welfare Oversight and Advisory Committee; amend KRS 200.575 to remove reference to the Child Welfare Oversight and Advisory Committee and replace it with Legislative Research Commission; repeal KRS 6.940, relating to the Medicaid Oversight and Advisory Committee and KRS 6.943, relating to the Child Welfare Oversight and Advisory Committee; EFFECTIVE, in part, January 1, 2023.

  RECENT STATUS

3/29/2022 - floor amendment (3) and (5) filed to Committee Substitute, floor amendment (4-title) filed to bill

3/24/2022 - floor amendments (1) and (2) filed to Committee Substitute

3/24/2022 - (S) SECOND READING, to Rules as a consent bill

HEALTH PLAN WAITING PERIODS
(STEVENSON, CHERLYNN; Raymond, Josie)

AN ACT relating to health plan waiting periods.

Create a new section of KRS Chapter 337 to prohibit employer-sponsored health plans from imposing a waiting period; amend KRS 337.990 to establish penalties; amend KRS 304.17A-220 and 304.17A-750 to conform; provide that Section 1 of the Act shall apply to health plans issued or renewed on or after the effective date of the Act.

  RECENT STATUS

1/4/2022 - Introduced

COVERAGE FOR INJECTABLE EPINEPHRINE DEVICES
(STEVENSON, CHERLYNN; Minter, Patti; Raymond, Josie)

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 and under; provide that the coverage shall not be subject to cost-sharing requirements; amend KRS 205.522, 205.6485, 18A.225, and 164.2871 to require Medicaid, KCHIP, the state employee health plan, and self-insured employer group health plans offered by the governing board of a state postsecondary education institution to comply with the 18-and-under injectable epinephrine device coverage requirement; EFFECTIVE January 1, 2023.

  RECENT STATUS

1/4/2022 - Introduced

CONSUMER PROTECTION IN PHARMACY RELATED TRADE PRACTICES
(SHELDON, STEVE; Bentley, Danny; Baker, Shane; Banta, Kim; Blanton, John; Bowling, Adam; Bratcher, Kevin D.; Bray, Josh; Bridges, Randy; Calloway, Josh; Dixon, Jonathan; DuPlessis, Jim; Fister, Daniel; Fleming, Ken; Freeland, Chris; Fugate, Chris; Hale, David; Hatton, Angie; Heavrin, Samara; Huff, Regina; Huff, Thomas; Johnson, DJ; Lawrence, William; Lewis, Derek; Lewis, Scott ; Lockett, Matt; Marzian, Mary Lou; McCool, Bobby; McPherson, Shawn; Moser, Kimberly Poore; Nemes, Jason; Palumbo, Ruth Ann; Pollock, Michael Sarge; Pratt, Phillip; Prunty, Melinda Gibbons; Reed, Brandon; Riley, Steve; Santoro, Sal; Sharp, Scott; Smith, Tom; Tate, Nancy; Thomas, Walker; Timoney, Killian; Upchurch, Ken; Wesley, Bill; Westrom, Susan)

AN ACT relating to consumer protection through regulation of pharmacy-related trade practices.

Create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing 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; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; 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 provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023.

  RECENT STATUS

2/7/2022 - (H) WITHDRAWN

1/5/2022 - Introduced

OCCUPATIONAL THERAPISTS
(JOHNSON, DJ; Banta, Kim; Gentry, Alan; Lewis, Scott ; Lewis, Derek; Palumbo, Ruth Ann; Wheatley, Buddy)

AN ACT relating to occupational therapists.

Create a new section of KRS Chapter 319A to include Kentucky in an interstate compact for licensure as an occupational therapist; set the compact's purpose, definitions, and requirements for state participation; allow a practitioner to hold both a home state license and a compact privilege; authorize active duty military personnel or their spouses to retain a home state during active duty; make the home state the only jurisdiction that may impose adverse action against a license; establish the Occupational Therapy Compact Commission; require the commission to develop, maintain, and use a licensee data system shared by all member states; grant the commission rulemaking power; designate oversight, dispute resolution, and enforcement authority under the compact; fix the effective date of the compact as the date the tenth member state enacts the compact into law; establish the construction, binding effect, and severability of the sections of the compact; amend KRS 319A.140 and 319A.180 to include compact licensure as a means to practice occupational therapy. House Committee Substitute (1) Retain original provisions; give the Kentucky Board of Licensure for Occupational Therapy 60 days to review a rule adopted by the interstate commission for the purpose of filing the rule as an emergency administrative regulation; prohibit use of the general fund to finance the interstate commission; add occupational therapy assistants to those who may be licensed by the state board for a compact privilege.

  RECENT STATUS

4/8/2022 - SIGNED BY GOVERNOR; (Acts Ch. 164)

3/30/2022 - delivered to Governor

3/30/2022 - Enrolled, Signed by President of the Senate

LUNG CANCER SCREENING
(MOSER, KIMBERLY POORE; Prunty, Melinda Gibbons; Banta, Kim; Freeland, Chris; Graham, Derrick; Huff, Thomas; Huff, Regina; Miller, Jerry T.; Miller, Charles; Palumbo, Ruth Ann; Santoro, Sal; Sheldon, Steve; Tate, Nancy; Timoney, Killian; Westrom, Susan)

AN ACT relating to lung cancer screening.

Create new sections of KRS Chapter 214 to define "department" and "program"; establish the Lung Cancer Screening and Prevention Program within the Department for Public Health; provide that services may be undertaken by private contract or operated by the department; allow the program to provide referral, examination, and rescreening services for uninsured and underinsured individuals for whom further examination or treatment is indicated by the lung cancer screening; require the department to adopt a schedule of income-based fees to be charged for lung cancer screenings; require that the fee schedule be such that the screenings are available to the largest number of people; permit the department to accept grants or awards of funds from federal or private sources; require the department to establish a data collection system; require the promulgation of administrative regulations; establish a restricted fund to be known as the Kentucky Lung Cancer Screening and Prevention Program fund and establish parameters of the fund; require that the funds be used by the department to administer the program; require moneys in the fund to be administered by the Finance and Administration Cabinet; provide that moneys remaining in the fund at the end of the fiscal year will carry forward into the succeeding fiscal year; require that interest earned on moneys in the fund will accrue to the fund; require that moneys in the fund are appropriated for the purposes of the program; require the fund to include funds distributed by the Transportation Cabinet from sales of special lung cancer prevention license plates; establish the Lung Cancer Screening Advisory Committee; establish the membership of the advisory committee; require the advisory committee to provide recommendations for implementation and conduct of the lung cancer screening program; require the advisory committee to establish and provide oversight for a lung cancer screening public awareness campaign; require the Cabinet for Health and Family Services to contract with the Kentucky Cancer Consortium at the University of Kentucky to provide the required support; require the amount of contracted services to be excluded from the base funding formula of the university as determined by the Council on Postsecondary Education; require the advisory committee to provide an annual report on implementation, outcomes, and recommendations; require the Kentucky Cancer Program to establish a lung cancer screening education and outreach program in each of the area development districts; require the education and outreach program to focus on individuals who lack access to lung cancer screening; require the Cabinet for Health and Family Services to contract with the University of Louisville and the University of Kentucky to provide the required support and require the amount of contracted services to be excluded from the base funding formula of the universities as determined by the Council on Postsecondary Education; APPROPRIATION.
House Committee Substitute (1) Retain original provisions, except rename the program the Lung Cancer Screening Program; delete language requiring the program to provide lung cancer screening for uninsured and underinsured individuals, allowing services to be undertaken by private contract, and requiring the Department for Public Health to adopt a schedule of income-based fees, establish a data collection system, and promulgate administrative regulations; allow the advisory committee to add members who have subject matter expertise; require the advisory committee to review relevant data, clinical guidelines, and best practices and provide recommendations to improve access to high quality lung cancer screening; delete text requiring the Cabinet for Health and Family Services to contract with the Kentucky Cancer Consortium; delete the directive to the cabinet, the University of Kentucky, and the University of Louisville to establish a lung cancer screening, education, and outreach program; APPROPRIATIONS. Senate Committee Substitute (1)Retain original provisions; provide that the Act may be cited as the Margaret M. Poore Lung Cancer Screening Act.

  RECENT STATUS

3/31/2022 - SIGNED BY GOVERNOR; (Acts Ch. 71)

3/29/2022 - delivered to Governor

3/29/2022 - Enrolled, Signed by President of the Senate

REMOTE ACCESS TO PHARMACY DATABASES
(BENTLEY, DANNY; Sheldon, Steve; Massey, C. Ed; Prunty, Melinda Gibbons)

AN ACT relating to remote access to pharmacy databases.

Amend KRS 315.020 to establish that provisions related to remote access of a pharmacy's electronic database does not apply to pharmacies located in a hospital licensed under KRS Chapter 216B. House Committee Substitute (1) Retain original provisions and reword hospital exemption. House Floor Amendment (3) Delete provisions requiring pharmacy personnel to reside in Kentucky or within 100 miles of the pharmacy.

  RECENT STATUS

3/31/2022 - SIGNED BY GOVERNOR; (Acts Ch. 72)

3/29/2022 - delivered to Governor

3/29/2022 - Enrolled, Signed by President of the Senate

REPRODUCTIVE HEALTH SERVICES
(RAYMOND, JOSIE; Flood, Kelly; Scott, Attica)

AN ACT relating to reproductive health services.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for long-acting reversible contraception administered during a postpartum hospital stay; prohibit cost sharing; create a new section of KRS Chapter 205 to require the Cabinet for Health and Family Services to apply for a Medicaid waiver to offer family planning services to certain low-income individuals; require the cabinet to report annually; amend KRS 164.2871 to require state postsecondary self-insured employer group plans to comply with the new section on long-acting reversible contraceptive coverage; amend KRS 205.522 to require Medicaid to comply with new section on long-acting reversible contraception coverage; amend KRS 205.6485 to require the Kentucky Children's Health Insurance Program to comply with the new section on long-acting reversible contraception coverage; amend KRS 18A.225 to require the state employee health plan to comply with the new section on long-acting reversible contraception coverage; amend KRS 446.350 to provide that nothing in the new section on long-acting reversible contraceptive coverage shall be construed to violate section; require insurers of health benefit plans to submit information relating to contraceptive coverage to the insurance commissioner; require the commissioner to report information relating to contraceptive coverage to the Legislative Research Commission; require the Cabinet for Health and Family Services to seek approval if they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2023.

  RECENT STATUS

1/13/2022 - Introduced

CONTRACEPTIVE COVERAGE
(RAYMOND, JOSIE; Flood, Kelly; Jenkins, Joni L.; Scott, Attica; Westrom, Susan)

AN ACT relating to contraceptive coverage.

Create a new section of Subtitle 17A of KRS Chapter 304 to define terms; require health benefit plans to provide coverage for contraception; set forth requirements for health benefit plans relating to contraceptive coverage; amend KRS 164.2871 to require self-insured employer group health plans provided by the governing board of a state postsecondary institution to its employees to comply with the new section on contraceptive coverage; amend KRS 205.522 to require Medicaid to comply with the new section on contraceptive coverage; amend KRS 205.6485 to require the Kentucky Children's Health Insurance Program to comply with the new section on contraceptive coverage; amend KRS 18A.225 to require the state employee health plan to comply with the new section on contraceptive coverage; amend KRS 446.350 to provide that nothing in the new section on contraceptive coverage shall be construed to violate section; EFFECTIVE January 1, 2023.

  RECENT STATUS

1/13/2022 - Introduced

PAYMENT OF INSURANCE PREMIUMS
(MOSER, KIMBERLY POORE; Massey, C. Ed; Tate, Nancy)

AN ACT relating to the payment of insurance premiums and cost sharing on behalf of an insured.

Amend KRS 304.17A-255 to require health benefit plans to accept, and count toward the insured's contributions, premium and cost-sharing payments made on behalf of an insured from organizations that meet specified requirements; provide that Act applies to health benefit plans issued or renewed on or after effective date of Act.

  RECENT STATUS

3/29/2022 - SIGNED BY GOVERNOR; (Acts Ch. 49)

3/24/2022 - delivered to Governor

3/24/2022 - Enrolled, Signed by President of the Senate

ELECTRONIC PRESCRIPTION RECORDS
(ELLIOTT, DANIEL; Massey, C. Ed)

AN ACT relating to electronic prescription records.

Create a new section of KRS Chapter 218A requiring the Cabinet for Health and Family Services to provide a copy of a patient's electronic prescription record upon request of the patient, the patient's legal guardian, or the patient's parent or legal guardian if the patient is a minor; require the cabinet to make corrections to a patient's electronic prescription record; require the cabinet to promulgate administrative regulations to implement a process for requesting records; require the cabinet to respond to a request within at least 30 days of a completed request; permit the cabinet to charge a reasonable fee for a request of a copy of a record but not for making a record correction.

  RECENT STATUS

1/20/2022 - Introduced

EXEMPTIONS FROM PRIOR AUTHORIZATION REQUIREMENTS
(MOSER, KIMBERLY POORE; Raymond, Josie; Santoro, Sal)

AN ACT relating to exemptions from prior authorization requirements.

Create new sections of KRS 304.17A-600 to KRS 304.17A-633 to establish eligibility criteria and requirements relating to prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements relating to external reviews of prior authorization exemption determinations and denials; 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; 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; amend KRS 304.17A-600 to conform; 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-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption determinations and denials; require independent review entities and reviewers of prior authorization exemption determinations and denials 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 determinations and denials; amend KRS 205.536 to require the Department for Medicaid Services, or 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 they determine that such approval is necessary; EFFECTIVE, in part, January 1, 2023.

  RECENT STATUS

2/23/2022 - (H) Referred to Committee House Health & Family Services (H)

1/24/2022 - Introduced

INSURANCE REGULATORY REQUIREMENTS
(GOOCH JR., JIM)

AN ACT relating to insurance regulatory requirements.

Amend KRS 304.2-205 and KRS 304.3-240 to require electronic filings; amend KRS 304.2-230 to add analysts to insurance examination provisions; amend KRS 304.5-140 to provide additional authority for the insurance commissioner relating to the assuming insurer list; amend KRS 304.6-134 to remove requirement that a domestic company report total adjusted capital of at least 450% of authorized control level risk-based capital in order to qualify for an exemption from NAIC valuation manual standards; amend KRS 304.17A-300 to terminate the issuance of certificates of filing for provider-sponsored integrated health delivery networks; amend KRS 304.37-010 to modify definition of "commissioner" and add definition for "NAIC"; amend KRS 304.37-020 to add definitions; require certain insurance holding company systems to file an annual group capital calculation with a lead state insurance commissioner; require certain insurance holding company systems scoped into the NAIC Liquidity Stress Test Framework to file liquidity stress test results with a lead state insurance commissioner; amend KRS 304.37-050 to modify confidentiality provisions relating to documents, materials, or other information in the possession of the insurance commissioner; add confidentiality provisions for group capital calculations and liquidity stress test results; make technical amendments throughout.

  RECENT STATUS

4/8/2022 - SIGNED BY GOVERNOR; (Acts Ch. 133)

3/30/2022 - delivered to Governor

3/30/2022 - Enrolled, Signed by President of the Senate

HEALTH CARE TRADE PRACTICES
(LEWIS, DEREK; Reed, Brandon; Bowling, Adam; Bratcher, Kevin D.; Flannery, Patrick; Kirk-McCormick, Norma; Lockett, Matt; Massey, C. Ed; McPherson, Shawn; Pollock, Michael Sarge; Riley, Steve; Santoro, Sal; Sheldon, Steve; Smith, Tom; Webber, Russell; Westrom, Susan)

AN ACT relating to health care trade practices.

Create new sections of Subtitle 17C of KRS Chapter 304 to define terms; permit third-party access to provider network contracts if certain conditions are met; prohibit a dental carrier from canceling or otherwise ending a contractual relationship with a provider that opts out of third-party access; require a dental carrier to accept a qualified provider regardless of whether the provider opts out of third-party access; provide that a provider shall not be bound by third-party access granted in violation of the relevant provisions; establish exceptions to the third-party access provisions; allow a dental benefit plan to deny a claim for procedures included in a prior authorization when certain conditions are met; establish requirements for payments from the dental benefit plan to the dentist; require an insurer of a dental benefit plan to honor an assignment of benefits and make payments directly to the dentist or professional dental service corporation when certain conditions are met; permit a dentist or professional dental service corporation with a valid assignment of benefits to bill the insurer and notify the insurer of the assignment; require the dentist or professional dental service organization to provide the assignment of benefits to the insurer upon request; allow an assignment of benefits to be revoked when certain conditions are met; require the insurer of a dental benefit plan to send a revocation to the dentist or professional dental service corporation; establish the effective date of a revocation; require a dentist or professional dental service corporation to reimburse an insured under certain circumstances; prohibit provisions relating to third-party access, prior authorization, and assignment of benefits from being waived by contract; create a new section of Subtitle 17A of KRS Chapter 304 to require an insurer and its health insurance plans to comply with the provisions relating to third-party access, prior authorization, and assignment of benefits; amend KRS 304.17C-085 to define terms; prohibit a provider from charging more than the provider's usual and customary rate for noncovered services under a limited health service benefit plan; prohibit the amount of a contractual discount for covered services from resulting in a fee less than the limited health service benefit plan would pay but for certain contractual limitations; require reimbursement by a limited health service benefit plan to be reasonable and prohibit nominal reimbursement in order to claim services are covered; amend KRS 304.17A-611 to require retrospective denials of dental services to comply with the new section on prior authorization; amend KRS 222.422 to conform; permit the commissioner of insurance to promulgate regulations. House Committee Substitute (1) Retain original provisions, except delete various notice and disclosure requirements for contracting entities; require contracting entities to update list of third parties on Web site every 60 days; create exceptions to provider discount provisions; amend provision allowing a claim to be denied after prior authorization has been granted; delete section on assignment of benefits; delete section requiring insurers and health insurance plans to comply with requirements for dental carriers and dental benefit plans; delete provision amending KRS 222.422. House Floor Amendment (1) Make technical changes.

  RECENT STATUS

3/29/2022 - SIGNED BY GOVERNOR; (Acts Ch. 48)

3/24/2022 - delivered to Governor

3/24/2022 - Enrolled, Signed by President of the Senate

NEWBORN AND INFANT SCREENINGS
(FRAZIER GORDON, DEANNA; Raymond, Josie; Westrom, Susan)

AN ACT relating to newborn and infant screenings.

Amend KRS 214.155 to include cytomegalovirus (CMV) testing as part of the newborn screening program; create a new section of KRS Chapter 214 to require the Department for Public Health in the Cabinet for Health and Family Services to provide public educational resources related to CMV; provide that the Act may be cited as the Bella Dawn Streeval Law.

  RECENT STATUS

1/26/2022 - Introduced

INSURANCE TRADE PRACTICES
(ROWLAND, BART)

AN ACT relating to insurance trade practices.

Create a new section of Subtitle 12 of KRS Chapter 304 to permit insurers and insurance producers to offer gifts, conduct sweepstakes or drawings, and offer products or services for free or less than market value if certain conditions are met; amend KRS 304.12-110, 304.12-100, 304.15-712, and 304.17A-098 to conform; establish purpose of Act; title Section 1 of this Act the Kentucky Rebate Reform Model Act.

  RECENT STATUS

3/30/2022 - SIGNED BY GOVERNOR; (Acts Ch. 64)

3/25/2022 - delivered to Governor

3/25/2022 - Enrolled, Signed by President of the Senate

EMPLOYMENT DISCRIMINATION BASED ON SMOKING
(KOENIG, ADAM; Massey, C. Ed; McCoy, Chad; Moser, Kimberly Poore; Westrom, Susan; Wheatley, Buddy)

AN ACT relating to employment discrimination based on smoking.

Amend KRS 344.040 to remove protections against employment discrimination based on an individual's status as a smoker or nonsmoker.

  RECENT STATUS

1/31/2022 - Introduced

COVERAGE OF TREATMENT FOR POSTPARTUM MOOD DISORDERS
(ROBERTS, RACHEL; Raymond, Josie)

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 to require a self-insured employer group health plan provided by a state postsecondary education institution to its employees to comply with the new section on postpartum mood disorder coverage; amend KRS 205.522 to require Medicaid to comply with the new section on postpartum mood disorder coverage; amend KRS 205.6485 to require the Kentucky Children's Health Insurance Program to comply with the new section on postpartum mood disorder coverage; amend KRS 18A.225 to require the state employee health plan to comply with the new section on postpartum mood disorder coverage; EFFECTIVE January 1, 2023.

  RECENT STATUS

2/1/2022 - Introduced

MENTAL HEALTH COVERAGE IN CONNECTION WITH PREGNANCY
(ROBERTS, RACHEL; Raymond, Josie)

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

Amend KRS 304.17A-145 to require certain 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 164.2871 to require self-insured employer plans provided by the governing board of a state postsecondary education institution to comply with the coverage requirement for counseling interventions; amend KRS 205.522 to require Medicaid benefits to comply with the coverage requirement for counseling interventions; amend KRS 205.6485 to require the Kentucky Children's Health Insurance Program to comply with the coverage requirement for counseling interventions; amend KRS 18A.225 to require the state employee health plan to comply with the coverage requirement for counseling interventions; 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, 2023.

  RECENT STATUS

2/1/2022 - Introduced

MEDICARE SUPPLEMENT INSURANCE
(MOSER, KIMBERLY POORE; Willner, Lisa; Burch, Tom; McPherson, Shawn; Miller, Charles; Miller, Jerry T.; Minter, Patti; Riley, Steve)

AN ACT relating to Medicare supplement insurance.

Amend KRS 304.14-520 to prohibit an insurer from denying, or conditioning the effectiveness of, a Medicare supplement policy, or discriminating in price, based on the age, gender, health status, claims experience, receipt of health care, or medical condition of an applicant or a person covered under the policy; prohibit the policy from containing a waiting period or pre-existing condition limitation or exclusion; require applications to be accepted, and policies issued, at all times throughout the year; provide that the Act applies to Medicare supplement policies issued, or renewed in this state on or after the effective date of the Act.

  RECENT STATUS

2/25/2022 - (H) recommitted to committee House Banking & Insurance (H)

2/25/2022 - (H) SECOND READING, to Rules

2/24/2022 - (H) FIRST READING

AMEND SECTION 54 OF THE CONSTITUTION OF KENTUCKY
(BRAY, JOSH; Lawrence, William; Dixon, Jonathan; McPherson, Shawn; Moser, Kimberly Poore; Prunty, Melinda Gibbons; Sharp, Scott)

AN ACT proposing an amendment to Section 54 of the Constitution of Kentucky relating to recovery for injuries.

Propose an amendment to Section 54 of the Constitution of Kentucky to allow the General Assembly the power to limit noneconomic damages for injuries resulting in death or for injuries to persons or property, and the power to provide statutes of limitation; provide for submission to the voters.

  RECENT STATUS

2/3/2022 - Introduced

PHARMACY AND PHARMACIST SERVICES
(SHELDON, STEVE; Bentley, Danny; Baker, Shane; Banta, Kim; Bechler, Lynn; Blanton, John; Bowling, Adam; Branscum, Joshua; Bratcher, Kevin D.; Bray, Josh; Bridges, Randy; Calloway, Josh; Dixon, Jonathan; Dossett, Myron; DuPlessis, Jim; Elliott, Daniel; Fister, Daniel; Fleming, Ken; Freeland, Chris; Fugate, Chris; Hale, David; Hatton, Angie; Heath, Richard; Heavrin, Samara; Huff, Regina; Huff, Thomas; Johnson, DJ; King, Kim; Lawrence, William; Lewis, Derek; Lewis, Scott ; Lockett, Matt; Marzian, Mary Lou; Massey, C. Ed; McCool, Bobby; McPherson, Shawn; Moser, Kimberly Poore; Nemes, Jason; Palumbo, Ruth Ann; Petrie, Jason; Pollock, Michael Sarge; Pratt, Phillip; Prunty, Melinda Gibbons; Reed, Brandon; Riley, Steve; Santoro, Sal; Sharp, Scott; Smith, Tom; Tate, Nancy; Thomas, Walker; Timoney, Killian; Upchurch, Ken; Webber, Russell; Wesley, Bill; Westrom, Susan)

AN ACT relating to pharmacy or pharmacist services.

Amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing 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; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; 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 provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for the health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide for staggered appointments to the Pharmacy Benefits Management Advisory Council; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023. House Committee Substitute (1) Retain original provisions, except delete requirements for pharmacy benefit manager drug reimbursement at an amount that is equal to or greater than the national average drug acquisition cost and related reporting; delete requirements for pass-through pricing and related reporting; delete requirement to establish a Pharmacy Benefits Management Advisory Council; create a new section of KRS Chapter 365 to establish a fiduciary duty of a pharmacy services administration organization when acting on behalf of a pharmacy or pharmacist.

  RECENT STATUS

3/22/2022 - (S) Referred to Committee Senate Appropriations & Revenue (S)

3/21/2022 - received in Senate

3/21/2022 - (H) THIRD READING, passed 88-3 with Committee Substitute (1)

REGULATION OF AIR AMBULANCE SERVICES
(FRAZIER GORDON, DEANNA)

AN ACT relating to the regulation of air ambulance services.

Create a new section of Subtitle 5 of KRS Chapter 304 to provide that certain air ambulance providers or other entities are engaged in the business of insurance; require certain air ambulance services or other entities to obtain and maintain a certificate of authority or license from the commissioner; provide that air ambulance memberships shall be considered a limited health service benefit plan subject to the applicable provisions of the chapter; create a new section of Subtitle 12 of KRS Chapter 304 to require entities selling air ambulance memberships to make disclosures; create a new section of Subtitle 17C of KRS Chapter 304 to require entities that operate air ambulance membership programs to implement a patient advocacy program; prohibit enforcement in a manner that conflicts with federal law; amend KRS 304.1-120, 304.17C-010, and 304.38A-010 to conform; establish a time frame for implementation of patient advocacy program provisions; include purpose provisions; EFFECTIVE April 15, 2023.

  RECENT STATUS

2/8/2022 - Introduced

INSURANCE DATA SECURITY
(POLLOCK, MICHAEL SARGE)

AN ACT relating to insurance data security.

Create new sections of Subtitle 3 of KRS Chapter 304 to establish definitions; require licensees to conduct risk assessments; require licensees to develop an information security program, including an incident response plan; require licensees to investigate cybersecurity events and potential cybersecurity events; establish recordkeeping requirements relating to cybersecurity events; establish reporting requirements relating to cybersecurity events; require licensees to comply with KRS 365.732; provide exceptions for certain provisions; authorize the commissioner to examine and investigate licensees for potential violations and take action necessary to enforce relevant provisions; establish how and under what circumstances documents, materials, or other information may be used or disclosed; prohibit the commissioner or other persons acting on under the authority of the commissioner from testifying in a private civil action concerning confidential documents, materials, or other information; provide that a licensee may be penalized for violations in accordance with KRS 304.99-020; authorize the commissioner to promulgate administrative regulations pursuant to KRS 304.2-110; provide for severability; establish a timeframe for implementation of certain provisions; EFFECTIVE January 1, 2023. Senate Committee Substitute (1) Retain original provisions except replace certain requirements for a licensee's board of directors with requirements for executive management; modify circumstances under which licensees are deemed to comply with the data security requirements; provide that financial institution licensees are deemed to comply with the data security requirements under certain circumstances; make technical amendments, effective January 1, 2023.

  RECENT STATUS

4/8/2022 - SIGNED BY GOVERNOR; (Acts Ch. 149)

3/30/2022 - delivered to Governor

3/30/2022 - Enrolled, Signed by President of the Senate

LOCAL TAXATION
(MEREDITH, MICHAEL; Osborne, David W.; Blanton, John; Bowling, Adam; Bray, Josh; Bridges, Randy; Burch, Tom; Dixon, Jonathan; Dossett, Myron; Dotson, Ryan; DuPlessis, Jim; Elliott, Daniel; Fister, Daniel; Fleming, Ken; Freeland, Chris; Hale, David; Heath, Richard; Imes, Mary Beth; Johnson, DJ; Koch, Matthew; Koenig, Adam; Kulkarni, Nima; Lawrence, William; Lewis, Derek; Lewis, Scott ; McCoy, Chad; McPherson, Shawn; Meade, David; Miles, Suzanne; Miller, Jerry T.; Miller, Charles; Nemes, Jason; Palumbo, Ruth Ann; Petrie, Jason; Pollock, Michael Sarge; Pratt, Phillip; Rowland, Bart; Rudy, Steven; Sheldon, Steve; Stevenson, Cherlynn; Stevenson , Pamela; Tate, Nancy; Thomas, Walker; Tipton, James; Westrom, Susan)

AN ACT relating to local taxation.

Amend KRS 67.083 to allow a fiscal court of any county to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state; amend KRS 92.281 to allow cities of all classes to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state; amend KRS 610.350 to allow certain local government bodies to levy taxes within constitutional limitations, provided that the tax is allowed by the statutes of this state; amend KRS 83.520 to allow the legislative body of a city of the first class to levy all taxes, provided that the taxes are allowed by the statutes of this state; amend KRS 65.760 to allow local governments to levy certain taxes, provided that the taxes are allowed by the statutes of this state; create a new section of KRS Chapter 92 to prohibit municipal corporations that are authorized to levy and collect taxes or fees from levying the tax or fee unless the tax or fee is allowed by the statutes of this state; EFFECTIVE only upon the ratification by voters of an amendment to Section 181 of the Kentucky Constitution. House Committee Substitute (1) Retain original provisions; amend KRS 67A.070 to allow urban-county governments to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state; amend KRS 67C.101 to allow consolidated local governments to levy all taxes not in conflict with the Constitution, provided that the fee or tax is allowed by the statutes of this state.

  RECENT STATUS

3/29/2022 - (S) Returned to Committee Senate Appropriations & Revenue (S)

3/29/2022 - (S) SECOND READING

3/29/2022 - (S) Taken From Committee Appropriations & Revenue

REGISTRATION OF PROFESSIONAL EMPLOYER ORGANIZATIONS
(PRATT, PHILLIP)

AN ACT relating to the recognition and registration of professional employer organizations.

Create new sections of KRS Chapter 336 to declare that professional employer organizations provide a valuable service to commerce and should be properly recognized and regulated; define "client," "co-employer," "co-employment relationship," "covered employee," "insurer," "person," "professional employer agreement," "professional employer organization," "professional employer organization group," "professional employer services," "registrant," and "temporary help service"; indicate that covered employees shall be deemed employees of the client for purposes of determining tax credits or economic incentives; require a person providing professional employer services to be registered and to set forth the registration requirements; require professional employer organizations to pay a registration fee; require a professional employer organization to either maintain positive working capital or provide a bond, letter of credit, or security; set forth the rights and responsibilities of parties to a co-employment agreement; set forth the health insurance obligations of professional employer organizations; set forth the workers' compensation requirements of professional employer organizations and the client; set forth the unemployment insurance obligations of the professional employer organization and the client; prohibit a person from knowingly providing professional employer services without becoming registered and set forth actions that may be taken by the Department of Workers' Claims against any person in violation; amend the definition of "premiums received" in KRS 342.0011 to include co-employment relationships with a professional employer organization; amend KRS 342.990 to delete references to KRS 342.615; repeal KRS 342.615; state that the provisions of this Act are severable.

  RECENT STATUS

3/29/2022 - SIGNED BY GOVERNOR; (Acts Ch. 50)

3/23/2022 - delivered to Governor

3/23/2022 - Enrolled, Signed by President of the Senate

COVERAGE FOR MEDICAL SERVICES
(FLANNERY, PATRICK)

AN ACT relating to coverage for medical services.

Create new sections of Subtitle 17A of KRS Chapter 304 to require health insurance coverage for fertility preservation services and medical services related to testicular or other urological cancers; create new sections of Subtitles 17C and 38A of KRS Chapter 304 to require limited health service benefit plans and limited health service organizations to comply with coverage requirements for medical services related to testicular or other urological cancers; EFFECTIVE January 1, 2023.

  RECENT STATUS

2/24/2022 - Introduced

CONSUMER PROTECTION IN HEALTH INSURANCE
(MINTER, PATTI; Stevenson, Cherlynn; Stevenson , Pamela)

AN ACT relating to consumer protections in health insurance.

Create new sections of Subtitle 17A of KRS Chapter 304 to limit premium rates for health benefit plans issued to an individual or small group; require that health benefit plan coverage continue to be available for adult children until age 26; require insurers to provide benefits for, and not impose cost-sharing requirements on, preventive services; amend KRS 304.17A-200 to prohibit eligibility rules and premium disparities in the individual market based on health status; make conforming amendments to KRS 304.17-030, 304.17-310, and 304.17A-0952; repeal KRS 304.17A-256, relating to options for dependent coverage under group health benefit plans.

  RECENT STATUS

3/1/2022 - Introduced

INSURANCE PRELICENSING EDUCATION
(BRANSCUM, JOSHUA; Rowland, Bart)

AN ACT relating to insurance prelicensing education and examinations.

Amend KRS 304.9-170 to exempt applicants with an associate's, bachelors, or master's degree with a concentration in insurance from an institution approved by the commissioner from the prelicensing education and examination requirements; make technical changes.

  RECENT STATUS

3/1/2022 - Introduced

COVERAGE OF PROSTHETICS AND ORTHOTICS
(GENTRY, ALAN)

AN ACT relating to coverage for prosthetics and orthotics.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for prosthetic and orthotic devices; amend KRS 304.17A-515 and 304.17A-254 to require health benefit plans to provide access to health care providers that practice in the area of prosthetics and orthotics and professionals that provide prosthetic and orthotic devices and services; amend KRS 18A.225 to require prosthetic and orthotic device coverage for the state employee health plan; amend KRS 205.560 to include prosthetic and orthotic device coverage in the scope of care for the Kentucky Medical Assistance Program; EFFECTIVE January 1, 2023.

  RECENT STATUS

3/1/2022 - Introduced

REGULATORY INNOVATIONS
(ROWLAND, BART)

AN ACT relating to regulatory innovations.

Establish subtitle 53 of KRS chapter 304 to establish definitions, purpose, and interpretation of Insurance and Related Innovation Sandbox Law; establish director of innovation within the Department of Insurance; establish duties of the director of innovation; establish procedures, parameters, and application process for obtaining a waiver or no-action letter with respect to specified requirements imposed by statute or regulation for insurance-related innovations; establish procedures and parameters for obtaining an innovative insurer license; establish procedures and parameters for reviewing and accepting or rejecting applications, the testing phase of an innovation, and the issuance of extended no-action letters; provide for the confidentiality of certain documents, materials, or other information created, produced, obtained, or disclosed in relation to the subtitle; establish the Kentucky Innovation Council; require the commissioner of insurance and other applicable agencies to adopt uniform procedures, by administrative regulation or cooperation agreement, for the administration of the subtitle; require the commissioner of insurance and other applicable agencies to enter into any interstate innovation compact or memorandum of understanding and cooperation agreement necessary to carry out the purposes of the subtitle; establish procedures and parameters for any interstate innovation compact or memorandum of understanding and cooperation agreement; authorize information sharing with the insurance supervisory official of any state, province, or country; require the commissioner of insurance and any applicable agency to report to the Interim Joint Committee on Banking and Insurance; amend KRS 304.10-030 and 304.10-040 to permit surplus lines insurance to be procured from a domestic surplus lines insurer; amend KRS 304.2-120 to permit licensees to make electronic notices; require notices and orders of the commissioner of insurance be served electronically; amend KRS 304.1-120 and 304.11-030 to conform; amend KRS 91A.080 to exempt sandbox participants and innovative insurers from local government premium tax; amend KRS 154.32-010 to add or modify definitions related to insurance innovators; amend KRS 154.32-020 to allow an insurance innovator to qualify for an economic development project and to include within the allowable incentives the insurance premiums taxes paid to the Commonwealth; make conforming changes and require reporting to the Interim Joint Committee on Appropriations and Revenue; amend KRS 154.32-070 to conform; create new sections of KRS Chapter 136 to allow the insurance innovator tax credit and to order the various tax credits allowable; amend KRS 131.190 to allow reporting on the tax credit data; repeal KRS 304.3-700 to 304.3-735, relating to insurance regulatory sandbox laws; provide that Sections 1 to 15 of Act may be cited as the Insurance and Related Innovation Sandbox Law.

  RECENT STATUS

3/1/2022 - Introduced

DOWN SYNDROME AND SPINA BIFIDA INFORMATION
(ADAMS, JULIE RAQUE)

AN ACT relating to Down syndrome and spina bifida information.

Amend KRS 211.192 to require annual documentation of the provision of information on Down syndrome and spina bifida to the Cabinet for Health and Family Services; condition payment or reimbursement for health care services upon documentation.

  RECENT STATUS

1/8/2022 - (S) Referred to Committee Senate Health & Welfare (S)

1/5/2022 - Introduced

LEGISLATIVE OVERSIGHT OF HEALTH, WELFARE, AND FAMILY SERVICES ISSUES
(MEREDITH, STEPHEN)

AN ACT relating to legislative oversight of health, welfare, and family services issues.

Amend KRS 21A.190, 157.065, 194A.030, 194A.365, 199.665, 199.8943, 199.8983, 211.684, 605.120, 620.055, 620.320, and 620.345 to remove reference to the Child Welfare Oversight and Advisory Committee; amend KRS 200.575 to remove reference to the Child Welfare Oversight and Advisory Committee and replace it with Legislative Research Commission; repeal KRS 6.940, relating to the Medicaid Oversight and Advisory Committee and KRS 6.943, relating to the Child Welfare Oversight and Advisory Committee; EFFECTIVE January 1, 2023.

  RECENT STATUS

3/25/2022 - (H) Referred to Committee House State Government (H)

3/25/2022 - (H) Returned to Committee House Committee on Committees (H)

3/25/2022 - (H) FIRST READING

DECEPTIVE LAWSUIT ADVERTISING
(ALVARADO, RALPH)

AN ACT relating to deceptive lawsuit advertising and solicitation practices.

Creates new sections of KRS Chapter 367 to regulate advertising for legal services.

  RECENT STATUS

1/10/2022 - (S) Referred to Committee Senate Economic Development, Tourism, & Labor (S)

1/6/2022 - Introduced

PHARMACY BENEFIT CLAIM VERIFICATION
(ALVARADO, RALPH)

AN ACT relating to pharmacy benefit claim verification and declaring an emergency.

Create a new section of KRS Chapter 18A to require the secretary of the Finance and Administration Cabinet to contract with an independent entity to monitor all Public Employee Health Insurance Program pharmacy benefit claims; establish eligibility requirements for an entity seeking to contract with the cabinet to monitor pharmacy benefit claims; establish requirements for analyzing and monitoring claims; create a new section of KRS Chapter 205 to define terms; require the Department for Medicaid Services to contract with an independent entity to monitor all Medicaid pharmacy benefit claims; establish eligibility requirements for an entity seeking to contract with the department to monitor pharmacy benefit claims; establish requirements for analyzing and monitoring claims; EMERGENCY.

  RECENT STATUS

3/29/2022 - floor amendments (1) and (2) filed to Committee Substitute , floor amendment (3-title) filed to bill

3/25/2022 - (H) SECOND READING, to Rules

3/24/2022 - (H) FIRST READING

MEDICAID REIMBURSMENTS FOR DENTAL SERVICES
(ALVARADO, RALPH; Carroll, Danny)

AN ACT relating to Medicaid reimbursements for dental services.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services to adopt a minimum fee schedule for covered dental services and require that managed care organizations reimburse eligible dental service providers in an amount at least equal to the fee-for-service rate for the same covered service; require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization for a waiver if necessary.

  RECENT STATUS

2/10/2022 - (S) recommitted to committee Senate Appropriations & Revenue (S)

2/10/2022 - (S) SECOND READING, to Rules

2/9/2022 - (S) FIRST READING

NEWBORN AND INFANT SCREENINGS
(WISE, MAX; Alvarado, Ralph)

AN ACT relating to newborn and infant screenings.

Amend KRS 214.155 to include cytomegalovirus (CMV) testing as part of the newborn screening program; create a new section of KRS Chapter 214 to require the Department for Public Health in the Cabinet for Health and Family Services to provide public educational resources related to CMV; provide that the Act may be cited as the Bella Dawn Streeval Law. Senate Committee Substitute (1) Delete original provisions; create new sections of KRS Chapter 214 to define terms; require cytomegalovirus testing if a newborn fails the initial two auditory hearing screenings with the option for parents or guardians to opt out; require physicians or health facilities to provide information relating to cytomegalovirus to pregnant women or women who may become pregnant; allow physicians or health facilities to use the materials developed by the Department for Public Health; provide that the Act may be cited as the Bella Dawn Streeval Law.

  RECENT STATUS

4/7/2022 - SIGNED BY GOVERNOR; (Acts Ch. 85)

3/30/2022 - delivered to Governor

3/30/2022 - Enrolled, Signed by Speaker of the House

EMERGENCY INSULIN PROGRAMS
(WHEELER, PHILLIP; Turner, Johnnie; Girdler, Rick; Nemes, Michael J.)

AN ACT relating to the establishment of emergency insulin programs and declaring an emergency.

Create various new sections of KRS Chapter 211 to define terms; establish the Urgent-Need Insulin Program and the Continuing Access to Insulin Program; establish eligibility guidelines; establish the application process; establish the process by which insulin is dispensed to eligible individuals; establish the responsibilities of insulin manufacturers; establish the responsibilities of the Cabinet for Health and Family Services for administering the program; require manufacturers to annually report certain information to the cabinet; require the cabinet to report certain information to the General Assembly upon request; establish penalties; EMERGENCY.

  RECENT STATUS

1/31/2022 - (S) Referred to Committee Senate Health & Welfare (S)

1/27/2022 - Introduced

PRESCRIPTION DRUGS
(MEREDITH, STEPHEN; Alvarado, Ralph; Carroll, Danny)

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; create a new section of Subtitle 17C of KRS Chapter 304 to apply the cost-sharing and rebate requirements for prescription drugs to limited health service benefit plans and limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 and amend KRS 18A.225 and 164.2871 to require 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 to comply with the cost-sharing and rebate requirements for prescription drugs; apply to health plans issued or renewed on or after the effective date of the Act; EFFECTIVE January 1, 2023.

  RECENT STATUS

2/7/2022 - (S) Referred to Committee Senate Banking & Insurance (S)

2/2/2022 - Introduced

STEP THERAPY PROTOCOLS
(WISE, MAX; Carroll, Danny)

AN ACT relating to step therapy protocols.

Amend KRS 304.17A-163 to define terms; establish requirements for clinical review criteria and clinical practice guidelines used to establish step therapy protocols; require certain notices and disclosures relating to step therapy protocols; establish requirements for exception requests, internal appeals, and external reviews of step therapy protocols; create a new section of Subtitle 17A of KRS Chapter 304 to require the commissioner of insurance to promulgate administrative regulations; require insurers, health plans, pharmacy benefit managers, or private review agents to submit an annual report relating to step therapy exception requests; amend KRS 304.17A-168, 304.17A-535, 304.17A-600, 304.17A-607, 304.17A-617, and 304.17A-623 to conform; amend KRS 205.522, 205.6485, 164.2871, and 18A.225 to require Medicaid, the Kentucky Children's Health Insurance Program, 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 step therapy protocol requirements; apply to health plans delivered, issued for delivery, or renewed on or after the effective date of Sections 1 to 12 of the Act; require the Cabinet for Health and Family Services to seek a federal waiver of authorization if necessary; EFFECTIVE, in part, January 1, 2023. Senate Committee Substitute (1) Retain original provisions except reword provision requiring clinical review criteria to be based on clinical practice guidelines; replace provision requiring a step therapy exception request to be granted based on the best interest of the insured; effective January 1, 2023.

  RECENT STATUS

3/17/2022 - SIGNED BY GOVERNOR; (Acts Ch. 19)

3/11/2022 - delivered to Governor

3/11/2022 - Enrolled, Signed by Speaker of the House

AMEND SECTION 54 OF THE CONSTITUTION OF KENTUCKY
(ALVARADO, RALPH; Meredith, Stephen; Carroll, Danny; Wise, Max)

AN ACT proposing an amendment to Section 54 of the Constitution of Kentucky.

Propose an amendment to Section 54 of the Constitution of Kentucky to allow the General Assembly the power to limit noneconomic damages for injuries resulting in death or for injuries to persons or property, and the power to provide statutes of limitation; provide for submission to the voters.

  RECENT STATUS

2/7/2022 - (S) Referred to Committee Senate State & Local Government (S)

2/3/2022 - Introduced

TAXATION OF OVER THE COUNTER DRUGS
(MCGARVEY, MORGAN)

AN ACT relating to the taxation of over-the-counter drugs.

Amend KRS 139.472 to exempt over-the-counter drugs from sales and use tax. EFFECTIVE August 1, 2022.

  RECENT STATUS

2/7/2022 - (S) Referred to Committee Senate Appropriations & Revenue (S)

2/3/2022 - Introduced

MEDICAID FOR SICKLE CELL DISEASE
(NEAL, GERALD A.; Adams, Julie Raque; Alvarado, Ralph; Berg, Karen; Thomas, Reginald)

AN ACT relating to Medicaid coverage for sickle cell disease.

Create a new Section of KRS Chapter 205 to require the Cabinet for Health and Family Services to conduct an annual review of all medications, services, and forms of treatment for enrollees with a diagnosis of sickle cell disease that are eligible for coverage under the state's medical assistance program; provide that the Act may be cited as Terrence's Law. Senate Floor Amendment (1) Retain original provisions; amend the short title.

  RECENT STATUS

4/8/2022 - SIGNED BY GOVERNOR; (Acts Ch. 96)

3/30/2022 - delivered to Governor

3/30/2022 - Enrolled, Signed by Speaker of the House

CONSUMER PROTECTIONS IN HEALTH INSURANCE
(BERG, KAREN; Thomas, Reginald)

AN ACT relating to consumer protections in health insurance.

Create new sections of Subtitle 17A of KRS Chapter 304 to limit premium rates for health benefit plans issued to an individual or small group; require that health benefit plan coverage continue to be available for adult children until age 26; require insurers to provide benefits for, and not impose cost-sharing requirements on, preventive services; amend KRS 304.17A-200 to prohibit eligibility rules in the individual market based on health status; make conforming amendments to KRS 304.17-030, 304.17-310, and 304.17A-0952; repeal KRS 304.17A-256, relating to options for dependent coverage under group health benefit plans.

  RECENT STATUS

3/3/2022 - (S) Referred to Committee Senate Banking & Insurance (S)

3/2/2022 - Introduced

POSTPARTUM MEDICAID COVERAGE
(MCGARVEY, MORGAN)

AN ACT relating to postpartum Medicaid coverage.

Amend KRS 205.592 to extend Medicaid eligibility for certain new mothers for up to 12 months postpartum; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek a federal waiver or other approval if they determine that such waiver or approval is necessary.

  RECENT STATUS

3/7/2022 - (S) Referred to Committee Senate Health & Welfare (S)

3/3/2022 - Introduced

HEALTHCARE CHARGES
(YATES, DAVID)

AN ACT relating to healthcare charges.

Amend KRS 216B.250 to require health facilities to provide an itemized statement of healthcare charges within a specified timeframe; establish standards for itemized statements of healthcare charges; require health facilities to post notice of the requirement to provide an itemized statement; require health facilities to establish policies and procedures for responding to questions concerning itemized statements; and require the Cabinet for Health and Family Services to promulgate administrative regulations.

  RECENT STATUS

3/7/2022 - (S) Referred to Committee Senate Health & Welfare (S)

3/3/2022 - Introduced