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


NABIP - Kentucky Legislative Report
Bill Information
INCOME TAXATION
(REED, BRANDON; Petrie, Jason; Bauman, Jared; Bowling, Adam; Bratcher, Kevin D.; Bratcher, Steve; Bray, Josh; Bridges, Randy; Dixon, Jonathan; Dossett, Myron; Elliott, Daniel; Fleming, Ken; Freeland, Chris; Fugate, Chris; Heath, Richard; Heavrin, Samara; Johnson, DJ; Koch, Matthew; Lawrence, William; Lewis, Scott ; Lewis, Derek; Lockett, Matt; Meredith, Michael; Osborne, David W.; Rudy, Steven; Thomas, Walker; Truett, Timmy; Williams, Wade)

AN ACT relating to income taxation.

Amend KRS 141.020 to reduce the individual income tax to 4.5% for taxable years beginning January 1, 2023, and to 4% for taxable years beginning January 1, 2024.

  RECENT STATUS

2/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 3)

2/9/2023 - delivered to Governor

2/9/2023 - Enrolled, Signed by President of the Senate

  NEWS STORIES

9/8/2023 - Kentucky failed to hit budget triggers for another tax cut. What will lawmakers do now?

3/7/2023 - No, the recent tax cut Beshear approved won’t lower your taxes right away. Here’s why

2/17/2023 - Kentucky Governor signs bill lowering individual income tax into law

2/17/2023 - Beshear signs GOP-sponsored income tax cut

2/17/2023 - Governor signs tax GOP-backed tax cut in Kentucky

2/13/2023 - Tax cuts, school choice and TikTok: Here's what's moving in Kentucky's legislature

2/9/2023 - GOP tax cut bill passes Kentucky Senate, heads to Gov. Andy Beshear's desk

2/9/2023 - Legislation further lowering Kentucky’s individual income tax sent to the governor’s desk

2/8/2023 - Kentucky Senate panel advances tax-cut measure

2/8/2023 - Senate committee passes KY income tax cut, plans to send to governor

2/8/2023 - KY General Assembly gives final approval to income tax reduction

2/8/2023 - Updated: Senate passes KY income tax cut over Democrats’ complaints, sends to governor

2/8/2023 - Kentucky Senate sends income tax cut bill to governor

2/8/2023 - Senate passes income tax bill, heads to governor

2/8/2023 - Lawmakers, educators discuss Kentucky's teacher shortage

1/23/2023 - Willner: Income tax cuts now will cost Kentuckians in sales tax and vital state services later

1/15/2023 - Kentucky's disappearing tax rate

1/12/2023 - What you need to know about the bill to cut Kentucky's income tax

1/11/2023 - Cannabis, sports betting, and income tax: What will the Kentucky legislature pass in the 2023 session

1/11/2023 - Kentucky is moving to lower its income tax rate. What is the rate in other states?

1/6/2023 - House moves to lower individual income taxes to 4% in 2024

1/6/2023 - Republicans cheer as House passes income tax cut to 4%. Democrats say it ‘harms Kentucky.’

1/5/2023 - Group urges backpedaling of state income tax cuts

1/5/2023 - Plan to cut income tax again advances out of Kentucky House

1/4/2023 - A breakdown of state income tax cuts and why the parties disagree

1/3/2023 - The 2023 Kentucky General Assembly has started. Here’s what lawmakers are prioritizing

1/3/2023 - Social service advocates are seeking a stop to further income tax reductions

1/3/2023 - Marijuana and lower taxes: Kentucky legislature kicks off 2023 session

ALL-PAYER CLAIMS DATABASE
(STEVENSON, CHERLYNN; Roberts, Rachel; Raymond, Josie)

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

Create a new section of KRS Chapter 194A to require the executive director of the Office of Data Analytics to establish an advisory committee to make recommendations regarding the creation and implementation of a Kentucky all-payer claims database; establish the Kentucky all-payer claims database fund; require the executive director to establish the database if certain conditions are met; set forth requirements for the database; amend KRS 194A.101 to conform; amend KRS 304.2-100 to require the commissioner of the Department of Insurance to assist in carrying out database; create a new section of Subtitle 99 of KRS Chapter 304 to require the commissioner to promulgate administrative regulations designating the assessment of a fine for persons that do not comply with reporting requirements; establish short title; permit the executive director to make an application for a grant under 42 U.S.C. sec. 247d-11; APPROPRIATION.

  RECENT STATUS

1/3/2023 - Introduced

PASS-THROUGH ENTITY TAX
(FLEMING, KEN)

AN ACT relating to pass-through entity tax.

Create a new section of KRS Chapter 141 to allow a pass-through entity to pay the income tax due at the entity level based on tax rate established in KRS 141.020; amend KRS 141.019 to allow the applicable partners, members, or shareholders to exclude the income from the pass-through entity to avoid double taxation.

  RECENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

1/3/2023 - Introduced

ECONOMIC FISCAL MATTERS
(FLEMING, KEN)

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

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

1/3/2023 - Introduced

PATIENT MEDICAL RECORDS
(MOSER, KIMBERLY POORE)

AN ACT relating to patient medical records.

Amend KRS 422.317 to establish standards and procedures for access to copies of patient medical records.

  RECENT STATUS

2/10/2023 - (H) Referred to Committee House Health Services (H)

1/3/2023 - Introduced

HEALTH MANDATES IN EDUCATIONAL SETTINGS
(CALLOWAY, JOSH; Hodgson, John; Rawlings, Steve)

AN ACT relating to health mandates in educational settings and declaring an emergency.

Create a new section of KRS Chapter 158 to require that a parent or guardian be permitted to opt a student of any public school requirement for medical devices and procedures, and treatments; provide that the parent or guardian shall not be required to submit any documentation or certification to opt out; provide that nothing in the section shall be interpreted to contradict KRS 158.035; create a new section of KRS Chapter164 to provide that postsecondary education institutions may not require individuals to use medical devices or submit to medical procedures and treatments in response to the COVID-19 pandemic on property not used for the delivery of medical services; provide that a postsecondary education institution may implement a requirement for facial coverings that is not responsive to the COVID-19 pandemic; EMERGENCY.

  RECENT STATUS

1/4/2023 - Introduced

PUBLIC HEALTH
(RAYMER, REBECCA; Moser, Kimberly Poore; Aull, Chad; Bentley, Danny; Duvall, Robert; Lewis, Scott ; Lewis, Derek; Palumbo, Ruth Ann; Stalker, Sarah)

AN ACT relating to public health.

Create a new section of KRS Chapter 211 to require the Department for Public Health to incorporate specific information on Alzheimer's disease and other dementias into already existing materials, publish the information on its website, and distribute the information to local health departments. House Committee Substitute (1) Retain original provisions, except replace the Department for Public Health with the Department for Aging and Independent Living and require the Department for Aging and Independent Living to collaborate with both the Department for Public Health and the Alzheimer's Association.

  RECENT STATUS

4/7/2023 - SIGNED BY GOVERNOR; (Acts Ch. 187)

3/30/2023 - delivered to Governor

3/30/2023 - Enrolled, Signed by President of the Senate

FREESTANDING BIRTHING CENTERS
(NEMES, JASON; Bratcher, Kevin D.; Bratcher, Steve; Chester-Burton, Beverly; Fister, Daniel; Grossberg, Daniel; Heath, Richard; Hodgson, John; Kulkarni, Nima; Lockett, Matt; Massaroni, Candy; Palumbo, Ruth Ann; Proctor, Marianne; Rawlings, Steve; Webber, Russell; Willner, Lisa)

AN ACT relating to freestanding birthing centers.

Create a new section of KRS Chapter 216B to define "freestanding birthing center"; require the Cabinet for Health and Family Services to promulgate updated administrative regulations to establish licensure standards for freestanding birthing centers, including requiring accreditation by the Commission for the Accreditation of Birth Centers, compliance with the American Association of Birth Centers (AABC) Standards for Birth Centers, and consistent plans for transfer and safe transport to a hospital as needed; exempt a center from certificate-of-need requirements for establishing and licensing a freestanding birthing center; limit liability of center; amend KRS 216B.020, 196.173, 211.647, 211.660, 213.046, 216.2920, and 216.2970 to conform; provide that the Act may be cited as the Mary Carol Akers Birth Centers Act.

  RECENT STATUS

3/16/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

3/7/2023 - floor amendment (2) filed

2/23/2023 - floor amendment (1) filed

PRIOR AUTHORIZATION
(MOSER, KIMBERLY POORE; Aull, Chad; Kulkarni, Nima; Raymond, Josie; Stalker, Sarah; Stevenson, Cherlynn; Stevenson, Pamela; Williams, Wade)

AN ACT relating to prior authorization.

Create new sections of KRS 304.17A-600 to 304.17A-633 to establish eligibility criteria and requirements for prior authorization exemptions; establish requirements for rescinding prior authorization exemptions; set forth requirements for external reviews of prior authorization exemption denials and rescissions; establish requirements for sending forms and notices to health care providers; 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-607 to establish requirements for prior authorizations; provide that a lack of prior authorization shall not alone be a basis for a retrospective review; amend KRS 304.17A-621 to conform; amend KRS 304.17A-627 to prohibit conflicts of interest with independent review entities and reviewers of prior authorization exemption denials and rescissions; require independent review entities and reviewers of prior authorization exemption denials and rescissions to submit an annual report to the Department of Insurance; amend KRS 304.17A-633 to require the commissioner of the Department of Insurance to report on external reviews of prior authorization exemptions denials and rescissions; amend KRS 304.17A-706 to prohibit contesting a clean claim by conducting a retrospective review based on a lack of prior authorization; 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 it is determined that such approval is necessary; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/24/2023 - (H) recommitted to committee House Banking & Insurance (H)

2/24/2023 - (H) SECOND READING, to Rules

2/23/2023 - (H) FIRST READING

ESTABLISHMENT OF EMERGENCY INSULIN PROGRAMS
(BENTLEY, DANNY; Willner, Lisa; Aull, Chad; Bowling, Adam; Callaway, Emily; Duvall, Robert; Elliott, Daniel; Fleming, Ken; Freeland, Chris; Grossberg, Daniel; Hale, David; Justice, Jacob; Koch, Matthew; Lewis, Scott ; Lewis, Derek; McPherson, Shawn; Neighbors, Amy; Palumbo, Ruth Ann; Pollock, Michael Sarge; Riley, Steve; Stevenson, Cherlynn; Stevenson, Pamela; Thomas, Walker; Wesley, Bill; Williams, Wade)

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

1/6/2023 - Introduced

ASSIGNMENT OF BENEFITS FOR DENTAL SERVICES
(LEWIS, DEREK; Duvall, Robert; Lewis, Scott ; Lewis, Derek; Lockett, Matt; Pollock, Michael Sarge; Reed, Brandon; Webber, Russell)

AN ACT relating to assignment of benefits for dental services.

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

  RECENT STATUS

3/16/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

3/16/2023 - (H) Posted for Passage in Regular Orders of the Day; w/ HFA 1 and HFA 2

3/15/2023 - (H) Posted for Passage in Regular Orders of the Day; w/ HFA 1 and HFA 2

COVERAGE FOR MEDICAL SERVICES
(FLANNERY, PATRICK; Nemes, Jason; Fister, Daniel; Justice, Jacob; McPherson, Shawn; Moser, Kimberly Poore; Neighbors, Amy; Pollock, Michael Sarge; Sharp, Scott)

AN ACT relating to coverage for medical services.

Create new sections of Subtitle 17A of KRS Chapter 304 to require health insurance coverage for oocyte and sperm preservation services and medical services related to testicular and 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 and other urological cancers; amend KRS 18A.225 and 164.2871 to require the state employee health plan and state postsecondary education institutions to comply with coverage requirements for oocyte and sperm preservation services and medical services related to testicular and other urological cancers; EFFECTIVE January 1, 2024. House Committee Substitute (1) Retain original provisions, except apply requirements for medical services related to testicular and other urological cancers to health insurance certificates and contracts; amend the effective date to January 1, 2025.

  RECENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 30)

3/16/2023 - delivered to Governor

3/16/2023 - Enrolled, Signed by President of the Senate

BIOMARKER TESTING
(MOSER, KIMBERLY POORE; Aull, Chad; Bentley, Danny; Dietz, Stephanie; Duvall, Robert; Elliott, Daniel; Flannery, Patrick; Johnson, DJ; Neighbors, Amy; Stevenson, Cherlynn; Stevenson, Pamela; Truett, Timmy)

AN ACT relating to coverage for biomarker testing.

Create a new section of Subtitle 17A of KRS Chapter 304 to establish biomarker testing coverage requirements for health benefit plans; amend KRS 205.522 to require Medicaid to comply with the biomarker testing coverage requirements; direct that provisions apply to health benefit plans issued or renewed on or after January 1, 2024; EFFECTIVE January 1, 2024.

  RECENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 77)

3/13/2023 - delivered to Governor

3/13/2023 - Enrolled, Signed by President of the Senate

AIR AMBULANCE MEMBERSHIPS
(FRAZIER GORDON, DEANNA)

AN ACT relating to air ambulance memberships.

Create new sections of KRS Chapter 367 to define terms; prohibit the sale of air ambulance membership agreements to individuals enrolled in the state's Medical Assistance Program; establish penalties.

  RECENT STATUS

2/7/2023 - Introduced

CRITICAL ACCESS CARE PHARMACY PROGRAM
(BENTLEY, DANNY; Bowling, Adam; Callaway, Emily; Duvall, Robert; Elliott, Daniel; Fleming, Ken; Freeland, Chris; Justice, Jacob; Lewis, Scott ; Lewis, Derek; McPherson, Shawn; Pollock, Michael Sarge; Riley, Steve; Thomas, Walker; Wesley, Bill; Williams, Wade)

AN ACT relating to the Critical Access Care Pharmacy Program.

Create a new section of KRS Chapter 205 to require the Department for Medicaid Services to establish a Critical Access Care Pharmacy Program to ensure their sustainability as funds are available; define terms; set formula for calculating payments; permit the department to promulgate administrative regulations to implement the program; prohibit the influence of any critical access care pharmacy program payments on any other payments received for pharmacy services.

  RECENT STATUS

2/7/2023 - Introduced

COVERAGE OF MENTAL HEALTH WELLNESS EXAMINATIONS
(ROBERTS, RACHEL; Raymond, Josie)

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, comply with the Mental Health Parity and Addiction Equity Act of 2008, and not to be subject to any cost-sharing requirements; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require self-insured employer group health plans provided by the governing board of a state postsecondary education institution, Medicaid, the Kentucky Children's Health Insurance Program, and the state employee health plan to comply with the mental health coverage requirement; create a new section of Subtitle 17C to KRS Chapter 304 to apply the mental health wellness examination requirement to limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to conform; direct that provisions apply to health plans issued or renewed on or after the effective date of the section; 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, 2024.

  RECENT STATUS

2/7/2023 - Introduced

IMMUNITY FROM CRIMINAL LIABILITY FOR HEALTHCARE PROVIDERS
(NEMES, JASON; Williams, Wade)

AN ACT relating to immunity from criminal liability for health care providers.

Create a new section of KRS Chapter 311 to define "health care provider" and "health services"; establish that health care providers are immune from criminal liability for harm arising from a health services-related act or omission other than gross negligence or wanton, willful, malicious, or intentional misconduct.

  RECENT STATUS

2/10/2023 - Introduced

COVERAGE FOR GUARDIAN DEPRESSION SCREENINGS
(WILLNER, LISA; Raymond, Josie)

AN ACT relating to coverage for parental and guardian depression screenings.

Create a new section of KRS Chapter 205 to allow parental depression screenings to be claimed as a service for the child as part of the Early and Periodic, Diagnostic and Treatment benefit; amend KRS 205.6497 to require the Kentucky Children's Insurance Program to cover parental depression screenings; create a new section of Subtitle 17A of KRS Chapter 304 to require a health plan to cover parental depression screenings as part of a well-child or well-baby visit; amend KRS 164.2871 to require self-insured employer group health plans offered by a state postsecondary education institution to cover parental depression screenings; amend KRS 18A.225 to require the state employee health plan to cover parental depression screenings; require the Cabinet for Health and Family Services or the Department for Medicaid Services to request federal authorization for a waiver if necessary; certain sections EFFECTIVE January 1, 2024.

  RECENT STATUS

2/14/2023 - Introduced

MEDICAID COVERAGE FOR LACTATION SUPPORT SERVICES
(BOJANOWSKI, TINA; Raymond, Josie)

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

Create a new section of KRS Chapter 205 to define terms; require the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services to provide coverage for lactation counseling, lactation consultation, and breastfeeding equipment; 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

2/14/2023 - Introduced

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

AN ACT relating to Medicaid coverage for doula services.

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

  RECENT STATUS

2/14/2023 - Introduced

REPRODUCTIVE HEALTH CARE
(KULKARNI, NIMA; Chester-Burton, Beverly; Raymond, Josie; Willner, Lisa)

AN ACT relating to reproductive health care.

Amend KRS 205.592 to expand Medicaid eligibility to include pregnant women and new mothers up to 12 months postpartum regardless of citizenship or national origin; create a new section of KRS Chapter 205 to define terms; direct the Cabinet for Health and Family Services to establish a family planning program to provide family planning services and family planning-related services to Medicaid-eligible individuals, including individuals who would otherwise be eligible for Medicaid except for their citizenship or national origin; require the Department for Medicaid Services to promulgate administrative regulations and collaborate with multiple divisions, agencies, and other parties to facilitate participation in the family planning program; require a waiver to be requested if it is determined a waiver is needed.

  RECENT STATUS

2/14/2023 - Introduced

CONTRACEPTIVE COVERAGE
(RAYMOND, JOSIE; Willner, Lisa)

AN ACT relating to contraceptive coverage.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for contraception; amend KRS 164.2871, 205.522, 205.6485, and18A.225 to require self-insured employer group health plans provided by the governing board of a state postsecondary institution to its employees, Medicaid, the Kentucky Children's Health Insurance Program, and the state employee health plan to comply with the new section on contraceptive coverage; amend KRS 446.350 to provide that nothing in the new section on contraceptive coverage shall be construed to violate section; direct that provisions apply to health benefit plans issued or renewed on or after January 1, 2024; EFFECTIVE January 1, 2024.

  RECENT STATUS

2/14/2023 - Introduced

REPRODUCTIVE HEALTH SERVICES
(RAYMOND, JOSIE; Willner, Lisa)

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; 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 205.522, 205.6485,164.2871, and 18A.225 to require Medicaid, the Kentucky Children's Health Insurance Program, state postsecondary self-insured employer group plans, and 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 federal approval if they determine that such approval is necessary; direct that certain provisions apply to health benefit plans issued or renewed on or after January, 1, 2024; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/14/2023 - Introduced

MEDICAID COVERAGE FOR POSTPARTUM BEHAVIORAL HEALTHCARE
(ROARX, RACHEL; Aull, Chad; Grossberg, Daniel; Raymond, Josie)

AN ACT relating to Medicaid coverage for postpartum behavioral healthcare.

Amend KRS 205.592 to extend Medicaid coverage for pregnant women from twelve months to twenty-four months; and extend coverage to both parents; require state agencies to request federal authorization if necessary.

  RECENT STATUS

2/14/2023 - Introduced

COVERAGE FOR TREATMENT OF 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, 205.522, 205.6485, and 18A.225 to require a self-insured employer group health plan provided by a state postsecondary education institution to its employees, Medicaid, and Kentucky Children's Health Insurance Program to comply with the new section on postpartum mood disorder coverage; direct that provisions apply to health benefit plans issued on or after the effective date of the section; EFFECTIVE January 1, 2024.

  RECENT STATUS

2/14/2023 - 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 define terms; require health benefit plans to provide coverage for counseling interventions for pregnant and postpartum persons at increased risk of perinatal depression, including persons who have suffered a miscarriage or stillbirth; amend KRS 164.2871, 205.522, 205.6485, and 18A.225 to require self-insured employer plans provided by the governing board of a state postsecondary education institution, Medicaid, the Kentucky Children's Health Insurance Program, and the state employee health plan to comply with the coverage requirement for counseling interventions; direct that certain provisions apply to health benefit plans issued or renewed on or after January 1, 2024; 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, 2024.

  RECENT STATUS

2/14/2023 - Introduced

SALES AND USE TAX EXEMPTIONS
(ROBERTS, RACHEL; Raymond, Josie)

AN ACT relating to sales and use tax exemptions.

Amend KRS 139.010 to define "breast pump," "breast pump collection and storage supplies," "breast pump kit," "clothing," "diaper," and "feminine hygiene products"; amend KRS 139.480 to exempt from sales and use tax the sale or purchase of baby bottles, baby wipes, breast pumps, breast pump collection and storage supplies, breast pump kits, diapers, and feminine hygiene products; apply to sales or purchases made on or after July 1, 2023, but before July 1, 2027; require the Department of Revenue to report annually to the Interim Joint Committee on Appropriations and Revenue the total exemptions claimed for the previous fiscal year on September 1; amend KRS 131.190 to allow the Department of Revenue to report to the Legislative Research Commission; EFFECTIVE July 1, 2023.

  RECENT STATUS

2/23/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

2/14/2023 - Introduced

COVERAGE FOR HEALTH CARE
(STALKER, SARAH; Moser, Kimberly Poore; Aull, Chad; Bratcher, Kevin D.; Bratcher, Steve; Burke, Lindsey; Grossberg, Daniel; Hodgson, John; Massaroni, Candy; Raymond, Josie)

AN ACT relating to coverage for health care.

Create a new section of Subtitle 17A of KRS Chapter 304 to require insurers and any exchange to provide a special enrollment period for pregnant individuals; specify requirements for the coverage; require group plan insurers to provide notice of special enrollment rights; amend KRS 304.17A-145 to require health benefit plans that provide coverage for dependents to provide coverage for maternity care; amend KRS 304.17A-220 and 194A.099 to conform with special enrollment requirement; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured state postsecondary education institution group health plans to comply with the special enrollment and maternity coverage requirements; amend KRS 205.592 to allow Medicaid income limit for certain women and children to be increased under certain circumstances; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

3/16/2023 - (H) recommitted to committee House Appropriations & Revenue (H)

3/15/2023 - (H) Reported Favorably, to Rules

3/15/2023 - House Banking & Insurance (H), (Bill Scheduled for Hearing)

COVERAGE FOR HEPATITIS C INFECTION
(STEVENSON, CHERLYNN; Raymond, Josie)

AN ACT relating to coverage for hepatitis C virus infection.

Create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for the testing of hepatitis C virus infection in pregnant women and the treatment of hepatitis C virus infection in postpartum women; amend KRS 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 for pregnant and postpartum women; 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, 2024.

  RECENT STATUS

2/14/2023 - Introduced

ADULT-SIZE CHANGING TABLES
(NEMES, JASON; Gentry, Alan; Bojanowski, Tina; Heavrin, Samara; Raymond, Josie; Roarx, Rachel)

AN ACT relating to adult-size changing tables.

Create a new section of KRS 198B.010 to 198B.290 to define terms and require the Department of Housing, Buildings and Construction to promulgate administrative regulations to require certain public buildings, structures, and facilities constructed on or after January 1, 2025, to contain and provide access to at least one powered, height-adjustable, adult-size changing table; provide that the Act may be cited as Trayton's Bill.

  RECENT STATUS

2/15/2023 - Introduced

BIOSIMILAR MEDICINES
(MOSER, KIMBERLY POORE)

AN ACT relating to biosimilar medicines.

Amend KRS 304.17A-163 to permit insurers to require insureds to try biosimilar biological products prior to providing coverage for the equivalent branded prescription drug under certain circumstances; amend KRS 217.814 to define biosimilar biological product; amend KRS 217.822 to require dispensing of biosimilar biological products under certain circumstances.

  RECENT STATUS

2/16/2023 - Introduced

TREATMENT OF SEXUALLY TRANSMITTED DISEASES
(BENTLEY, DANNY; Bojanowski, Tina; Raymond, Josie; Willner, Lisa)

AN ACT relating to the treatment of sexually transmitted diseases.

Amend KRS 214.430 to permit expedited partner therapy for sexually transmitted infections including but not limited to trichomoniasis, gonorrhea, or chlamydia infection; amend KRS 311.990 to remove the penalty of a Class D felony for a person who donates organs, skin, or other human tissue while being positive for the human immunodeficiency virus; create a new section of KRS Chapter 214 to provide that nothing in KRS 214.181, 214.265, or 214.995 shall be construed to prohibit a person from obtaining or performing a self-test to detect human immunodeficiency virus infection; amend KRS 367.175 to allow for the sale, delivery, holding, or offering for sale of human immunodeficiency virus self-testing kits.

  RECENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 150)

3/30/2023 - delivered to Governor

3/30/2023 - Enrolled, Signed by President of the Senate

PATIENT ACCESS TO PHARMACY BENEFITS
(BENTLEY, DANNY; Reed, Brandon)

AN ACT relating to patient access to pharmacy benefits.

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 a new section of Subtitle 17A of KRS Chapter 304 to establish prohibited practices for pharmacy benefit managers; create new sections of Subtitles 17C and 38A of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts, and limited health service organizations; establish when legislation applies to health plans and contracts; provide that provisions of this Act shall be severable; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/23/2023 - (H) Referred to Committee House Banking & Insurance (H)

2/16/2023 - Introduced

COVERAGE FOR CARE OF CHILDREN
(STEVENSON, PAMELA; Chester-Burton, Beverly; Raymond, Josie)

AN ACT relating to coverage for the care of children.

Amend KRS 304.17A-258 to require health benefit plans to provide coverage for certain formulas; create a new section of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for breastfeeding support and equipment; 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 coverage requirements for formulas and breastfeeding support and equipment; amend KRS 205.560 to conform; 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, 2024.

  RECENT STATUS

2/21/2023 - Introduced

COVERAGE FOR BREAST EXAMINATIONS
(WILLNER, LISA; Moser, Kimberly Poore; Stalker, Sarah)

AN ACT relating to coverage for breast examinations.

Amend KRS 304.17-316 to define terms; make technical corrections; prohibit cost-sharing requirements for any covered diagnostic breast examination or supplemental breast examination; provide for additional coverage if required under federal law; provide exemption to Health Savings Account-qualified High Deductible Health Plans under certain circumstances; amend KRS 304.17A-096, 304.17A-133, 304.18-098, 304.32-1591, and 304.38-1935 to conform; amend KRS 18A.225 and 164.2871 to require the state employee health plan and self-insured employer group health plans provided by the governing board of a state postsecondary education institution to comply with breast examination coverage requirements; EFFECTIVE January 1, 2024.

  RECENT STATUS

2/21/2023 - Introduced

COVERAGE FOR CANCER DETECTION
(FRAZIER GORDON, DEANNA)

AN ACT relating to coverage for cancer detection.

Create a new section of Subtitle 17A of KRS Chapter 304 to require coverage for screenings, tests, and procedures performed for the purpose of detecting cancer that occur prior to diagnosis; create new sections of Subtitles 17C and 38A of KRS Chapter 304 and amend KRS 205.522, 164.2871, and 18A.225 to require limited health service benefit plans, limited health service organizations, Medicaid, self-insured employer group health plans provided by the governing board of a state postsecondary education institution, and the state employee health plan to comply with the cancer coverage requirement; provide when various sections apply to health insurance policies, certificates, plans, or contracts; require the Department of Insurance and the Cabinet for Health and Family Services to obtain federal waivers under certain circumstances; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

3/2/2023 - (H) Referred to Committee House Banking & Insurance (H)

2/22/2023 - Introduced

COVERAGE FOR CRANIAL CONDITIONS
(MOSER, KIMBERLY POORE)

AN ACT relating to coverage for cranial conditions.

Create new sections of Subtitle 17A of KRS Chapter 304 to require health benefit plans to provide coverage for the treatment of plagiocephaly; prohibit certain restrictions on coverage for the treatment of plagiocephaly; require health benefit plans to provide coverage for cranial banding when prescribed by a health care provider; prohibit certain restrictions on coverage for cranial banding; amend KRS 205.522, 205.6485, 164.2871, and 18A.225 to require Medicaid, KCHIP, self-insured employer plans offered by state postsecondary education institutions, and the state employee health plan to comply with the coverage requirements for the treatment of plagiocephaly and cranial banding; apply provisions to health benefit plans issued or renewed on or after January 1, 2024; require the Cabinet for Health and Family Services to seek federal approval if necessary; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/22/2023 - Introduced

BEHAVIORAL HEALTH SERVICES
(MOSER, KIMBERLY POORE)

AN ACT relating to behavioral health services.

Create various new sections of KRS Chapter 210 to define terms, establish a Kentucky Youth Mobile Crisis Response Program within the Cabinet for Health and Family Services, set requirements for mobile crisis response teams, require the cabinet to develop protocols, issue a report to the Interim Joint Committee on Health and Family Services; and require the cabinet to promulgate administrative regulations; establish a Youth Behavioral Health Crisis Advisory Board; require behavioral health emergency services and mobile crisis team services to be funded by the state if the individual meets the definition of uninsured or if the service is not covered by the individual's health plan; require a health insurance policy or plan that provides benefits for mental health or substance abuse to provide coverage for behavioral health emergency services; amend KRS 205.522 to require that Medicaid cover behavioral health emergency services; amend KRS 205.6485 to require behavioral health emergency services to be covered by the Kentucky Children's Health Insurance Program; amend KRS 164.2871 to require coverage for behavioral health emergency services under the self-insured employer group health plan; amend KRS 18A.225 to require coverage for behavioral health emergency services under the state employee health insurance program; direct the Cabinet for Health and Family Services to apply for a waiver should it be necessary; EFFECTIVE; in part, January 1, 2024.

  RECENT STATUS

2/22/2023 - Introduced

PHYSICIAN WELLNESS PROGRAMS
(DOUGLAS, DONALD; Boswell, Gary; Carroll, Danny; Deneen, Matthew; Neal, Gerald A.)

AN ACT relating to physician wellness programs.

Create new sections of KRS Chapter 311 to define "physician wellness program" and "career fatigue"; establish protections for physicians who participate in a physician wellness program; and affirm physician obligation to report impaired physicians to the Kentucky Board of Medical Licensure.

  RECENT STATUS

3/17/2023 - SIGNED BY GOVERNOR; (Acts Ch. 14)

3/14/2023 - delivered to Governor

3/14/2023 - Enrolled, Signed by Speaker of the House

NONSUBSTANTIVE REVIEW OF CERTIFICATE OF NEED
(WILLIAMS, GEX; Tichenor, Lindsey)

AN ACT relating to nonsubstantive review of certificate of need.

Create a new section of KRS Chapter 216B allowing certain local governments to request nonsubstantive review for certificate of need for provision of services; mandate 30 days for approval; repeal KRS 216B.010, which sets forth the legislative findings and purpose of KRS Chapter 216 B.

  RECENT STATUS

1/5/2023 - (S) Referred to Committee Senate Health Services (S)

1/3/2023 - Introduced

MUSIC THERAPY
(NEAL, GERALD A.; Adams, Julie Raque; Thomas, Reginald)

AN ACT relating to music therapy and making an appropriation therefor.

Create new sections of KRS Chapter 309 to define terms; establish a licensing board for professional music therapists; prohibit any persons not licensed under this board from holding himself or herself out as a licensed professional music therapist; authorize the board to promulgate administrative regulations; authorize the board to issue a license to practice music therapy; establish the process for license renewal, suspension, and revocation; establish fees for licensure; establish fee limitations; authorize the board to implement disciplinary actions; require a licensed professional music therapist to collaborate with a client's physician or other professional involved in the treatment of the client; prohibit a licensed professional music therapist from replacing services provided by an audiologist or a speech-language pathologist; create the licensed music therapy practice board fund; and establish a fine for violations.

  RECENT STATUS

1/5/2023 - (S) Referred to Committee Senate Licensing & Occupations (S)

1/3/2023 - Introduced

HEALTH FACILITIES
(WILLIAMS, GEX)

AN ACT relating to the licensure of health facilities.

Repeal KRS 216B.010, which sets forth the legislative findings and purposes of KRS chapter 216B.

  RECENT STATUS

1/5/2023 - (S) Referred to Committee Senate Health Services (S)

1/3/2023 - Introduced

MEDICAID PROGRAM
(MEREDITH, STEPHEN; Carroll, Danny)

AN ACT relating to the Medicaid program.

Create a new section of KRS Chapter 205 to establish eligibility criteria for Medicaid managed care organizations and limit the number of managed care organizations contracted by the Department for Medicaid Services to no more than three; EFFECTIVE January 1, 2024. Senate Committee Substitute (1) Retain original provisions; make technical correction; EFFECTIVE January 1, 2024. Senate Floor Amendment (1) Delete provisions requiring that a managed care organization offer, or agree to offer, a qualifying health plan in order to be eligible to receive a Medicaid managed care contract; EFFECTIVE January 1, 2024.

  RECENT STATUS

3/10/2023 - (H) Referred to Committee House Appropriations & Revenue (H)

3/2/2023 - received in House

3/1/2023 - (S) THIRD READING, passed 36 -0 with Committee Substitute (1) and Floor Amendment (1)

ALL-PAYER CLAIMS DATABASE
(ALVARADO, RALPH)

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

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

  RECENT STATUS

2/7/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

1/4/2023 - Introduced

STATE EMPLOYEE HEALTH PLAN
(MEREDITH, STEPHEN)

AN ACT relating to the state employee health plan.

Amend KRS 18A.2258 to require the secretary of the Finance Cabinet to contract with an independent entity to monitor all Public Employee Health Insurance health care service benefit claims; allow the contract to include pharmacy benefits claims monitoring if used in lieu of the contract to monitor pharmacy benefit claims; exclude health care benefits for Medicare eligible retirees from the purview of the monitoring entity. Senate Committee Substitute (1) Retain original provisions, except amend KRS 18A.2258 to require that by December 31, 2023, the secretary of the Finance Cabinet contract with an additional independent entity to monitor all Public Employee Health Insurance health care service benefit claims; remove the provision allowing for a combined contract for monitoring pharmacy benefit and health care service claims; require the first quarterly report monitoring health care service benefit claims be submitted to the Legislative Research Commission by April 30, 2024.

  RECENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 48)

3/16/2023 - delivered to Governor

3/16/2023 - Enrolled, Signed by Speaker of the House

MEDICINAL CANNABIS
(WEST, STEPHEN; Wheeler, Phillip; Armstrong, Cassie Chambers ; Berg, Karen; Higdon, Jimmy; Meredith, Stephen; Neal, Gerald A.; Nemes, Michael J.; Smith, Brandon; Thomas, Reginald; Webb, Robin L.; Yates, David)

AN ACT relating to medicinal cannabis.

Create new sections of KRS Chapter 218A to define terms and establish a medicinal cannabis program; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department of Alcoholic Beverage and Cannabis Control; amend KRS 218A.010, 218A.1421, 218A.1422, 218A.1423, and 218A.500 to conform; amend KRS 12.020, 12.252, 15.300, 15.380, 15.398, 15.420, 15A.340, 61.592, 62.160, 131.1815, 211.285, 241.010, 241.015, 241.030, 243.025, 243.0307, 243.038, 243.090, 243.360, 438.310, 438.311, 438.313, 438.315, 438.317, 438.320, 438.325, 438.330, 438.337, and 438.340 to change the name of the Department of Alcoholic Beverage Control to the Department of Alcoholic Beverage and Cannabis Control; some sections EFFECTIVE July 1, 2024. Senate Committee Substitute (1) Retain original provisions; delete references and provisions related to the Department for Alcoholic Beverage Control; establish the Cabinet for Health and Family Services as the entity responsible for implementing, administering, and overseeing the medicinal cannabis program; delete provisions related to pharmacists; establish list of qualifying medical conditions; require visiting qualified patients to provide documentation of having been diagnosed with a qualifying medical condition; revise the makeup of the Board of Physicians and Advisors; require Senate confirmation of members of the Board of Physicians and Advisors; establish cause of action for a registered qualified patient who is injured or defrauded by his or her designated caregiver; delete provisions related to landlords and rental agreements; require administrative regulations promulgated by state licensing boards and the Cabinet for Health and Family Services to be promulgated by July 1, 2024 instead of January 1, 2024; establish provisions to require the approval of a designated caregiver who has been appointed as a guardian, limited guardian, conservator, or limited conservator; require a qualified patient under the age of 18 to receive a confirmatory diagnosis from a practitioner other than the medicinal cannabis practitioner who provided the patient with a written certification for the use of medicinal cannabis; permit the Cabinet for Health and Family Services to retain application and licensure fees for administrative purposes; require the Cabinet for Health and Family Services to notify local governments of approved cannabis licenses for cannabis businesses that would be located inside the local governments jurisdiction; delete provisions related to a competitive application process for cannabis business licenses; delete provisions requiring the development of an electronic system for monitoring the medicinal cannabis program; establish provisions to permit the Kentucky Center for Cannabis to approve additional qualifying medical conditions; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on marijuana; amend KRS 139.480 to exempt medicinal cannabis from the state sales tax; amend KRS 218A.202 to permit the use of the electronic monitoring system for controlled substances for monitoring the medicinal cannabis program; some sections EFFECTIVE January 1, 2025. Senate Floor Amendment (1) Permit employers to conduct assessments of impairment of an employee who is a cardholder from the use of medicinal cannabis; portions to begin January 1, 2025.

  RECENT STATUS

3/31/2023 - SIGNED BY GOVERNOR; (Acts Ch. 146)

3/30/2023 - delivered to Governor

3/30/2023 - Enrolled, Signed by Speaker of the House

  NEWS STORIES

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3/30/2023 - Kentucky governor to sign medical marijuana into law after legislature OKs legalization

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3/14/2023 - Kentucky Senate committee passes medicinal cannabis bill

3/10/2023 - Kentucky medical marijuana bill is still alive. It's receiving a first-ever Senate hearing

3/2/2023 - No smoking: What to know about the medical marijuana law passed by Kentucky's legislature

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PRESCRIPTION DRUGS
(MEREDITH, STEPHEN; Tichenor, Lindsey)

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 provisions to health plans issued or renewed on or after January 1, 2024; EFFECTIVE January 1, 2024.

  RECENT STATUS

2/9/2023 - (S) Referred to Committee Senate Banking & Insurance (S)

2/7/2023 - Introduced

PRESCRIPTIVE AUTHORITY
(ADAMS, JULIE RAQUE; Berg, Karen; Thomas, Reginald; Yates, David)

AN ACT relating to prescriptive authority.

Amend KRS 314.042 to establish requirements related to "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Nonscheduled Legend Drugs" (CAPA-NS) and "Collaborative Agreement for the Advanced Practice Registered Nurse's Prescriptive Authority for Controlled Substances" (CAPA-CS); establish the CAPA-CS Committee; establish membership and duties of the committee; create a new section of KRS Chapter 218A to establish the Controlled Substances Prescribing Council; establish membership, duties, and reporting requirements of the council. Senate Floor Amendment (1) Insert statute reference for the prescription drug monitoring program currently in use in Kentucky.

  RECENT STATUS

3/23/2023 - SIGNED BY GOVERNOR; (Acts Ch. 73)

3/13/2023 - delivered to Governor

3/13/2023 - Enrolled, Signed by Speaker of the House

BOARD OF PHARMACY
(ADAMS, JULIE RAQUE)

AN ACT relating to the Kentucky Board of Pharmacy.

Amend KRS 315.150, relating to the Board of Pharmacy, to change the membership qualifications and appointments; make board appointments subject to confirmation by the Senate; amend KRS 315.160 to permit a person who is not a pharmacist to be the executive director and only permit a pharmacist whose license is inactive and who is not affiliated with any organization nominating members of the board to serve as executive director.

  RECENT STATUS

2/22/2023 - (S) Returned to Committee Senate Health Services (S)

2/22/2023 - (S) SECOND READING

2/22/2023 - (S) Taken From Committee Health Services

TAX INFORMATION CONFIDENTIALITY
(MCDANIEL, CHRISTIAN)

AN ACT relating to the confidentiality of tax information.

Amend KRS 67.790 to allow counties to divulge tax information to taxing jurisdictions when requested for audit purposes; make technical changes.

  RECENT STATUS

3/20/2023 - SIGNED BY GOVERNOR; (Acts Ch. 29)

3/16/2023 - delivered to Governor

3/16/2023 - Enrolled, Signed by Speaker of the House

EMERGENCY USE DRUGS
(TICHENOR, LINDSEY; Girdler, Rick; Meredith, Stephen; Schickel, John; Southworth, Adrienne; Storm, Brandon J.; Turner, Johnnie; West, Stephen; Williams, Gex)

AN ACT relating to information on emergency use drugs and declaring an emergency.

Create a new section of KRS 217.005 to 217.215 to require that any individual who administers an unapproved drug that has been approved for emergency use by the commissioner of the United States Food and Drug Administration provides information; prohibit any person from being required to have an unapproved drug administered; EMERGENCY.

  RECENT STATUS

2/14/2023 - (S) Referred to Committee Senate Health Services (S)

2/10/2023 - Introduced

PERINATL MENTAL HEALTH
(FUNKE FROMMEYER, SHELLEY; Armstrong, Cassie Chambers ; Berg, Karen; Neal, Gerald A.; Southworth, Adrienne; Stivers, Robert; Tichenor, Lindsey; Webb, Robin L.)

AN ACT relating to perinatal mental health.

Create a new section of KRS Chapter 211 to require the Cabinet for Health and Family Services to make information on postpartum depression and a postpartum assessment tool available on its website; require the Cabinet for Health and Family Services to develop and implement a collaborative program aimed at improving the quality of prevention and treatment of postpartum depression. Senate Committee Substitute (1) Retain original provisions, except to replace references to postpartum depression with perinatal mental health disorders; delete the requirement for the Cabinet for Health and Family Services to promulgate administrative regulations that all birthing centers and hospitals provide evidence-based treatment for postpartum depression and other related mental health disorders; replace the collaborate program with a panel; expand the scope of the panel to identify gaps in perinatal mental health disorders and to explore grants and other funding opportunities; require the panel to submit an annual report. House Floor Amendment (1) Direct the Cabinet for Health and Family Services to submit a state plan amendment application to the federal Centers for Medicare and Medicaid Services no later than November 1, 2023, to provide medical assistance for inpatient and outpatient services provided by a residential pediatric recovery center.

  RECENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 57)

3/16/2023 - delivered to Governor

3/16/2023 - Enrolled, Signed by Speaker of the House

ACCESS TO PHARMACY BENEFITS
(DOUGLAS, DONALD; Wilson, Mike)

AN ACT relating to patient access to pharmacy benefits.

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 a new section of Subtitle 17A of KRS Chapter 304 to establish prohibited practices for pharmacy benefit managers; create new sections of Subtitles 17C and 38A of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts, and limited health service organizations; establish when legislation applies to health plans and contracts; provide that provisions of this Act shall be severable; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/17/2023 - (S) Referred to Committee Senate Banking & Insurance (S)

2/15/2023 - Introduced

PUBLIC-PRIVATE PARTNERSHIPS
(WISE, MAX)

AN ACT relating to public-private partnerships.

Amend KRS 65.028, relating to public-private partnerships, to redefine "local government" to include local school district; and grant a local board of education the authority to enter into public-private partnerships on behalf of a local school district.

  RECENT STATUS

3/21/2023 - SIGNED BY GOVERNOR; (Acts Ch. 41)

3/15/2023 - delivered to Governor

3/15/2023 - Enrolled, Signed by Speaker of the House

PHARMACY
(DOUGLAS, DONALD; Adams, Julie Raque)

AN ACT relating to pharmacy.

Amend KRS 315.010 to remove reference to protocols authorized by the Kentucky Board of Pharmacy from the definition of "prescription drug order."

  RECENT STATUS

2/21/2023 - (S) Referred to Committee Senate Health Services (S)

2/17/2023 - Introduced

PRIVACY
(STIVERS, ROBERT)

AN ACT relating to privacy.

Create a new section of KRS Chapter 403 to place additional safeguards on medical and mental health records to protect the confidential nature. House Committee Substitute (1) Retain original provisions; include medical records along with mental health records.

  RECENT STATUS

3/22/2023 - SIGNED BY GOVERNOR; (Acts Ch. 59)

3/16/2023 - delivered to Governor

3/16/2023 - Enrolled, Signed by Speaker of the House

ALL-PAYER CLAIMS DATABASE
(DOUGLAS, DONALD)

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

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

  RECENT STATUS

2/23/2023 - (S) Referred to Committee Senate Appropriations & Revenue (S)

2/21/2023 - Introduced

POSITRON EMISSION TOPOGRAPHY SCANS
(HARPER ANGEL, DENISE)

AN ACT relating to positron emission tomography scans.

Create a new section of Subtitle 17A of KRS Chapter 304 to establish coverage requirements for positron emission tomography scans; create a new section of KRS Chapter 216B to prohibit hospitals from requiring patients to be discharged prior to receiving a positron emission tomography scan ordered by a health care provider; create new sections of Subtitles 17C and 38A of KRS Chapter 304 and amend KRS 205.522, 205.6485, 164.2871, and 18A.225 to require limited health service benefit plans, limited health service organizations, Medicaid, KCHIP, self-insured employer sponsored plans offered by a state postsecondary education institution, and the state employee health plan to comply with the new coverage requirements for positron emission tomography scans; apply certain provisions to policies, certificates, plans, or contracts issued or renewed on or after the effective date of the section; require the Cabinet for Health and Family Services to seek federal approval if they determine such approval is necessary; EFFECTIVE, in part, January 1, 2024.

  RECENT STATUS

2/23/2023 - (S) Referred to Committee Senate Banking & Insurance (S)

2/21/2023 - Introduced