Here are the relevant health care related bills that are moving or expected to move this session. This is not an exhaustive list of the health care legislation that has been introduced this session. To see a complete Health Care Tracker click here. Monday, February 17th is a legislative holiday. Tuesday is the 29th day of our 60-day session and committee activity has been picking up as we approach the half way point of Kentucky’s 2014’s legislative session.
HB 5 is State Auditor Adam Edelen’s data breach disclosure law. It will require state and public agencies and their contractors to implement, maintain, and update security procedures and practices. The bill has passed out of the House with a vote of 100 – 0 on the consent calendar. Several organizations are seeking amendments to improve the bill, including one that would exempt entities already subject to HIPAA. Two improvements to the bill would include changing the word “discovery” to “determine” when requiring notification of a security breach. The second improvement would be to change the time frame from 24 hours to 72 hours. These changes would not impact the intent of the legislation while protecting the Commonwealth’s contractor’s abilities to comply. The legislation is sponsored by Rep. Butler. Click here for a copy of the bill.
HB 73, introduced by Rep. Jody Richards, clarifies that managed care plans must file ALL of their terms and conditions required to participate in their network. The Department of Insurance believes that HB73 does not extend their authority beyond what they have today. Click here for a copy of the bill.
HB 98, sponsored by Rep. Damron and 15 other co-sponsors, requires that at least one school employee be available to administer or assist with the self-administration of insulin. The bill also allows a student with appropriate permissions to perform blood glucose checks. The training required by the bill must be consistent with the American Diabetes Association. HB 98 passed the House 91 – 1 and passed the Senate 37 – 1. It was amended in the Senate and is now back in the House for concurrence or non-concurrence. Click here for a copy of the bill.
HB 125, sponsored by Rep. Damron, allows a patient to receive a copy of their laboratory test results directly. The bill is posted for passage on the House Consent Orders for Friday February 21st. Click here for a copy of the bill.
HB 126 is the NAIC “Own Risk Solvency Assessment” (ORSA) bill, sponsored by Rep. Damron. HB 126 passed out of the House 96 – 0 and has been assigned to the Senate Banking and Insurance Committee. Click here for a copy of the bill.
HB 138, sponsored by Rep. Yonts, requires the State Health Plan to offer a Flexible Spending Account option. The bill passed the House 99 – 0 and is now in the Senate State and Local Government. Click here for a copy of the bill.
HB 146 is the “Expedited Partner Therapy” Bill sponsored by Rep. Marzian. The bill allows a medical provider licensed to treat a patient for gonorrhea or Chlamydia to prescribe a treatment for the patient’s sexually active partner. Click here for a copy of the bill.
HB 173 is Rep. Westrom’s statewide smoking ban bill. The bill would prohibit indoor smoking in all places of employment including restaurants, bars, home day care facilities, bed & breakfasts, etc. The bill prohibits smoking within 15 feet of the entrances, windows or ventilation systems of any of these facilities. The bill has passed out of the House Health & Welfare Committee. Four floor amendments have been filed thus far, exempting e-cigarettes, cigar bars and racetracks. The bill has its readings and is posted for passage, but its fate is still unclear, even in the House. Click here for a copy of the bill.
HB 190, a bill sponsored by Rep. Julie Adams, mandates coverage of genetic testing for certain people who are at risk for breast or ovarian cancer. Amendments have been offered to the sponsor that reflect existing policies in the market today. The bill has been assigned to the House Banking & Insurance Committee. Click here for a copy of the bill.
HB 221 requires court-ordered outpatient mental health services to be covered by Medicaid if the individual is Medicaid eligible. The services are subject to the same medical necessity criteria and reimbursement methodology as all other behavioral health services. The bill sets forth guidelines for the treatment plan, the collaboration required with the community mental health center (CMHC) and the duties of the court and cabinet in cases where mental health treatment has been ordered by the courts. The Chairman of the House Health Welfare Committee Tom Burch sponsored the bill and its HCS passed out of his committee and is now awaiting approval of the House. Click here for a copy of the bill.
HB 232, sponsored by Rep. Riggs, is the Consumer Security Breach bill requiring consumer notification when a data breach reveals personally identifiable information. Various groups are working on amendments including amendments that would exempt organizations that are already subject to HIPAA or Graham-Leach-Bliley. The bill has been referred to the House Labor & Industry Committee. Click here for a copy of the bill.
HB 235 is the Executive Branch Budget. The bill under consideration in the House is the Governor’s proposal as presented in his budget address on January 17th. The House Budget Review Subcommittees are holding hearings and reviewing the proposal and are expected to tweak the budget before sending it down to the Senate sometime in March.
The Governor’s proposed budget includes a total of $37,426,100 in restricted funds over the biennium for the operation of the Health Benefit Exchange and $23,099,600 in Federal Funds for the same period. The total proposed Medicaid Services budget for 2014-15 is $8,084,734,400 and the total for 2015-16 is $8,390,815,800.
The budget also contains language that requires the Department for Medicaid Services to submit quarterly budget analysis reports to the Interim Joint Committee on Appropriations and Revenue. The Medicaid Managed Care Organizations (MCO) are required to submit detail quarterly reports that include the following: monthly actual expenditures by service category, monthly eligibles, and average monthly cost per eligible. The budget also contains language on how an MCO will process appeals for denial or limitations of services. Click here for a copy of the bill.
HB 252, sponsored by Rep. Greg Stumbo, creates the Advisory Council on Autism Spectrum Disorders. The bill cleared the House Health & Welfare Committee and is posted for passage in the regular orders on February 18th. Click here for a copy of the bill.
HB 286 creates a pharmacy advisory committee to the Advisory Council for Medical Assistance more commonly called MAC. The MAC has subcommittees called TAC’s (Technical Advisory Committees). This legislation merely adds the Pharmacy committee. The subcommittees, along with the Advisory Council have no authority, but they do meet on a regular basis with the Commissioner and discuss issues of concern primarily from the provider community. The bill’s primary sponsor is Chairman Greer and it passed easily out of his committee onto the Consent Orders. It is posted for passage on February 18th. Click here for a copy of the bill.
HB 335 is commonly referred to as the false claims bill. Speaker of the House Greg Stumbo is the sponsor and Chairman of the House Judiciary Committee John Tilley is the primary co-sponsor. A state false claims bill would establish enhanced civil liability and penalties for committing fraud against the state. HB 335 would allow the Attorney General or a private citizen to sue on behalf of the Commonwealth, with some of the proceeds going to the person (whistleblower) bringing the suit. There are civil protections for the whistleblower, treble damages and steep penalties for each fraudulent claim, making health care claims very attractive for these types of suits. Nearly identical bills have been introduced in previous years: HB 4 in 2011 and HB 401 in 2012. These bills have passed the House by an overwhelming majority and died in the Senate. There is a coalition working together to oppose the bill. Click here for a copy of the bill.
HB 344, sponsored by Rep. Greer, makes some technical changes to the name of the Kentucky Applied Behavior Analysis Licensing Board. In addition, the bill establishes a licensing procedure and requirements for registered behavior technicians. The bill also includes board-certified and licensed behavior analysts in the definition of “mental health professional” in the Mental Health Act of the Unified Juvenile Code. The bill was sent to the House Licensing and Occupations Committee. No action has been taken. Click here for a copy of the bill.
HB 361, allows a Medicaid recipient to assign his rights to a state fair hearing to a provider. The bill also requires all MCO’s to follow the Pharmacy Audit procedures required in the commercial market. The bill is sponsored by the Speaker of the House, Rep. Greg Stumbo. It was introduced on February 10th and assigned to the House Health & Welfare Committee on February 11th. It has been posted for consideration yet. Click here for a copy of the bill.
HB 362, introduced by Rep. Stone, is an act relating to out of network benefits offered by a health benefit plan. The bill requires an insurer offering a health benefit plan with out-of-network benefits to not limit the network to health care providers performing services or treatment within the Commonwealth of Kentucky. HB 362 also requires a health benefit plan with out-of-network benefits to not limit covered services to services or treatment provided within the Commonwealth of Kentucky. The bill has been assigned to the House Banking & Insurance Committee but it has not been posted for a hearing. Click here for a copy of the bill.
HB 369, introduced by Rep. Yonts, lowers the statute of limitations on a written contract from 15 years to 10 years. Kentucky is the only state with a 15-year statute of limitations. No other state has a limitation longer than 10 years. The bill has been assigned to Judiciary on February 11th, but has not been posted for consideration. Click here for a copy of the bill.
HB 395, a medication synchronization bill, was introduced by Rep. Wuchner on February 13th. The bill requires a health plan to pay a dispensing fee on each prescription when the patient elects synchronization of multiple prescriptions for the treatment of chronic illnesses’ and synchronization is in the best interest of the patient. In order to permit synchronization, an individual or group health benefit plan shall pay a prorated daily cost-sharing rate for any medication dispensed by a network pharmacy. HB395 also requires the Department for Medicaid Services to allow medication synchronization. Click here for a copy of the bill.
SB 29, would require licensure as opposed to certification of a person practicing acupuncture. The bill, sponsored by Senator Buford, passed the Senate 37-0 and has cleared the House Licensing and Occupations committee. It is scheduled for a vote on the House Consent Calendar on Feb. 18th. Click here for a copy of the bill.
SB 52, sponsored by Senator Denton, would require the Cabinet for Health and Family Services to apply for a Medicaid waiver for a pilot program permitting health professionals to charge a $10 missed appointment fee. The pilot program would be in the Kentucky counties of Jefferson, Letcher and Pike. The bill passed favorably out of the Senate Health and Welfare committee. Sen. Denton filed a floor amendment that would assess the penalty after 3 missed appointments. The bill is on the regular Orders of the Day in the Senate. Click here for a copy of the bill.
SB 73, sponsored by Senator Buford, defines 'preauthorization’ and establishes a requirement for pharmacy benefit managers to expedite the process of preauthorization of a non-formulary drug product. The bill was introduced on January 15th and sent Senate Banking & Insurance. Senator Buford has held one meeting thus far and SB 73 was not on the agenda. Click here for a copy of the bill.
SB 76, sponsored by Senator Denton, clarifies that a reciprocal license may be granted to an out-of-state provider located in one of Kentucky's seven contiguous bordering states and establishes requirements for licensure in the contiguous state, including any requirement for a physical location in the state as a condition of issuing or renewing a license, be substantially similar to the licensure requirements in this state. The bill also adds two members of the durable medical equipment profession to the advisory council of the Kentucky Board of Pharmacy. Click here for a copy of the bill.
SB 82, will establish an oversight board for the Cabinet of Health & Family Services to hire the Secretary of the Cabinet. The legislation will not apply to the current Secretary. The bill is sponsored by Senator Denton and was reported favorably out of the Senate State & Local Government Committee. It has its second reading on the Senate floor. Click here for a copy of the bill.
SB 103, sponsored by Senator Denton, is similar to HB 98, relating to diabetes. This bill has passed the Senate and has been assigned to the House Health and Welfare committee. Click here for a copy of the bill.
SB 118, sponsored by Senator Denton, requires a health benefit plan providing coverage for prescription eye drops to refill a prescription, if requested, between 23 and 30 days from the original date of the prescription, assuming the refills are medically necessary. Coverage for additional bottles is limited to one bottle every three months. This bill has been referred to the Senate Banking and Insurance Committee. There are amendments being offered to the sponsor and the Optometrists that would help the bill conform to market standards. Click here for a copy of the bill.
SB 119, establishes Medical Review Panels for all malpractice and malpractice related claims against a health care provider, other than those claims agreed for submission to binding arbitration. The independent panel will include three health care experts. The three health care experts could include nurses, physicians, hospital personnel, long term care home personnel or others whom Kentuckians depend upon for their care. They will review the evidence of a potential case before it goes to court. To ensure fairness, each side represented in the case would select a panelist with the third panelist being agreed to by the other two experts. This ensures a fair and unbiased decision from the panel. The expert panel will decide whether the standard of care was violated, but they would not make a finding of fact or conclusion of law. The results of the panel would be admissible in court, but does not deny any Kentuckian access to the legal system. The bill was heard in Senate Health & Welfare on February 12th and passed out favorably 7 – 3 with one abstention. The bill was recommitted on Friday, February 14th for some clean up language to be added in a committee sub. The will bill then be voted out again, presumably along the same party lines as the first vote and is likely to move swiftly to the floor of the Senate for consideration. Click here for a copy of the bill.
SB 124, exempts "marijuana" drugs from the definition used in FDA-approved studies or compassionate use programs and the substance cannabidiol when recommended by a physician practicing at a state research hospital. The bill, sponsored by Senator Denton, has been referred to the Senate Health and Welfare Committee. Click here for a copy of the bill.
SB 130, requires an agency head to pay any costs awarded by a court out of his or her personal fund if the court determines that they have willfully withheld records. The agency head will also be required to vacate his or her position with the agency for five years and to forfeit his or her pension benefits. The bill is sponsored by Senator Denton and has been assigned to the Senate Judiciary Committee. Click here for a copy of the bill.
SB 134, sponsored by Senator Westerfield, requires the Kentucky Board of Medical Licensure to develop a program to certify physicians to offer testimony on the basis of the physician’s professional knowledge and skills. The Board would implement regulations governing the program and establish the basis on which an expert witness certificate would be issued. Similar legislation has been offered in years past (2012) in the House by Rep. Burch and Rep. David Watkins. The bill has been assigned to the Senate Judiciary Committee. Click here for a copy of the bill.
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