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AN ACT relating to emergency medical services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311A.015 is amended to read as follows: 3
(1) There is hereby created an independent agency of the state government to be 4
known as the Kentucky Board of Emergency Medical Services[ is created and shall 5
be attached to the Kentucky Community and Technical College System]. 6
(2) The board shall consist of [thirteen (13) members who are residents of Kentucky 7
appointed by the Governor in conjunction with recognized state emergency medical 8
services related organizations. Membership shall be made up of ]the following 9
members, who shall be residents of Kentucky: 10
(a) One (1) physician licensed in Kentucky who serves as the medical director 11
for an ambulance provider and is board-certified in emergency medicine, 12
appointed by the Governor from a list of three (3) physicians submitted by 13
the Kentucky Medical Association or the Kentucky Chapter of the American 14
College of Emergency Physicians; 15
(b) One (1) physician licensed in Kentucky who is routinely involved in the 16
emergency care of ill or injured children appointed by the Governor from a 17
list of three (3) physicians submitted by the Kentucky Medical Association 18
or the Kentucky Chapter of the American College of Emergency 19
Physicians; 20
(c) One (1) local government representative appointed by the Governor from a 21
list of three (3) individuals submitted by the Kentucky League of Cities; 22
(d) One (1) local government representative appointed by the Governor from a 23
list of three (3) individuals submitted by the Kentucky Association of 24
Counties; 25
(e) One (1) licensed or certified emergency medical services field provider who 26
is primarily employed by a hospital-based health care facility appointed by 27 UNOFFICIAL COPY 22 RS HB 777/GA
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the Governor from a list of three (3) individuals submitted by the Kentucky 1
Hospital Association; 2
(f) One (1) licensed or certified emergency medical services field provider 3
appointed by the Governor from a list of three (3) individuals submitted by 4
the Kentucky Ambulance Providers Association; 5
(g) One (1) licensed or certified emergency medical services field provider 6
appointed by the Governor from a list of three (3) individuals submitted by 7
the Kentucky Professional Fire Fighters; 8
(h) One (1) licensed or certified emergency medical services field provider 9
appointed by the Governor from a list of three (3) individuals submitted by 10
the Kentucky Association of Fire Chiefs; 11
(i) One (1) licensed or certified emergency medical services educator appointed 12
by the Governor; 13
(j) One (1) licensed or certified emergency medical services field provider 14
appointed by the Governor from a list of three (3) air medical transportation 15
providers based in Kentucky submitted by the Kentucky Chapter of the 16
Association of Air Medical Services; 17
(k) One (1) hospital administrator appointed by the Governor from a list of 18
three (3) individuals submitted by the Kentucky Hospital Association; 19
(l) One (1) citizen at large appointed by the Governor who is not associated 20
with or financially interested in the delivery of medical or emergency 21
services; and 22
(m) The secretary of the Cabinet for Health and Family Services or his or her 23
designee[(a) One (1) emergency medical technician who works for a 24
government agency but is not serving in an educational, management, or 25
supervisory capacity; 26
(b) One (1) physician licensed in Kentucky serving as medical director of an 27 UNOFFICIAL COPY 22 RS HB 777/GA
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advanced life support ambulance service selected from a list of three (3) 1
physicians submitted by the Kentucky Medical Association; 2
(c) One (1) physician licensed in Kentucky who is routinely involved in the 3
emergency care of ill or injured children selected from a list of three (3) 4
physicians submitted by the Kentucky Medical Association; 5
(d) One (1) citizen having no involvement in the delivery of medical or 6
emergency services; 7
(e) One (1) certified emergency medical services educator; 8
(f) One (1) fire-service-based, licensed Class I ground ambulance service 9
administrator who is a certified emergency medical technician, an advanced 10
emergency medical technician, or a licensed paramedic; 11
(g) One (1) licensed air ambulance service administrator or paramedic for a 12
licensed air ambulance service headquartered in Kentucky; 13
(h) One (1) privately operated, licensed Class 1 ground ambulance service 14
administrator who is a certified emergency medical technician, an advanced 15
emergency medical technician, or a licensed paramedic; 16
(i) One (1) hospital administrator selected from a list of three (3) nominees 17
submitted by the Kentucky Hospital Association; 18
(j) One (1) advanced life support ambulance provider who is an advanced 19
emergency medical technician or a licensed paramedic, who works for a 20
government agency but is not serving in an educational, management, or 21
supervisory capacity; 22
(k) One (1) publicly operated Class I ground ambulance service administrator 23
who is a certified emergency medical technician, an advanced emergency 24
medical technician, or a licensed paramedic; 25
(l) One (1) mayor of a city that operates, either directly or through contract 26
services, a licensed Class I ground ambulance service; and 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(m) One (1) county judge/executive from a county that operates, whether directly 1
or through contract services, a licensed Class I ground ambulance service]. 2
(3) [(a) ]Members shall serve for a term of four (4) years, may be reappointed, and 3
shall serve no more than two (2) consecutive terms. A member appointed to a 4
partial term vacancy exceeding two (2) years shall be deemed to have served a full 5
term. A former member may be reappointed following an absence of at least one (1) 6
term. 7
[(b) Any person serving on the board in a position eliminated on June 27, 2019, 8
and whose term has not expired prior to the June 27, 2019, may continue to 9
serve in a voting, ex officio capacity until the expiration of his or her term.] 10
(4) The board shall: 11
(a) Meet at least six (6) times a year; and 12
(b) At the first meeting of the board after September 1 of each year, elect a chair 13
and vice chair by majority vote of the members present and set a schedule of 14
six (6) regular meetings for the next twelve (12) month period. 15
(5) The board shall adopt a quorum and rules of procedure by administrative regulation. 16
(6) (a) A member of the board who misses three (3) regular meetings in a twelve (12) 17
month period shall be deemed to have resigned from the board and his or her 18
position shall be deemed vacant. 19
(b) The failure of a board member to attend a special or emergency meeting shall 20
not result in any penalty. 21
(c) The Governor shall appoint a person with the same professional 22
qualifications[of the same class] to fill the vacancy within ninety (90) days. 23
(d) The person removed under this subsection shall not be reappointed to the 24
board for at least ten (10) years. 25
(7) Members of the board shall be entitled to reimbursement for actual and necessary 26
expenses when carrying out official duties of the board in accordance with state 27 UNOFFICIAL COPY 22 RS HB 777/GA
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administrative regulations relating to travel reimbursement. 1
(8) The board shall submit a report to the General Assembly by September 1 of each 2
year. The report shall include but not be limited to: 3
(a) A detailed list of income and expenses of the board; 4
(b) A detailed summary of data collected on the number of complaints against 5
individuals certified or licensed by the board and emergency medical 6
services training institutions approved by the board, and the disposition of 7
those complaints; 8
(c) An accounting of all new administrative regulations and amendments to 9
administrative regulations promulgated by the board; and 10
(d) Recommendations for changes in administrative regulations, board policies, 11
and statutes[Annual reports and recommendations from the board shall be 12
sent by September 1 each year to the Governor, the president of the Kentucky 13
Community and Technical College System, and the General Assembly]. 14
Section 2. KRS 311A.020 is amended to read as follows: 15
(1) The board shall: 16
(a) Exercise all of the administrative functions of the state not regulated by the 17
Board of Medical Licensure or Cabinet for Health and Family Services in the 18
regulation of the emergency medical services system and the practice of 19
emergency medical services, and emergency medical services training 20
institutions, with the exception of employment of personnel as described in 21
subsections (5) and (6) of this section; 22
(b) Issue any licenses or certifications authorized by this chapter; 23
(c) Oversee the operations and establish the organizational structure of the Office 24
of the Kentucky Board of Emergency Medical Services, which is created and 25
shall be attached to the board for administrative purposes. The office shall be 26
headed by the executive director appointed under paragraph (d) of this 27 UNOFFICIAL COPY 22 RS HB 777/GA
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subsection and shall be responsible for: 1
1. Personnel and budget matters affecting the board; 2
2. Fiscal activities of the board, including grant writing and disbursement 3
of funds; 4
3. Information technology, including the design and maintenance of 5
databases; 6
4. Certification and recertification of emergency medical responders; 7
5. Certification and recertification of emergency medical technicians and 8
advanced emergency medical technicians; 9
6. Licensure and relicensure of ambulances, ambulance services, and 10
mobile integrated healthcare programs; 11
7. Licensure and relicensure of paramedics; 12
8. Certification and recertification of advanced practice paramedics; 13
9. Certification and recertification of EMS educators; 14
10. Investigation of and resolution of [quality ]complaints and ethics issues 15
pertaining to professional certifications and licenses;[ and] 16
11. The resolution of complaints and ethics issues pertaining to 17
ambulances, ambulance services, and mobile integrated healthcare 18
programs; and 19
12. Other responsibilities that may be assigned to the executive director by 20
the board; 21
(d) Employ an executive director and deputy executive director and fix the 22
compensation. The executive director and deputy executive director shall 23
serve at the pleasure of the board, administer the day-to-day operations of the 24
Office of the Kentucky Board of Emergency Medical Services, and supervise 25
all directives of the board. The director and deputy executive director shall 26
possess a baccalaureate degree and shall have no less than five (5) years of 27 UNOFFICIAL COPY 22 RS HB 777/GA
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experience in public administration or in the administration of an emergency 1
medical services program; 2
(e) Employ or contract with a physician licensed in Kentucky who is board 3
certified in emergency medicine and fix the compensation. The physician shall 4
serve at the pleasure of the board and as the medical advisor to the Kentucky 5
Board of Emergency Medical Services and the staff of the board; 6
(f) Employ or contract with an attorney licensed to practice law in Kentucky and 7
fix the compensation. The attorney shall serve at the pleasure of the board and 8
have primary assignment to the board. The board and the attorney shall 9
implement and oversee the regulatory process; 10
(g) Employ personnel sufficient to carry out the statutory responsibilities of the 11
board in accordance with the following:[.] 12
1. Personnel assigned to investigate an emergency medical responder 13
program complaint or regulate the emergency medical responder 14
programs shall be certified emergency medical responders, emergency 15
medical technicians, advanced emergency medical technicians, or 16
licensed paramedics;[.] 17
2. Personnel assigned to investigate an emergency medical technician 18
program complaint or regulate the emergency medical technician 19
program shall be certified emergency medical technicians, advanced 20
emergency medical technicians, or paramedics;[.] 21
3. Personnel assigned to investigate an advanced emergency medical 22
technician program complaint or regulate the advanced emergency 23
medical technician program shall be certified advanced emergency 24
medical technicians or paramedics;[.] 25
4. Personnel assigned to investigate a paramedic program complaint or 26
regulate the paramedic program shall be licensed paramedics;[.] 27 UNOFFICIAL COPY 22 RS HB 777/GA
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5. A person who is employed by the board who is licensed or certified by 1
the board shall retain his or her license or certification if he or she meets 2
the in-service training requirements and pays the fees specified by 3
administrative regulation;[.] 4
6. A person who is employed by the board may instruct in emergency 5
medical subjects in which he or she is qualified, with the permission of 6
the board. All instruction shall be rendered without remuneration other 7
than his or her state salary and the employee shall be considered as on 8
state duty when teaching; and[.] 9
7. A person who is employed by the board may render services for which 10
the person is qualified at a declared disaster or emergency or in a 11
situation where trained personnel are not available until those personnel 12
arrive to take over the patient, or where insufficient trained personnel are 13
available to handle a specific emergency medical incident. All aid shall 14
be rendered without remuneration other than the employee's state salary 15
and the employee shall be considered as on state duty when rendering 16
aid. In cases specified in this paragraph, the state medical advisor shall 17
serve as the emergency medical services medical director for the 18
employee; 19
(h) Establish committees and subcommittees and the membership thereof. 20
Members of committees and subcommittees do not need to be members of the 21
board but shall reflect the qualifications of the board members; 22
(i) Enter into contracts, apply for grants and federal funds, and disburse funds to 23
local units of government as approved by the General Assembly. All funds 24
received by the board shall be placed in a trust and agency account in the State 25
Treasury subject to expenditure by the board; 26
(j) Administer the Emergency Medical Services for Children Program; and 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(k) Establish minimum curriculum and standards for emergency medical services 1
training. 2
(2) The board may utilize materials, services, or facilities as may be made available to it 3
by other state agencies or may contract for materials, services, or facilities. 4
(3) The board may delegate to the executive director, by written order, any function 5
specified in this chapter other than promulgation of an administrative regulation[ 6
specified in this chapter]. 7
(4) Except for securing funding for trauma centers, the board shall not serve as the lead 8
agency relating to the development or regulation of trauma systems, but shall be a 9
partner with other state agencies in the development, implementation, and oversight 10
of such systems. 11
(5) [(a) The Kentucky Community and Technical College System shall employ 12
personnel for the work of the board, and the personnel in the positions described in 13
this section and all other persons in administrative and professional positions shall 14
be transferred to the personnel system of the Kentucky Community and Technical 15
College System on July 12, 2006, in the appropriate classification to carry out the 16
mission of the board. All employees transferred under this paragraph shall have all 17
employment records and months of service credit transferred to the Kentucky 18
Community and Technical College System. Employees of the board transferred 19
under this paragraph who subsequently return to state employment under KRS 20
Chapter 18A shall have their employment records and months of service credit 21
under the Kentucky Community and Technical College System transferred back to 22
the KRS Chapter 18A personnel system, and the employment records and months of 23
service credit shall be used in calculations for all benefits under KRS Chapter 18A. 24
(b) New employees hired or contracted after July 12, 2006, shall be employed or 25
contracted by the Kentucky Community and Technical College System. 26
(6) ]The chair of the board shall appoint a personnel committee[ consisting of the chair 27 UNOFFICIAL COPY 22 RS HB 777/GA
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of the board, one (1) physician member of the board, one (1) ambulance service 1
provider member of the board, one (1) additional member of the board selected by 2
the chair of the board, and one (1) representative of the Kentucky Community and 3
Technical College System administration]. The personnel committee shall conduct 4
an annual job performance review of the executive director, the medical advisor, 5
and the board attorney that conforms with the state personnel standards [of the 6
Kentucky Community and Technical College System ]and includes a 7
recommendation for or against continued employment to be presented to the 8
board[personnel office of the Kentucky Community and Technical College 9
System]. 10
[(7) All state general fund moneys appropriated to the board, all federal funds, all 11
moneys collected by the board, and all equipment owned by the board shall be 12
transferred to the Kentucky Community and Technical College System on July 1, 13
2006. 14
(8)](6) The board shall develop a proposed biennial budget for all administrative and 15
operational functions and duties[ in conjunction with the Kentucky Community and 16
Technical College System budget submission process. The Kentucky Community 17
and Technical College System shall not make changes to the budget proposal 18
submitted by the board, but may submit written comments on the board's budget 19
proposal to the board and other agencies in the budget submission process]. 20
Section 3. KRS 311A.025 is amended to read as follows: 21
(1) The board shall, subject to the provisions of this chapter, create levels of 22
certification or licensure, as appropriate for [individuals ]providing services under 23
this chapter. These may consist of but not be limited to: 24
(a) Emergency medical services educator, Level I, II, and III; 25
(b) Emergency medical responder; 26
(c) Emergency medical technician and advanced emergency medical technician; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(d) Paramedic, advanced practice paramedic, and paramedic preceptor; 1
(e) Emergency medical services medical director who supervises a person or 2
organization licensed or certified by the board; 3
(f) Mobile integrated healthcare program medical director who supervises an 4
MIH program licensed by the board; 5
(g) Emergency medical services[service] training institution; 6
(h) Emergency medical services[service] testing agency; 7
(i) Ground ambulance service, including categories thereof; 8
(j) Air ambulance service; 9
(k) Medical first response provider; 10
(l) Emergency medical dispatcher, emergency medical dispatch instructor, and 11
emergency medical dispatch instructor trainer; 12
(m) Emergency medical dispatch center or public safety answering point; and 13
(n) Any other entity authorized by this chapter. 14
(2) The board shall promulgate administrative regulations in accordance with KRS 15
Chapter 13A for any certification or license the board may create. The 16
administrative regulations shall, at a minimum, address: 17
(a) Requirements for students, if appropriate; 18
(b) Requirements for training; 19
(c) Eligibility for certification or licensure; and 20
(d) Renewal, recertification, and relicensure requirements. 21
(3) The board may authorize a physician licensed to practice in Kentucky to serve as an 22
emergency medical services medical director if that physician meets the 23
requirements specified by the board by administrative regulation. 24
(4) A hospital that owns an ambulance service that is exempt from certificate of need 25
pursuant to subsection (7) of Section 9 of this Act may provide transport services 26
from another health facility to its hospital if authorized by the ambulance service 27 UNOFFICIAL COPY 22 RS HB 777/GA
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provider with jurisdiction in the territory in which the other health facility is 1
located. 2
Section 4. KRS 311A.030 is amended to read as follows: 3
(1) The board shall promulgate administrative regulations in accordance with KRS 4
Chapter 13A to carry out the functions of this chapter, including but not limited to: 5
(a)[(1)] Licensing, inspecting, and regulating of ambulance services, mobile 6
integrated healthcare programs, and medical first [-]response providers. The 7
administrative regulations shall address specific requirements for: 8
1.[(a)] Class I Ground ambulance providers, which provide basic life 9
support or advanced life support services to all patients for emergencies 10
or scheduled ambulance transportation that[which] is medically 11
necessary; 12
2.[(b)] Class II Ground ambulance providers, which provide only basic 13
life support services but do not provide initial response to the general 14
population with medical emergencies and which are limited to providing 15
scheduled ambulance transportation that[which] is medically necessary; 16
3.[(c)] Class III Ground ambulance providers, which provide mobile 17
intensive care services at or above the level of advanced life support to 18
patients with critical illnesses or injuries who must be transported 19
between hospitals in vehicles with specialized equipment as an 20
extension of hospital-level care; 21
4.[(d)] Class IV Ground ambulance providers, which provide basic life 22
support or advanced life support services and transportation for 23
restricted locations such as industrial sites and other sites that do not 24
provide services outside a designated site; 25
5.[(e)] Class V Mobile integrated healthcare programs, which do not 26
transport patients as a function of the program and which must be 27 UNOFFICIAL COPY 22 RS HB 777/GA
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operated by or in affiliation with a Class I ambulance provider that 1
provides emergency medical response in the geographic area; 2
6.[(f)] Class VI medical first response providers, which provide basic or 3
advanced life support services, but do not transport patients; 4
7.[(g)] Class VII air ambulance providers, which provide basic or 5
advanced life support services; and 6
8.[(h)] Class VIII event medicine providers, which provide basic or 7
advanced life support services, but do not transport patients; and 8
(b)[(2)] Licensing, inspecting, and regulating of emergency medical services 9
training institutions. 10
(2) The licensure standards for Class I ground ambulance providers shall 11
distinguish between an ambulance service that provides only emergency 12
transportation, only scheduled ambulance transportation, or both types of 13
transportation[Nothing in this section shall be construed to change or alter the 14
issuance of certificates of need for emergency medical services providers]. 15
Section 5. KRS 311A.035 is amended to read as follows: 16
The board shall[may] carry out the functions of this chapter, including but not limited to: 17
(1) Establishing minimum data reporting requirements, including requirements 18
specifically related to emergency medical services and trauma care of children, for 19
ambulance providers and collection and analysis of data related to the provision of 20
emergency medical services; 21
(2) Maintaining the Emergency Medical Services for Children Program with federal 22
funds so designated plus any additional funds that may be appropriated by the 23
General Assembly, or any other funds that may become available to the board, 24
including gifts, grants, or other sources; 25
(3) Developing a statewide plan for the implementation of emergency medical services 26
systems [and trauma care systems ]within the Commonwealth of Kentucky that 27 UNOFFICIAL COPY 22 RS HB 777/GA
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specifically addresses the unique needs of rural areas; 1
(4) Applying for, receiving, and disposing of federal, state, or private funds by grant, 2
appropriation, donation, or otherwise for emergency medical services programs, 3
personnel, and equipment; and 4
(5) Developing, monitoring, and encouraging other projects and programs that may be 5
of benefit to emergency medical services in the Commonwealth. 6
[Nothing in this section shall be construed to change or alter the issuance of certificates of 7
need for emergency medical services providers.] 8
Section 6. KRS 311A.055 is amended to read as follows: 9
(1) In accordance with the provisions of KRS Chapter 13B, all discipline for which the 10
board is authorized to conduct investigations, hold hearings, and impose 11
punishments is delegated to the executive director, state medical advisor, board 12
attorney, and hearing panels as provided herein, except that investigations and 13
hearings for ambulance services licensed under Section 4 of this Act shall be 14
conducted by the Cabinet for Health and Family Services in accordance with 15
Section 8 of this Act. The board shall immediately transfer all complaints 16
submitted regarding ambulance services licensed under Section 4 of this Act to 17
the cabinet and the cabinet shall submit findings and recommendations to the 18
board for all complaints submitted by the board. 19
(2) Any person may make a complaint to the executive director that an entity licensed 20
or certified by the board, emergency medical services personnel, or any other person 21
licensed or certified by the board has violated a provision of this chapter, an 22
administrative regulation promulgated pursuant to this chapter, protocol, practice 23
standard, or order of the board. 24
(3) Each complaint shall: 25
(a) Be made by telephone or in writing and may be submitted electronically, by 26
facsimile, or by mail; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(b) Identify specifically the person or organization against whom the complaint is 1
made; 2
(c) Set forth the facts relating to the violation alleged and any other supporting 3
information that[which] may have a bearing on the matter; and 4
(d) Contain the name, address and zip code, day and work telephone 5
numbers[number], facsimile number if appropriate, [and ]e-mail address, if 6
available, and the nature of the complainant's relationship to the 7
licensee[complainant; 8
(e) Be subscribed and sworn to as to the truth of the statements contained in the 9
complaint by the complainant; and 10
(f) Be notarized]. 11
(4) [A complaint which is unsigned shall not be acted upon by the executive director. A 12
complaint which is not subscribed and sworn in the manner specified in subsection 13
(3) of this section shall be returned to the complainant for completion. 14
(5)] The executive director of the board may, on behalf of the board, based on 15
knowledge available to the office of the board, make a complaint against any person 16
or organization regulated by the board in the same manner as provided in subsection 17
(3) of this section. 18
(5) (a)[(6)] Except as provided by paragraph (b) of this subsection, upon receipt of 19
a [properly completed ]complaint, the executive director shall assign the 20
complaint to a staff investigator who shall investigate the complaint and shall 21
make findings of fact and recommendations to the executive director who 22
shall then convene a preliminary inquiry board. 23
(b) If the complaint is pertaining to ambulance services licensed under Section 24
4 of this Act, the executive director shall transfer the complaint to the 25
Cabinet for Health and Family Services, in accordance with Section 8 of 26
this Act. 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(6)[(7)] When the executive director assigns a complaint to a staff investigator, he or 1
she shall notify the person or organization against whom the complaint has been 2
filed, the employer of the emergency services personnel against whom the 3
complaint has been filed, the emergency medical services medical director or 4
mobile integrated healthcare program medical director for the organization against 5
whom the complaint has been filed or that employs the emergency medical services 6
personnel against whom the complaint has been filed, and any other person or 7
organization specified in this chapter. 8
(7)[(8)] The notification shall name the person or organization complained against,[ 9
the complainant,] the violations alleged, and the facts presented in the complaint 10
and shall notify the person or organization complained against, the employer, and 11
the emergency medical services or the mobile integrated healthcare program 12
medical director of: 13
(a) The fact that the complaint shall be answered, the steps for answering the 14
complaint, and the action to be taken if the complaint is not answered; 15
(b) The time frame and steps in the proceedings of a complaint; 16
(c) The rights of the parties, including the right to counsel; and 17
(d) The right to testify at any hearing. 18
(8)[(9)] Upon the failure of a license or certificate holder to respond to a written 19
accusation or to request a hearing within twenty (20) days after the sending of the 20
accusation, the accused shall be considered to have admitted the truth of the facts 21
and the circumstances in the allegation and appropriate discipline may be imposed. 22
(9)[(10)] The preliminary inquiry board shall consist of one (1) member of the board 23
selected by the chair, and two (2) persons representing the same category of 24
certification or licensure as the defendant who are not members of the board 25
appointed by the chairman of the board. 26
(10)[(11)] After reviewing the complaint and results of any investigation conducted on 27 UNOFFICIAL COPY 22 RS HB 777/GA
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behalf of the board, the preliminary inquiry board shall consider whether the 1
accusation is sufficient to remand the matter for a hearing as provided in this section 2
and KRS Chapter 13B. A majority vote of the members of the preliminary inquiry 3
board shall be necessary for action to either remand the matter for hearing or 4
dismiss the complaint without hearing. 5
(11)[(12)] If the preliminary inquiry board dismisses the complaint, all parties notified 6
previously shall be notified of the action. If the preliminary inquiry board remands 7
the matter for a hearing, all parties notified previously shall be notified of the 8
action. 9
(12)[(13)] Each proceeding to consider the imposition of a penalty that[which] the board 10
is authorized to impose pursuant to this chapter shall be conducted in accordance 11
with KRS Chapter 13B. 12
(13)[(14)] A hearing panel for purposes of making a decision in any disciplinary matter 13
shall consist of one (1) physician who may be a member of the board or who meets 14
the qualifications of an emergency medical services medical director; one (1) person 15
from the category of persons or organizations of the same class as the defendant; 16
and the hearing officer, who shall not be involved in emergency medical services. 17
(14)[(15)] The hearing officer may issue subpoenas to compel the attendance of 18
witnesses and the production of documents in the conduct of an investigation. The 19
subpoenas may be enforced by any Circuit Court for contempt. Any order or 20
subpoena of the court requiring the attendance and testimony of witnesses and the 21
production of documentary evidence may be enforced and shall be valid anywhere 22
in this state. 23
(15)[(16)] At all hearings the board attorney or, on request of the board, the Attorney 24
General of this state or one (1) of the assistant attorneys general designated shall 25
appear and represent the board. 26
(16)[(17)] The emergency medical services provider or related employer of a person 27 UNOFFICIAL COPY 22 RS HB 777/GA
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licensed or certified by the board and the emergency medical services medical 1
director of such a person who is the defendant in a hearing shall be parties to the 2
action and may appear and testify in the matter at any deposition or hearing on the 3
matter and may propose conclusions of law, findings of fact, and penalties to the 4
hearing panel. 5
(17)[(18)] To make a finding or recommend discipline, the two (2) members of the 6
hearing panel who are not the hearing officer shall agree on the finding or 7
discipline. In the event of a tie vote, the hearing officer shall cast the deciding vote. 8
(18)[(19)] The final order in any disciplinary proceeding shall be prepared by the 9
executive director and sent to all parties in the manner prescribed by law. 10
(19)[(20)] Any person or entity aggrieved by a final order of the board may appeal to the 11
Franklin Circuit Court in accordance with the provisions of KRS Chapter 13B. 12
(20)[(21)] The only discipline that the board may impose against an emergency medical 13
services medical director is denial, suspension or withdrawal of the board's approval 14
for that person to serve as an emergency medical services medical director. 15
(21)[(22)] If the executive director substantiates that sexual contact occurred between a 16
licensee or certificate holder and a patient while the patient was under the care of or 17
in a professional relationship with the licensee or certificate holder, the license or 18
certification may be revoked or suspended with mandatory treatment of the person 19
as prescribed by the executive director. The executive director may require the 20
licensee or certificate holder to pay a specified amount for mental health services 21
for the patient which are needed as a result of the sexual contact. 22
(22) Except as specified in this section, all board proceedings, including the 23
complaint, answer, and other records relating to a disciplinary proceeding, shall 24
be confidential until a final determination is made by the board, except: 25
(a) The board may turn over to the Attorney General, the United States 26
Attorney, Commonwealth's attorney, or county attorney of the jurisdiction 27 UNOFFICIAL COPY 22 RS HB 777/GA
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in which the offense allegedly occurred, evidence that may be used in 1
criminal proceedings; and 2
(b) If the complainant or alleged violator publicly discloses the existence of a 3
preliminary inquiry, the board may publicly confirm the existence of the 4
inquiry and, in its discretion, make public any documents that were issued 5
to either party. 6
Section 7. KRS 311A.190 is amended to read as follows: 7
(1) Each licensed ambulance provider, mobile integrated healthcare program, and 8
medical first response provider as defined in this chapter shall collect and provide to 9
the board patient care record data and information required by the board by this 10
chapter and administrative regulation. 11
(2) The board shall develop a patient care record form for the use of each class of 12
ambulance provider, mobile integrated healthcare program, and medical first 13
response provider containing the data required in subsection (1) of this section. An 14
ambulance provider, mobile integrated healthcare program, or medical first 15
response provider may utilize any patient care record form it chooses in lieu of or in 16
addition to the board developed patient care record form. However, the data 17
captured on the patient care record form utilized by the ambulance service[ 18
provider], mobile integrated healthcare program, or medical first response provider 19
shall include at least the[that] data that[which] is required by the administrative 20
regulations promulgated pursuant to subsection (1) of this section. 21
(3) An ambulance provider, mobile integrated healthcare program, or medical first 22
response provider shall report the required patient care record data as prescribed 23
through administrative regulations promulgated by the board by transmitting the 24
required data and information to the board in an electronic format. If the board 25
requires the use of a specific electronic format, it shall provide a copy of the file 26
layout requirements, in either written or electronic format, to the licensed 27 UNOFFICIAL COPY 22 RS HB 777/GA
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ambulance provider or medical first response provider at no charge. 1
(4) The board shall[may] publish a comprehensive annual report reflecting the data 2
collected, injury and illness data, treatment utilized, and other information deemed 3
important by the board. The annual report shall not include patient identifying 4
information or any other information identifying a natural person. A copy of the 5
comprehensive annual report, if issued, shall be forwarded to the Governor and the 6
General Assembly. 7
(5) Ambulance provider, mobile integrated healthcare program and medical first 8
response provider patient care records and the information transmitted electronically 9
to the board shall be confidential and in compliance with HIPAA privacy rules 10
referenced in 45 C.F.R. pt. 164. No person shall make an unauthorized release of 11
information on an ambulance provider, mobile integrated healthcare program, or 12
medical first response provider patient care record. Only the patient or the patient's 13
parent or legal guardian if the patient is a minor, or the patient's legal guardian or 14
person with proper power of attorney if the patient is under legal disability as being 15
incompetent or mentally ill, or a court of competent jurisdiction may authorize the 16
release of information on a patient's care record or the inspection or copying of the 17
patient care record. Any authorization for the release of information or for 18
inspection or copying of a patient care record shall be in writing. 19
(6) An ambulance provider or medical first response provider that collects patient data 20
through electronic means shall have the means of providing a patient care record or 21
summary report that includes all required data elements to the medical care facility. 22
A copy of the medical first response patient care record or summary report of the 23
patient care record and patient information shall be made available to the ambulance 24
service that transports the patient. A copy of the ambulance transportation and 25
medical[run] report forms[form] shall be made available to any medical care 26
facility to which a patient is transported and shall be included in the patient's 27 UNOFFICIAL COPY 22 RS HB 777/GA
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medical record by that facility. If a patient is not transported to a medical facility, 1
the copy of the patient care record that is to be given to the transporting ambulance 2
provider or medical care facility shall be given to the patient or to the patient's 3
parent or legal guardian upon request. If the ambulance provider, medical facility, 4
patient, or patient's legal guardian refuses delivery of their patient care record or is 5
unavailable to receive the form, that copy of the patient care record shall be returned 6
to the medical first response provider or ambulance provider and destroyed. 7
(7) All ambulance services and mobile integrated healthcare programs shall be required 8
to keep adequate reports and records to be maintained at the ambulance base 9
headquarters and to be available for periodic review as deemed necessary by the 10
board. Required records and reports are as follows: 11
(a) Employee records, including a resume of each employee's training and 12
experience and evidence of current certification or licensure; and 13
(b) Health records of all personnel including records of all illnesses or accidents 14
occurring while on duty. 15
(8) Data and records generated and kept by the board or its contractors regarding the 16
evaluation of emergency medical care, mobile integrated healthcare programs, and 17
trauma care in the Commonwealth, including the identities of patients, emergency 18
medical services personnel, ambulance providers, medical first-response providers, 19
and emergency medical facilities, shall be confidential, shall not be subject to 20
disclosure under KRS 61.805 to 61.850 or KRS 61.870 to 61.884, shall not be 21
admissible in court for any purpose, and shall not be subject to discovery. However, 22
nothing in this section shall limit the discoverability or admissibility of patient 23
medical records regularly and ordinarily kept in the course of a patient's treatment 24
that otherwise would be admissible or discoverable. 25
(9) The Cabinet for Health and Family Services shall have complete and immediate 26
access to all data and records maintained by the board or its contractors and may 27 UNOFFICIAL COPY 22 RS HB 777/GA
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use information contained in the data and records to fulfill its responsibilities 1
and requirements for health facilities and services, including but not limited to 2
those duties assigned to the cabinet by KRS 194A.101, 216.2920 to 216.2929, and 3
216B.042. 4
SECTION 8. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 5
READ AS FOLLOWS: 6
(1) The cabinet shall investigate and hold hearings on complaints pertaining to 7
ambulance services licensed under Section 4 of this Act that are transferred to the 8
cabinet by the Kentucky Board of Emergency Medical Services as required by 9
Section 5 of this Act if the cabinet determines a hearing is needed. 10
(2) The hearing shall be before a person designated to serve as hearing officer by the 11
secretary. 12
(3) Within thirty (30) days from the conclusion of the hearing, the findings and 13
recommendations of the hearing officer shall be transmitted to the cabinet, with a 14
synopsis of the evidence contained in the record and a statement of the basis of 15
the hearing officer's findings. The applicant or licensee shall be entitled to be 16
represented at the hearing in person or by counsel, or both, and shall be entitled 17
to introduce testimony by witnesses or, if the cabinet so permits, by depositions. A 18
full and complete record shall be kept of all hearings, and all testimony shall be 19
reported but need not be transcribed unless the decision is appealed pursuant to 20
this chapter. The cabinet shall immediately submit the hearing officer's findings 21
and recommendations or the prepared written findings of fact and statement of 22
the basis for its decision, which shall become part of the record of the 23
proceedings, to the Kentucky Board of Emergency Medical Services. 24
(4) The Kentucky Board of Emergency Medical Services may deny, revoke, modify, 25
or suspend a license in any case in which the cabinet finds that there has been a 26
substantial failure to comply with the provisions of Section 4 of this Act or the 27 UNOFFICIAL COPY 22 RS HB 777/GA
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administrative regulations promulgated hereunder. The denial, revocation, 1
modification, or suspension shall be effected by mailing to the applicant or 2
licensee, by certified mail or other method of delivery which may include 3
electronic service, a notice setting forth the particular reasons for the action. The 4
board shall notify the cabinet within five (5) days of its action in response to the 5
cabinet's findings and recommendations in writing. 6
(5) The denial, revocation, modification, or suspension shall become final and 7
conclusive thirty (30) days after notice is given, unless the applicant or licensee, 8
within the thirty (30) day period, files a request in writing for a hearing with the 9
cabinet. The cabinet shall notify the board of its actions within five (5) days of 10
receiving a hearing request. All decisions revoking, suspending, modifying, or 11
denying licenses shall be made by the board in writing. The board shall notify the 12
applicant or licensee of the decision. 13
(6) The decision of the board shall be final for purposes of judicial appeal upon 14
notice of the board's decision. 15
Section 9. KRS 216B.020 is amended to read as follows: 16
(1) The provisions of this chapter that relate to the issuance of a certificate of need shall 17
not apply to abortion facilities as defined in KRS 216B.015; any hospital which 18
does not charge its patients for hospital services and does not seek or accept 19
Medicare, Medicaid, or other financial support from the federal government or any 20
state government; assisted living residences; family care homes; state veterans' 21
nursing homes; services provided on a contractual basis in a rural primary-care 22
hospital as provided under KRS 216.380; community mental health centers for 23
services as defined in KRS Chapter 210; primary care centers; rural health clinics; 24
private duty nursing services operating as nursing pools; group homes; licensed 25
residential crisis stabilization units; licensed free-standing residential substance use 26
disorder treatment programs with sixteen (16) or fewer beds, but not including 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Levels I and II psychiatric residential treatment facilities or licensed psychiatric 1
inpatient beds; outpatient behavioral health treatment, but not including partial 2
hospitalization programs; end stage renal disease dialysis facilities, freestanding or 3
hospital based; swing beds; special clinics, including but not limited to wellness, 4
weight loss, family planning, disability determination, speech and hearing, 5
counseling, pulmonary care, and other clinics which only provide diagnostic 6
services with equipment not exceeding the major medical equipment cost threshold 7
and for which there are no review criteria in the state health plan; nonclinically 8
related expenditures; nursing home beds that shall be exclusively limited to on-9
campus residents of a certified continuing care retirement community; home health 10
services provided by a continuing care retirement community to its on-campus 11
residents; the relocation of hospital administrative or outpatient services into 12
medical office buildings which are on or contiguous to the premises of the hospital; 13
the relocation of acute care beds which occur among acute care hospitals under 14
common ownership and which are located in the same area development district so 15
long as there is no substantial change in services and the relocation does not result 16
in the establishment of a new service at the receiving hospital for which a certificate 17
of need is required; the redistribution of beds by licensure classification within an 18
acute care hospital so long as the redistribution does not increase the total licensed 19
bed capacity of the hospital; residential hospice facilities established by licensed 20
hospice programs; [or ]the following health services provided on site in an existing 21
health facility when the cost is less than six hundred thousand dollars ($600,000) 22
and the services are in place by December 30, 1991: psychiatric care where 23
chemical dependency services are provided, level one (1) and level two (2) of 24
neonatal care, cardiac catheterization, and open heart surgery where cardiac 25
catheterization services are in place as of July 15, 1990; or ambulance services 26
operating in accordance with subsections (6), (7), or (8) of this section. [The 27 UNOFFICIAL COPY 22 RS HB 777/GA
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provisions of this section shall not apply to nursing homes, personal care homes, 1
intermediate care facilities, and family care homes; or nonconforming ambulance 2
services as defined by administrative regulation. ]These listed facilities or services 3
shall be subject to licensure, when applicable. 4
(2) Nothing in this chapter shall be construed to authorize the licensure, supervision, 5
regulation, or control in any manner of: 6
(a) Private offices and clinics of physicians, dentists, and other practitioners of 7
the healing arts, except any physician's office that meets the criteria set forth 8
in KRS 216B.015(5) or that meets the definition of an ambulatory surgical 9
center as set out in KRS 216B.015; 10
(b) Office buildings built by or on behalf of a health facility for the exclusive use 11
of physicians, dentists, and other practitioners of the healing arts; unless the 12
physician's office meets the criteria set forth in KRS 216B.015(5), or unless 13
the physician's office is also an abortion facility as defined in KRS 216B.015, 14
except no capital expenditure or expenses relating to any such building shall 15
be chargeable to or reimbursable as a cost for providing inpatient services 16
offered by a health facility; 17
(c) Outpatient health facilities or health services that: 18
1. Do not provide services or hold patients in the facility after midnight; 19
and 20
2. Are exempt from certificate of need and licensure under subsection (3) 21
of this section; 22
(d) Dispensaries and first-aid stations located within business or industrial 23
establishments maintained solely for the use of employees, if the facility does 24
not contain inpatient or resident beds for patients or employees who generally 25
remain in the facility for more than twenty-four (24) hours; 26
(e) Establishments, such as motels, hotels, and boarding houses, which provide 27 UNOFFICIAL COPY 22 RS HB 777/GA
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domiciliary and auxiliary commercial services, but do not provide any health 1
related services and boarding houses which are operated by persons 2
contracting with the United States Department of Veterans Affairs for 3
boarding services; 4
(f) The remedial care or treatment of residents or patients in any home or 5
institution conducted only for those who rely solely upon treatment by prayer 6
or spiritual means in accordance with the creed or tenets of any recognized 7
church or religious denomination and recognized by that church or 8
denomination; and 9
(g) On-duty police and fire department personnel assisting in emergency 10
situations by providing first aid or transportation when regular emergency 11
units licensed to provide first aid or transportation are unable to arrive at the 12
scene of an emergency situation within a reasonable time. 13
(3) The following outpatient categories of care shall be exempt from certificate of need 14
and licensure on July 14, 2018: 15
(a) Primary care centers; 16
(b) Special health clinics, unless the clinic provides pain management services 17
and is located off the campus of the hospital that has majority ownership 18
interest; 19
(c) Specialized medical technology services, unless providing a State Health Plan 20
service; 21
(d) Retail-based health clinics and ambulatory care clinics that provide 22
nonemergency, noninvasive treatment of patients; 23
(e) Ambulatory care clinics treating minor illnesses and injuries; 24
(f) Mobile health services, unless providing a service in the State Health Plan; 25
(g) Rehabilitation agencies; 26
(h) Rural health clinics; and 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(i) Off-campus, hospital-acquired physician practices. 1
(4) The exemptions established by subsections (2) and (3) of this section shall not apply 2
to the following categories of care: 3
(a) An ambulatory surgical center as defined by KRS 216B.015(4); 4
(b) A health facility or health service that provides one (1) of the following types 5
of services: 6
1. Cardiac catheterization; 7
2. Megavoltage radiation therapy; 8
3. Adult day health care; 9
4. Behavioral health services; 10
5. Chronic renal dialysis; 11
6. Birthing services; or 12
7. Emergency services above the level of treatment for minor illnesses or 13
injuries; 14
(c) A pain management facility as defined by KRS 218A.175(1); 15
(d) An abortion facility that requires licensure pursuant to KRS 216B.0431; or 16
(e) A health facility or health service that requests an expenditure that exceeds the 17
major medical expenditure minimum. 18
(5) An existing facility licensed as an intermediate care or nursing home shall notify the 19
cabinet of its intent to change to a nursing facility as defined in Public Law 100-20
203. A certificate of need shall not be required for conversion of an intermediate 21
care or nursing home to the nursing facility licensure category. 22
(6) Ambulance services owned and operated by a city government, which propose to 23
provide services in coterminous cities outside of the ambulance service's designated 24
geographic service area, shall not be required to obtain a certificate of need if the 25
governing body of the city in which the ambulance services are to be provided 26
enters into an agreement with the ambulance service to provide services in the city. 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(7) Ambulance services owned by a hospital shall not be required to obtain a 1
certificate of need for the sole purpose of providing non-emergency and 2
emergency transport services originating from its hospital. 3
(8) (a) As used in this subsection, "emergency ambulance transport services" 4
means the transportation of an individual that has an emergency medical 5
condition with acute symptoms of sufficient severity that the absence of 6
immediate medical attention could reasonably be expected to place the 7
individual's health in serious jeopardy or result in the serious impairment 8
or dysfunction of the individual's bodily organs. 9
(b) A city or county government that has conducted a public hearing for the 10
purposes of demonstrating that an imperative need exists in the city or 11
county to provide emergency ambulance transport services within its 12
jurisdictional boundaries shall not be required to obtain a certificate of 13
need for: 14
1. The city or county to directly provide emergency ambulance transport 15
services as defined in this subsection within the city's or county's 16
jurisdictional boundaries; or 17
2. The city or county to enter into a contract with a hospital or hospitals 18
within its jurisdiction, or within an adjoining county if there are no 19
hospitals located within the county, for the provision of emergency 20
ambulance transport services as defined in this subsection within the 21
city's or county's jurisdictional boundaries. 22
(c) Any license obtained under KRS Chapter 311A by a city or county for the 23
provision of ambulance services operating under a certificate of need 24
exclusion pursuant to this subsection shall be held exclusively by the city or 25
county government and shall not be transferrable to any other entity. 26
(d) Prior to obtaining the written agreement of a city, an ambulance service 27 UNOFFICIAL COPY 22 RS HB 777/GA
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operating under a county government certificate of need exclusion pursuant 1
to this subsection shall not provide emergency ambulance transport services 2
within the boundaries of any city that: 3
1. Possesses a certificate of need to provide emergency ambulance 4
services; 5
2. Has an agency or department thereof that holds a certificate of need to 6
provide emergency ambulance services; or 7
3. Is providing emergency ambulance transport services within its 8
jurisdictional boundaries pursuant to this subsection. 9
(9) (a) Except where a certificate of need is not required pursuant to subsections 10
(6), (7), or (8) of this subsection, the cabinet shall grant nonsubstantive 11
review for a certificate of need proposal to establish an ambulance service 12
that: 13
1. Is owned by a city government; 14
2. Is owned by a county government; or 15
3. Is owned by a hospital, provided that the hospital has complied with 16
paragraph (b) of this subsection. 17
(b) A certificate of need proposal by a hospital made pursuant to this subsection 18
shall be accompanied by a written statement of support for the proposal 19
from the county government in which it is located, or, if located within a 20
city, from the city government in which it is located. A hospital making a 21
proposal for a certificate of need under this subsection shall send a written 22
request by certified mail to the mayor or judge/executive of the city or 23
county in which the hospital is located for the city or county to provide a 24
statement of support or non-support for the proposal. A city or county that 25
has received a written request from a hospital for purposes of compliance 26
with this subsection shall respond in writing by certified mail to the hospital 27 UNOFFICIAL COPY 22 RS HB 777/GA
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within thirty (30) days of its receipt indicating its support or non-support for 1
the proposal. The failure of a city or county to respond to the request within 2
thirty (30) days shall be deemed to be the support of the city or county if the 3
hospital submits proof to the cabinet of its request and the non-response as 4
part of its proposal. 5
(c) An ambulance service established under this subsection shall not be 6
transferred to another entity that does not meet the requirements of 7
subparagraphs 1., 2., or 3. of paragraph (a) of this subsection without first 8
obtaining a substantive certificate of need. 9
(10) Notwithstanding any other provision of law, a continuing care retirement 10
community's nursing home beds shall not be certified as Medicaid eligible unless a 11
certificate of need has been issued authorizing applications for Medicaid 12
certification. The provisions of subsection (5) of this section notwithstanding, a 13
continuing care retirement community shall not change the level of care licensure 14
status of its beds without first obtaining a certificate of need. 15
(11) An ambulance service established under subsection (9) of this section shall not be 16
transferred to an entity that does not qualify under subsection (9) of this section 17
without first obtaining a substantive certificate of need. 18
Section 10. KRS 216B.095 is amended to read as follows: 19
(1) An applicant may waive the procedures for formal review of an application for a 20
certificate of need and request a nonsubstantive review as provided below. The 21
cabinet may grant or deny nonsubstantive review status within ten (10) days of the 22
date the application is deemed completed and shall give notice to all affected 23
persons of the decision to conduct a nonsubstantive review. Any affected person 24
other than the applicant may request a hearing by filing a request with the cabinet 25
within ten (10) days of the notice to conduct a nonsubstantive review. As 26
applicable, hearings shall be conducted as provided in KRS 216B.085. Based solely 27 UNOFFICIAL COPY 22 RS HB 777/GA
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upon the record established with regard to the matter, the cabinet shall approve or 1
deny a certificate of need on all projects assigned nonsubstantive review status 2
within thirty-five (35) days of the determination of nonsubstantive review status. If 3
the application is denied nonsubstantive review status, it shall automatically be 4
placed in the formal review process. 5
(2) If a certificate of need is denied following a nonsubstantive review, the applicant 6
may request that the application be placed in the next cycle of the formal review 7
process. Nothing in this subsection shall require an applicant to pursue a formal 8
review before obtaining judicial review pursuant to KRS 216B.115. 9
(3) The cabinet may grant nonsubstantive review status to an application for a 10
certificate of need which is required: 11
(a) To change the location of a proposed health facility; 12
(b) To replace or relocate a licensed health facility, if there is no substantial 13
change in health services or substantial change in bed capacity; 14
(c) To replace or repair worn equipment if the worn equipment has been used by 15
the applicant in a health facility for five (5) years or more; 16
(d) For cost escalations; or 17
(e) [To establish an industrial ambulance service; or 18
(f) ]In other circumstances the cabinet by administrative regulation may 19
prescribe. 20
(4) Notwithstanding any other provision to the contrary in this chapter, the cabinet may 21
approve a certificate of need for a project required for the purposes set out in 22
paragraphs (a) to (e)[(f)] of subsection (3) of this section, unless it finds the facility 23
or service with respect to which the capital expenditure is proposed to be made is 24
not required; or to the extent the facility or services contemplated by the proposed 25
capital expenditure is addressed in the state health plan, the cabinet finds that the 26
capital expenditure is not consistent with the state health plan. 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(5) The decision of the cabinet approving or denying a certificate of need pursuant to 1
this section shall be final for purposes of judicial appeal, unless the applicant 2
requests the application be placed in the formal review process. An approved 3
certificate shall be issued thirty (30) days after notice of the cabinet's decision, 4
unless a judicial appeal is taken and issuance is enjoined by the court. 5
(6) Notwithstanding any other provision of law, the cabinet shall not grant 6
nonsubstantive review status to a certificate of need application that indicates an 7
intent to apply for Medicaid certification of nursing home beds within a continuing 8
care retirement community established under KRS 216B.015, 216B.020, 216B.330, 9
and 216B.332. 10
(7) Notwithstanding any provision of state law or the state health plan promulgated by 11
administrative regulation in accordance with KRS 216B.040, the cabinet shall grant 12
nonsubstantive review for a certificate of need proposal to establish an ambulatory 13
surgical center if the applicant complies with the following: 14
(a) The applicant is an ambulatory surgical center that was organized and in 15
operation as the private office of a physician or physician group prior to 16
October 1, 2006; 17
(b) 1. The cabinet's general counsel has submitted a letter to the Accreditation 18
Association for Ambulatory Health Care advising that the cabinet does 19
not object to the applicant's parent company applying for and obtaining 20
Medicare certification; or 21
2. The applicant is an ambulatory surgical center that has received from the 22
cabinet a favorable advisory opinion dated June 14, 2005, confirming 23
that the applicant would be exempt from the certificate of need or 24
licensure requirement; 25
(c) The applicant's ambulatory surgical center has been inspected and accredited 26
by the Accreditation Association for Ambulatory Health Care since December 27 UNOFFICIAL COPY 22 RS HB 777/GA
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31, 2006, and has maintained accreditation with that organization consistently 1
since that time; and 2
(d) The applicant was a party to litigation concerning the ambulatory surgical 3
center and physician office issue and, prior to July 12, 2012, obtained a Court 4
of Appeals ruling in its favor. 5
Section 11. KRS 189.910 is amended to read as follows: 6
(1) As used in KRS 189.920 to 189.950, "emergency vehicle" means any vehicle used 7
for emergency purposes by: 8
(a) The Department of Kentucky State Police; 9
(b) A public police department; 10
(c) The Department of Corrections; 11
(d) A sheriff's office; 12
(e) A rescue squad; 13
(f) An emergency management agency if it is a publicly owned vehicle; 14
(g) A licensed[An] ambulance service, mobile integrated healthcare program, or 15
medical first response provider licensed by the Kentucky Board of Emergency 16
Medical Services, for any vehicle used to respond to emergencies or to 17
transport a patient with a critical medical condition; 18
(h) Any vehicle commandeered by a police officer; 19
(i) Any vehicle with the emergency lights required under KRS 189.920 used by a 20
paid or volunteer fireman or paid or volunteer ambulance personnel, or a paid 21
or local emergency management director while responding to an emergency or 22
to a location where an emergency vehicle is on emergency call; 23
(j) An elected coroner granted permission to equip a publicly or privately owned 24
motor vehicle with lights and siren pursuant to KRS 189.920; 25
(k) A deputy coroner granted permission to equip a publicly or privately owned 26
motor vehicle with lights and siren pursuant to KRS 189.920;[ or] 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(l) Any vehicle used by an organ procurement organization while transporting 1
a human organ or tissue for the purpose of organ recovery or 2
transplantation in an emergency situation involving an imminent health 3
risk; or 4
(m) A conservation officer of the Kentucky Department of Fish and Wildlife 5
Resources. 6
(2) As used in KRS 189.920 to 189.950, "public safety vehicle" means public utility 7
repair vehicle; wreckers; state, county, or municipal service vehicles and 8
equipment; highway equipment which performs work that requires stopping and 9
standing or moving at slow speeds within the traveled portions of highways; and 10
vehicles which are escorting wide-load or slow-moving trailers or trucks. 11
Section 12. KRS 189.940 is amended to read as follows: 12
(1) Except as provided in KRS 189.920, the speed limitations set forth in the Kentucky 13
Revised Statutes do not apply to[ emergency vehicles]: 14
(a) 1. Emergency vehicles when responding to emergency calls;[ or] 15
2.[(b)] [To ]Police vehicles when in pursuit of an actual or suspected 16
violator of the law; [or] 17
3.[(c)] [To ]Ambulances when transporting a patient to medical care 18
facilities; or 19
4. Any vehicle used by an organ procurement organization while 20
transporting a human organ or tissue for the purpose of organ 21
recovery or transplantation in an emergency situation involving an 22
imminent health risk; and 23
(b)[(d)] Emergency vehicles when the driver thereof is giving the warning 24
required by subsection (5)(a) and (b) of this section. 25
No portion of this subsection shall be construed to relieve the driver of the duty to 26
operate the vehicle with due regard for the safety of all persons using the street or 27 UNOFFICIAL COPY 22 RS HB 777/GA
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highway. 1
(2) The driver of an emergency vehicle, when responding to an emergency call, or of a 2
police vehicle in pursuit of an actual or suspected violator of the law, or of an 3
ambulance transporting a patient to a medical care facility and giving the warning 4
required by subsection (5) of this section, upon approaching any red light or stop 5
signal or any stop sign shall slow down as necessary for safety to traffic, but may 6
proceed past such red or stop light or stop sign with due regard for the safety of 7
persons using the street or highway. 8
(3) The driver of an emergency vehicle, when responding to an emergency call, or of a 9
police vehicle in pursuit of an actual or suspected violator of the law, or of an 10
ambulance transporting a patient to a medical care facility, or a vehicle used by an 11
organ procurement organization transporting a human organ or tissue, and 12
giving warning required by subsection (5) of this section, may drive on the left side 13
of any highway or in the opposite direction of a one-way street provided the normal 14
lanes of traffic are blocked and he does so with due regard for the safety of all 15
persons using the street or highway. 16
(4) The driver of an emergency or public safety vehicle may stop or park his vehicle 17
upon any street or highway without regard to the provisions of KRS 189.390 and 18
189.450, provided that, during the time the vehicle is parked at the scene of an 19
emergency, at least one (1) warning light is in operation at all times. 20
(5) The driver of an emergency vehicle desiring the use of any option granted by 21
subsections (1) through (3) of this section shall give warning in the following 22
manner: 23
(a) By illuminating the vehicle's warning lights continuously during the period of 24
the emergency; and 25
(b) By continuous sounding of the vehicle's siren, bell, or exhaust whistle; unless 26
(c) The vehicle is an ambulance and the driver is of the opinion that sounding of 27 UNOFFICIAL COPY 22 RS HB 777/GA
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the siren, bell, or exhaust whistle would be detrimental to the victim's 1
health. In the event the driver of an ambulance elects not to use the siren, bell, 2
or exhaust whistle he shall not proceed past red lights or drive in the opposite 3
direction on a one-way street or in oncoming lanes of traffic unless no other 4
vehicles are within five hundred (500) feet of the front of the ambulance. The 5
driver shall not extinguish the warning lights during the period of the 6
emergency. 7
(6) No driver or operator of any emergency or public safety or other vehicle shall use 8
the warning lights or siren, bell, or exhaust whistle of his vehicle for any purposes 9
or under any circumstances other than those permitted by KRS 189.910 to 189.950. 10
(7) KRS 189.910 to 189.950 does not relieve the driver of any emergency or public 11
safety vehicle from the duty to drive with due regard for the safety of all persons 12
and property upon the highway. 13
Section 13. KRS 324B.030 is amended to read as follows: 14
(1) The Department of Professional Licensing in the Public Protection Cabinet shall 15
provide administrative services, technical assistance, and advice to the following 16
boards and commissions at the request of the individual boards or commissions, all 17
of which maintain their identity and their full authority for making policy decisions 18
in the fields that they regulate: the State Board of Accountancy, the Kentucky Board 19
of Architects, the Kentucky Board of Barbering, the Kentucky Board of 20
Cosmetology, the State Board of Podiatry, the Kentucky State Board of Chiropractic 21
Examiners, the Kentucky Board of Dentistry, the State Board of Embalmers and 22
Funeral Directors, the State Board of Registration for Professional Engineers and 23
Land Surveyors, the Kentucky Board of Nursing, the Kentucky Board of 24
Ophthalmic Dispensers, the Kentucky Board of Optometric Examiners, the 25
Kentucky Board of Pharmacy, the State Board of Physical Therapy, the State Board 26
of Examiners of Psychologists, the Kentucky Real Estate Commission, the 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Kentucky Board of Veterinary Examiners, the Board of Auctioneers, the Kentucky 1
Board of Landscape Architects, the State Board of Medical Licensure, the Board of 2
Speech-Language Pathology and Audiology, the Kentucky Board of Licensure for 3
Nursing Home Administrators, the Kentucky Licensing Board for Specialists in 4
Hearing Instruments, the Kentucky Board of Social Work, the Kentucky Board of 5
Emergency Medical Services, and any other boards and commissions that are 6
created to license, certify, register, or otherwise regulate any occupational or 7
professional category. 8
(2) The department may also provide administrative services to a board or commission 9
that is created to license, certify, register, or otherwise regulate any occupational or 10
professional category if these administrative services are deemed to be preferable or 11
required after the review process conducted under KRS 324B.040. 12
(3) To the extent that the department provides administrative services, the respective 13
boards and commissions are relieved of the power and duty to provide the services 14
for themselves. The department shall charge each board or commission a reasonable 15
amount for administrative services provided pursuant to subsection (1) of this 16
section. The department may employ persons previously employed by boards or 17
commissions. 18
(4) The department may receive complaints against the conduct of licensees granted 19
licensure by the boards and commissions assigned to the department for 20
administrative purposes. The department shall cause these complaints to be reduced 21
to writing and forwarded to the appropriate board or commission for investigation 22
and a determination of the validity of the complaint. The department shall keep a 23
record of all complaints received by it and forwarded to a board or commission. 24
(5) Any board or commission listed in subsection (1) of this section, shall accept 25
personal checks in payment of license renewal fees. 26
SECTION 14. A NEW SECTION OF KRS CHAPTER 311A IS CREATED 27 UNOFFICIAL COPY 22 RS HB 777/GA
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TO READ AS FOLLOWS: 1
(1) Except for personnel under subsection (2) of this section, personnel employed by 2
the Kentucky Board of Emergency Medical Services under the Kentucky 3
Community and Technical College System shall be transferred to the Kentucky 4
Board of Emergency Medical Services in the KRS Chapter 18A personnel system 5
along with the funding associated with those employees. 6
(2) (a) Personnel employed by the Kentucky Board of Emergency Medical Services 7
under the Kentucky Community and Technical College System who 8
participate in a defined contribution plan that meets the requirements of 26 9
U.S.C. sec. 403(b) for employees of the Kentucky Community and Technical 10
College System, may choose to remain in their present employment and be 11
assigned to the board to continue providing these services or become an 12
employee of the board under the KRS Chapter 18A personnel system. 13
(b) An employee shall make his or her choice under paragraph (a) of this 14
subsection within thirty (30) days following the effective date of this Act and 15
shall have access to counseling by representatives of the KRS Chapter 18A 16
personnel system, the Kentucky Community and Technical College System, 17
and applicable retirement systems concerning the effect the choice of 18
employment would have on the employee. If an employee does not make a 19
choice within thirty (30) days following the effective date of this Act, that 20
employee shall be deemed to have chosen to exercise the option to become 21
an employee of the board under the KRS Chapter 18A personnel system. 22
(3) Employees transferred pursuant to subsections (1) and (2) of this section shall 23
retain: 24
(a) Their salaries and leave time balances accumulated as of the transfer date; 25
(b) For purposes of determining leave time accumulation, the date of initial 26
employment with a state agency or a postsecondary educational institution, 27 UNOFFICIAL COPY 22 RS HB 777/GA
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whichever is earlier; and 1
(c) For purposes of calculating retirement and retiree health benefits and 2
contributions, the earlier of the date of initial participation or membership 3
date, in: 4
1. A state-administered retirement system if the employee has 5
participated or is participating in the Kentucky Employees Retirement 6
System; or 7
2. A defined contribution plan that meets requirements of 26 U.S.C. sec. 8
403(b) for employees of the Kentucky Community and Technical 9
College System. 10
Nothing in this paragraph shall be construed to provide additional service 11
credit for the employee prior to the transfer date other than what has been 12
credited to the appropriate retirement system. 13
(4) All existing state general fund moneys appropriated to the board, all federal 14
funds, all moneys collected by the board, all equipment owned by the board, and 15
instructional supplies, equipment, funds, and records of the Kentucky 16
Community and Technical College System associated with the Kentucky Board of 17
Emergency Medical Services shall be transferred to the Kentucky Board of 18
Emergency Medical Services in the KRS Chapter 18A personnel system along 19
with all financial and management oversight responsibility and liability. 20
Section 15. KRS 61.510 is amended to read as follows: 21
As used in KRS 61.510 to 61.705, unless the context otherwise requires: 22
(1) "System" means the Kentucky Employees Retirement System created by KRS 23
61.510 to 61.705; 24
(2) "Board" means the board of trustees of the system as provided in KRS 61.645; 25
(3) "Department" means any state department or board or agency participating in the 26
system in accordance with appropriate executive order, as provided in KRS 61.520. 27 UNOFFICIAL COPY 22 RS HB 777/GA
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For purposes of KRS 61.510 to 61.705, the members, officers, and employees of the 1
General Assembly and any other body, entity, or instrumentality designated by 2
executive order by the Governor, shall be deemed to be a department, 3
notwithstanding whether said body, entity, or instrumentality is an integral part of 4
state government; 5
(4) "Examiner" means the medical examiners as provided in KRS 61.665; 6
(5) "Employee" means the members, officers, and employees of the General Assembly 7
and every regular full-time, appointed or elective officer or employee of a 8
participating department, including the Department of Military Affairs. The term 9
does not include persons engaged as independent contractors, seasonal, emergency, 10
temporary, interim, and part-time workers. In case of any doubt, the board shall 11
determine if a person is an employee within the meaning of KRS 61.510 to 61.705; 12
(6) "Employer" means a department or any authority of a department having the power 13
to appoint or select an employee in the department, including the Senate and the 14
House of Representatives, or any other entity, the employees of which are eligible 15
for membership in the system pursuant to KRS 61.525; 16
(7) "State" means the Commonwealth of Kentucky; 17
(8) "Member" means any employee who is included in the membership of the system or 18
any former employee whose membership has not been terminated under KRS 19
61.535; 20
(9) "Service" means the total of current service and prior service as defined in this 21
section; 22
(10) "Current service" means the number of years and months of employment as an 23
employee, on and after July 1, 1956, except that for members, officers, and 24
employees of the General Assembly this date shall be January 1, 1960, for which 25
creditable compensation is paid and employee contributions deducted, except as 26
otherwise provided, and each member, officer, and employee of the General 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Assembly shall be credited with a month of current service for each month he 1
serves in the position; 2
(11) "Prior service" means the number of years and completed months, expressed as a 3
fraction of a year, of employment as an employee, prior to July 1, 1956, for which 4
creditable compensation was paid; except that for members, officers, and employees 5
of the General Assembly, this date shall be January 1, 1960. An employee shall be 6
credited with one (1) month of prior service only in those months he received 7
compensation for at least one hundred (100) hours of work; provided, however, that 8
each member, officer, and employee of the General Assembly shall be credited with 9
a month of prior service for each month he served in the position prior to January 1, 10
1960. Twelve (12) months of current service in the system are required to validate 11
prior service; 12
(12) "Accumulated contributions" at any time means the sum of all amounts deducted 13
from the compensation of a member and credited to his individual account in the 14
members' account, including employee contributions picked up after August 1, 15
1982, pursuant to KRS 61.560(4), together with interest credited, on such amounts 16
and any other amounts the member shall have contributed thereto, including interest 17
credited thereon. For members who begin participating on or after September 1, 18
2008, "accumulated contributions" shall not include employee contributions that are 19
deposited into accounts established pursuant to 26 U.S.C. sec. 401(h) within the 20
funds established in KRS 16.510 and 61.515, as prescribed by KRS 61.702(3)(b); 21
(13) "Creditable compensation": 22
(a) Means all salary, wages, tips to the extent the tips are reported for income tax 23
purposes, and fees, including payments for compensatory time, paid to the 24
employee as a result of services performed for the employer or for time during 25
which the member is on paid leave, which are includable on the member's 26
federal form W-2 wage and tax statement under the heading "wages, tips, 27 UNOFFICIAL COPY 22 RS HB 777/GA
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other compensation," including employee contributions picked up after 1
August 1, 1982, pursuant to KRS 61.560(4). For members of the General 2
Assembly, it shall mean all amounts which are includable on the member's 3
federal form W-2 wage and tax statement under the heading "wages, tips, 4
other compensation," including employee contributions picked up after 5
August 1, 1982, pursuant to KRS 6.505(4) or 61.560(4); 6
(b) Includes: 7
1. Lump-sum bonuses, severance pay, or employer-provided payments for 8
purchase of service credit, which shall be averaged over the employee's 9
total service with the system in which it is recorded if it is equal to or 10
greater than one thousand dollars ($1,000); 11
2. Cases where compensation includes maintenance and other perquisites, 12
but the board shall fix the value of that part of the compensation not paid 13
in money; 14
3. Lump-sum payments for creditable compensation paid as a result of an 15
order of a court of competent jurisdiction, the Personnel Board, or the 16
Commission on Human Rights, or for any creditable compensation paid 17
in anticipation of settlement of an action before a court of competent 18
jurisdiction, the Personnel Board, or the Commission on Human Rights, 19
including notices of violations of state or federal wage and hour statutes 20
or violations of state or federal discrimination statutes, which shall be 21
credited to the fiscal year during which the wages were earned or should 22
have been paid by the employer. This subparagraph shall also include 23
lump-sum payments for reinstated wages pursuant to KRS 61.569, 24
which shall be credited to the period during which the wages were 25
earned or should have been paid by the employer; 26
4. Amounts which are not includable in the member's gross income by 27 UNOFFICIAL COPY 22 RS HB 777/GA
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virtue of the member having taken a voluntary salary reduction provided 1
for under applicable provisions of the Internal Revenue Code; and 2
5. Elective amounts for qualified transportation fringes paid or made 3
available on or after January 1, 2001, for calendar years on or after 4
January 1, 2001, that are not includable in the gross income of the 5
employee by reason of 26 U.S.C. sec. 132(f)(4); and 6
(c) Excludes: 7
1. Living allowances, expense reimbursements, lump-sum payments for 8
accrued vacation leave, and other items determined by the board; 9
2. For employees who begin participating on or after September 1, 2008, 10
lump-sum payments for compensatory time; 11
3. For employees who begin participating on or after August 1, 2016, 12
nominal fees paid for services as a volunteer; and 13
4. Any salary or wages paid to an employee for services as a Kentucky 14
State Police school resource officer as defined by KRS 158.441; 15
(14) "Final compensation" of a member means: 16
(a) For a member who begins participating before September 1, 2008, who is 17
employed in a nonhazardous position, the creditable compensation of the 18
member during the five (5) fiscal years he or she was paid at the highest 19
average monthly rate divided by the number of months of service credit during 20
that five (5) year period multiplied by twelve (12). The five (5) years may be 21
fractional and need not be consecutive. If the number of months of service 22
credit during the five (5) year period is less than forty-eight (48), one (1) or 23
more additional fiscal years shall be used; 24
(b) For a member who is employed in a nonhazardous position, whose effective 25
retirement date is between August 1, 2001, and January 1, 2009, and whose 26
total service credit is at least twenty-seven (27) years and whose age and years 27 UNOFFICIAL COPY 22 RS HB 777/GA
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of service total at least seventy-five (75), final compensation means the 1
creditable compensation of the member during the three (3) fiscal years the 2
member was paid at the highest average monthly rate divided by the number 3
of months of service credit during that three (3) years period multiplied by 4
twelve (12). The three (3) years may be fractional and need not be 5
consecutive. If the number of months of service credit during the three (3) 6
year period is less than twenty-four (24), one (1) or more additional fiscal 7
years shall be used. Notwithstanding the provision of KRS 61.565, the 8
funding for this paragraph shall be provided from existing funds of the 9
retirement allowance; 10
(c) For a member who begins participating before September 1, 2008, who is 11
employed in a hazardous position, as provided in KRS 61.592, the creditable 12
compensation of the member during the three (3) fiscal years he or she was 13
paid at the highest average monthly rate divided by the number of months of 14
service credit during that three (3) year period multiplied by twelve (12). The 15
three (3) years may be fractional and need not be consecutive. If the number of 16
months of service credit during the three (3) year period is less than twenty-17
four (24), one (1) or more additional fiscal years shall be used; 18
(d) For a member who begins participating on or after September 1, 2008, but 19
prior to January 1, 2014, who is employed in a nonhazardous position, the 20
creditable compensation of the member during the five (5) complete fiscal 21
years immediately preceding retirement divided by five (5). Each fiscal year 22
used to determine final compensation must contain twelve (12) months of 23
service credit. If the member does not have five (5) complete fiscal years that 24
each contain twelve (12) months of service credit, then one (1) or more 25
additional fiscal years, which may contain less than twelve (12) months of 26
service credit, shall be added until the number of months in the final 27 UNOFFICIAL COPY 22 RS HB 777/GA
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compensation calculation is at least sixty (60) months; or 1
(e) For a member who begins participating on or after September 1, 2008, but 2
prior to January 1, 2014, who is employed in a hazardous position as provided 3
in KRS 61.592, the creditable compensation of the member during the three 4
(3) complete fiscal years he or she was paid at the highest average monthly 5
rate divided by three (3). Each fiscal year used to determine final 6
compensation must contain twelve (12) months of service credit. If the 7
member does not have three (3) complete fiscal years that each contain twelve 8
(12) months of service credit, then one (1) or more additional fiscal years, 9
which may contain less than twelve (12) months of service credit, shall be 10
added until the number of months in the final compensation calculation is at 11
least thirty-six (36) months; 12
(15) "Final rate of pay" means the actual rate upon which earnings of an employee were 13
calculated during the twelve (12) month period immediately preceding the 14
member's effective retirement date, including employee contributions picked up 15
after August 1, 1982, pursuant to KRS 61.560(4). The rate shall be certified to the 16
system by the employer and the following equivalents shall be used to convert the 17
rate to an annual rate: two thousand eighty (2,080) hours for eight (8) hour 18
workdays, nineteen hundred fifty (1,950) hours for seven and one-half (7-1/2) hour 19
workdays, two hundred sixty (260) days, fifty-two (52) weeks, twelve (12) months, 20
one (1) year; 21
(16) "Retirement allowance" means the retirement payments to which a member is 22
entitled; 23
(17) "Actuarial equivalent" means a benefit of equal value when computed upon the 24
basis of the actuarial tables that are adopted by the board. In cases of disability 25
retirement, the options authorized by KRS 61.635 shall be computed by adding ten 26
(10) years to the age of the member, unless the member has chosen the Social 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Security adjustment option as provided for in KRS 61.635(8), in which case the 1
member's actual age shall be used. For members who began participating in the 2
system prior to January 1, 2014, no disability retirement option shall be less than the 3
same option computed under early retirement; 4
(18) "Normal retirement date" means the sixty-fifth birthday of a member, unless 5
otherwise provided in KRS 61.510 to 61.705; 6
(19) "Fiscal year" of the system means the twelve (12) months from July 1 through the 7
following June 30, which shall also be the plan year. The "fiscal year" shall be the 8
limitation year used to determine contribution and benefit limits as established by 9
26 U.S.C. sec. 415; 10
(20) "Officers and employees of the General Assembly" means the occupants of those 11
positions enumerated in KRS 6.150. The term shall also apply to assistants who 12
were employed by the General Assembly for at least one (1) regular legislative 13
session prior to July 13, 2004, who elect to participate in the retirement system, and 14
who serve for at least six (6) regular legislative sessions. Assistants hired after July 15
13, 2004, shall be designated as interim employees; 16
(21) "Regular full-time positions," as used in subsection (5) of this section, shall mean 17
all positions that average one hundred (100) or more hours per month determined by 18
using the number of months actually worked within a calendar or fiscal year, 19
including all positions except: 20
(a) Seasonal positions, which although temporary in duration, are positions which 21
coincide in duration with a particular season or seasons of the year and which 22
may recur regularly from year to year, the period of time shall not exceed nine 23
(9) months; 24
(b) Emergency positions which are positions which do not exceed thirty (30) 25
working days and are nonrenewable; 26
(c) Temporary positions which are positions of employment with a participating 27 UNOFFICIAL COPY 22 RS HB 777/GA
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department for a period of time not to exceed nine (9) months and are 1
nonrenewable; 2
(d) Part-time positions which are positions which may be permanent in duration, 3
but which require less than a calendar or fiscal year average of one hundred 4
(100) hours of work per month, determined by using the number of months 5
actually worked within a calendar or fiscal year, in the performance of duty; 6
and 7
(e) Interim positions which are positions established for a one-time or recurring 8
need not to exceed nine (9) months; 9
(22) "Vested" for purposes of determining eligibility for purchasing service credit under 10
KRS 61.552 means the employee has at least forty-eight (48) months of service if 11
age sixty-five (65) or older or at least sixty (60) months of service if under the age 12
of sixty-five (65). For purposes of this subsection, "service" means service in the 13
systems administered by the Kentucky Retirement Systems and County Employees 14
Retirement System; 15
(23) "Parted employer" means a department, portion of a department, board, or agency, 16
such as Outwood Hospital and School, which previously participated in the system, 17
but due to lease or other contractual arrangement is now operated by a publicly held 18
corporation or other similar organization, and therefore is no longer participating in 19
the system. The term "parted employer" shall not include a department, board, or 20
agency that ceased participation in the system pursuant to KRS 61.522; 21
(24) "Retired member" means any former member receiving a retirement allowance or 22
any former member who has filed the necessary documents for retirement benefits 23
and is no longer contributing to the retirement system; 24
(25) "Current rate of pay" means the member's actual hourly, daily, weekly, biweekly, 25
monthly, or yearly rate of pay converted to an annual rate as defined in final rate of 26
pay. The rate shall be certified by the employer; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(26) "Beneficiary" means the person or persons or estate or trust or trustee designated by 1
the member in accordance with KRS 61.542 or 61.705 to receive any available 2
benefits in the event of the member's death. As used in KRS 61.702, "beneficiary" 3
does not mean an estate, trust, or trustee; 4
(27) "Recipient" means the retired member or the person or persons designated as 5
beneficiary by the member and drawing a retirement allowance as a result of the 6
member's death or a dependent child drawing a retirement allowance. An alternate 7
payee of a qualified domestic relations order shall not be considered a recipient, 8
except for purposes of KRS 61.623; 9
(28) "Level percentage of payroll amortization method" means a method of determining 10
the annual amortization payment on the unfunded actuarial accrued liability as 11
expressed as a percentage of payroll over a set period of years but that may be 12
converted to a dollar value for purposes of KRS 61.565(1)(d). Under this method, 13
the percentage of payroll shall be projected to remain constant for all years 14
remaining in the set period of time and the unfunded actuarially accrued liability 15
shall be projected to be fully amortized at the conclusion of the set period of years; 16
(29) "Increment" means twelve (12) months of service credit which are purchased. The 17
twelve (12) months need not be consecutive. The final increment may be less than 18
twelve (12) months; 19
(30) "Person" means a natural person; 20
(31) "Retirement office" means the Kentucky Public Pensions Authority's office building 21
in Frankfort, unless otherwise designated by the Kentucky Public Pensions 22
Authority; 23
(32) "Last day of paid employment" means the last date employer and employee 24
contributions are required to be reported in accordance with KRS 16.543, 61.543, or 25
78.615 to the retirement office in order for the employee to receive current service 26
credit for the month. Last day of paid employment does not mean a date the 27 UNOFFICIAL COPY 22 RS HB 777/GA
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employee receives payment for accrued leave, whether by lump sum or otherwise, if 1
that date occurs twenty-four (24) or more months after previous contributions; 2
(33) "Objective medical evidence" means reports of examinations or treatments; medical 3
signs which are anatomical, physiological, or psychological abnormalities that can 4
be observed; psychiatric signs which are medically demonstrable phenomena 5
indicating specific abnormalities of behavior, affect, thought, memory, orientation, 6
or contact with reality; or laboratory findings which are anatomical, physiological, 7
or psychological phenomena that can be shown by medically acceptable laboratory 8
diagnostic techniques, including but not limited to chemical tests, 9
electrocardiograms, electroencephalograms, X-rays, and psychological tests; 10
(34) "Participating" means an employee is currently earning service credit in the system 11
as provided in KRS 61.543; 12
(35) "Month" means a calendar month; 13
(36) "Membership date" means: 14
(a) The date upon which the member began participating in the system as 15
provided in KRS 61.543; or 16
(b) For a member electing to participate in the system pursuant to KRS 17
196.167(4) or subsection (2) of Section 14 of this Act who has not previously 18
participated in the system or the Kentucky Teachers' Retirement System, the 19
date the member began participating in a defined contribution plan that meets 20
the requirements of 26 U.S.C. sec. 403(b); 21
(37) "Participant" means a member, as defined by subsection (8) of this section, or a 22
retired member, as defined by subsection (24) of this section; 23
(38) "Qualified domestic relations order" means any judgment, decree, or order, 24
including approval of a property settlement agreement, that: 25
(a) Is issued by a court or administrative agency; and 26
(b) Relates to the provision of child support, alimony payments, or marital 27 UNOFFICIAL COPY 22 RS HB 777/GA
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property rights to an alternate payee; 1
(39) "Alternate payee" means a spouse, former spouse, child, or other dependent of a 2
participant, who is designated to be paid retirement benefits in a qualified domestic 3
relations order; 4
(40) "Accumulated employer credit" mean the employer pay credit deposited to the 5
member's account and interest credited on such amounts as provided by KRS 6
16.583 and 61.597; 7
(41) "Accumulated account balance" means: 8
(a) For members who began participating in the system prior to January 1, 2014, 9
the member's accumulated contributions; or 10
(b) For members who began participating in the system on or after January 1, 11
2014, in the hybrid cash balance plan as provided by KRS 16.583 and 61.597, 12
the combined sum of the member's accumulated contributions and the 13
member's accumulated employer credit; 14
(42) "Volunteer" means an individual who: 15
(a) Freely and without pressure or coercion performs hours of service for an 16
employer participating in one (1) of the systems administered by Kentucky 17
Retirement Systems without receipt of compensation for services rendered, 18
except for reimbursement of actual expenses, payment of a nominal fee to 19
offset the costs of performing the voluntary services, or both; and 20
(b) If a retired member, does not become an employee, leased employee, or 21
independent contractor of the employer for which he or she is performing 22
volunteer services for a period of at least twelve (12) months following the 23
retired member's most recent retirement date; 24
(43) "Nominal fee" means compensation earned for services as a volunteer that does not 25
exceed five hundred dollars ($500) per month. Compensation earned for services as 26
a volunteer from more than one (1) participating employer during a month shall be 27 UNOFFICIAL COPY 22 RS HB 777/GA
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aggregated to determine whether the compensation exceeds the five hundred dollars 1
($500) per month maximum provided by this subsection; 2
(44) "Nonhazardous position" means a position that does not meet the requirements of 3
KRS 61.592 or has not been approved by the board as a hazardous position; 4
(45) "Monthly average pay" means: 5
(a) In the case of a member who dies as a direct result of an act in line of duty as 6
defined in KRS 16.505 or who dies as a result of a duty-related injury as 7
defined in KRS 61.621, the higher of the member's monthly final rate of pay 8
or the average monthly creditable compensation earned by the deceased 9
member during his or her last twelve (12) months of employment; or 10
(b) In the case where a member becomes totally and permanently disabled as a 11
direct result of an act in line of duty as defined in KRS 16.505 or becomes 12
disabled as a result of a duty-related injury as defined in KRS 61.621 and is 13
eligible for the benefits provided by KRS 61.621(5)(a), the higher of the 14
member's monthly final rate of pay or the average monthly creditable 15
compensation earned by the disabled member during his or her last twelve 16
(12) months of employment prior to the date the act in line of duty or duty-17
related injury occurred; 18
(46) "Authority" means the Kentucky Public Pensions Authority as provided by KRS 19
61.505; and 20
(47) "Executive director" means the executive director of the Kentucky Public Pensions 21
Authority. 22
Section 16. KRS 205.590 is amended to read as follows: 23
(1) The following technical advisory committees shall be established for the purpose of 24
acting in an advisory capacity to the Advisory Council for Medical Assistance with 25
respect to the administration of the medical assistance program and in performing 26
the function of peer review: 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(a) A Technical Advisory Committee on Physician Services consisting of five (5) 1
physicians appointed by the council of the Kentucky State Medical 2
Association; 3
(b) A Technical Advisory Committee on Hospital Care consisting of five (5) 4
hospital administrators appointed by the board of trustees of the Kentucky 5
Hospital Association; 6
(c) A Technical Advisory Committee on Dental Care consisting of five (5) 7
dentists appointed by the Kentucky Dental Association; 8
(d) A Technical Advisory Committee on Nursing Service consisting of five (5) 9
nurses appointed by the board of directors of the Kentucky State Association 10
of Registered Nurses; 11
(e) A Technical Advisory Committee on Nursing Home Care consisting of six (6) 12
members of which five (5) members shall be appointed by the Kentucky 13
Association of Health Care Facilities, and one (1) member shall be appointed 14
by the Kentucky Association of Nonprofit Homes and Services for the Aging, 15
Inc.; 16
(f) A Technical Advisory Committee on Optometric Care consisting of five (5) 17
members appointed by the Kentucky Optometric Association; 18
(g) A Technical Advisory Committee on Podiatric Care consisting of five (5) 19
podiatrists appointed by the Kentucky Podiatry Association; 20
(h) A Technical Advisory Committee on Primary Care consisting of five (5) 21
primary care providers, two (2) of whom shall represent licensed health 22
maintenance organizations, appointed by the Governor, until such time as an 23
association of primary care providers is established, whereafter the association 24
shall appoint the members; 25
(i) A Technical Advisory Committee on Home Health Care consisting of five (5) 26
members appointed by the board of directors of the Kentucky Home Health 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Association; 1
(j) A Technical Advisory Committee on Consumer Rights and Client Needs 2
consisting of seven (7) members, with one (1) member to be appointed by 3
each of the following organizations: the American Association of Retired 4
Persons Kentucky, the Family Resource Youth Services Coalition of 5
Kentucky, the Kentucky Association of Community Health Workers, the 6
Kentucky Legal Services Corporation, the Arc of Kentucky, the Department 7
of Public Advocacy, and the National Association of Social Workers-8
Kentucky Chapter; 9
(k) A Technical Advisory Committee on Behavioral Health consisting of seven 10
(7) members, with one (1) member to be appointed by each of the following 11
organizations: the Kentucky Mental Health Coalition, the Kentucky 12
Association of Regional Programs, the National Alliance on Mental Illness 13
(NAMI) Kentucky, a statewide mental health consumer organization, the 14
People Advocating Recovery (PAR), the Brain Injury Association of America-15
Kentucky Chapter, and the Kentucky Brain Injury Alliance; 16
(l) A Technical Advisory Committee on Children's Health consisting of ten (10) 17
members, with one (1) member to be appointed by each of the following 18
organizations: the Kentucky Chapter of the American Academy of Pediatrics, 19
the Kentucky PTA, the Kentucky Psychological Association, the Kentucky 20
School Nurses Association, the Kentucky Association for Early Childhood 21
Education, the Family Resource and Youth Services Coalition of Kentucky, 22
the Kentucky Youth Advocates, the Kentucky Association of Hospice and 23
Palliative Care, a parent of a child enrolled in Medicaid or the Kentucky 24
Children's Health Insurance Program appointed by the Kentucky Head Start 25
Association, and a pediatric dentist appointed by the Kentucky Dental 26
Association; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(m) A Technical Advisory Committee on Intellectual and Developmental 1
Disabilities consisting of nine (9) members, one (1) of whom shall be a 2
consumer who participates in a nonresidential community Medicaid waiver 3
program, one (1) of whom shall be a consumer who participates in a 4
residential community Medicaid waiver program, one (1) of whom shall be a 5
consumer representative of a family member who participates in a community 6
Medicaid waiver program, and one (1) of whom shall be a consumer 7
representative of a family member who resides in an ICF/ID facility that 8
accepts Medicaid payments, all of whom shall be appointed by the Governor; 9
one (1) member shall be appointed by the Arc of Kentucky; one (1) member 10
shall be appointed by the Commonwealth Council on Developmental 11
Disabilities; one (1) member shall be appointed by the Kentucky Association 12
of Homes and Services for the Aging; and two (2) members shall be appointed 13
by the Kentucky Association of Private Providers, one (1) of whom shall be a 14
nonprofit provider and one (1) of whom shall be a for-profit provider; 15
(n) A Technical Advisory Committee on Therapy Services consisting of six (6) 16
members, two (2) of whom shall be occupational therapists and shall be 17
appointed by the Kentucky Occupational Therapists Association, two (2) of 18
whom shall be physical therapists and shall be appointed by the Kentucky 19
Physical Therapy Association, and two (2) of whom shall be speech therapists 20
and shall be appointed by the Kentucky Speech-Language-Hearing 21
Association; 22
(o) A Technical Advisory Committee on Pharmacy consisting of seven (7) 23
members, two (2) of whom shall be Kentucky licensed pharmacists who own 24
fewer than ten (10) pharmacies in the Commonwealth and shall be appointed 25
by the Kentucky Independent Pharmacy Alliance, two (2) of whom shall be 26
Kentucky licensed pharmacists and shall be appointed by the Kentucky 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Pharmacy Association, and one (1) member to be appointed by each of the 1
following organizations: the Kentucky Hospital Association, the Kentucky 2
Primary Care Association, and the National Association of Chain Drug Stores; 3
[and] 4
(p) A Technical Advisory Committee on Persons Returning to Society from 5
Incarceration consisting of twelve (12) members of whom: 6
1. One (1) shall be appointed by each of the following organizations: the 7
Kentucky Jailers Association, the Kentucky Medical Association, the 8
Kentucky Association of Nurse Practitioners and Nurse-Midwives, 9
Community Action of Kentucky, the Homeless and Housing Coalition 10
of Kentucky, the Kentucky Office of Drug Control Policy, a Kentucky 11
civil legal aid program, the Kentucky Department of Corrections, the 12
Kentucky Department of Public Advocacy, the Kentucky Association of 13
Regional Programs, and the Kentucky Administrative Office of the 14
Courts; and 15
2. One (1) formerly incarcerated individual who is a current or former 16
Medicaid recipient shall be appointed by Mental Health America of 17
Kentucky; and 18
(q) A Technical Advisory Committee on Emergency Medical Services 19
consisting of seven (7) members, one (1) of whom shall represent the air 20
medical industry and shall be appointed by the Kentucky Chapter of the 21
Association of Air Medical Services; one (1) of whom shall be appointed by 22
the Kentucky Board of Emergency Medical Services; two (2) of whom shall 23
represent the emergency medical services billing industry and shall be 24
members of and appointed by the Kentucky Ambulance Providers 25
Association; two (2) of whom shall represent ground ambulance providers 26
and shall be appointed by the Kentucky Ambulance Providers Association; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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and one (1) of whom shall represent a fire-based emergency medical service 1
and shall be appointed by the Kentucky Association of Fire Chiefs. All 2
members appointed to this committee shall represent emergency medical 3
services providers that operate in Kentucky and shall have experience in 4
interpreting, implementing, or ensuring compliance with Medicaid 5
regulations. 6
(2) The members of the technical advisory committees shall serve until their successors 7
are appointed and qualified. 8
(3) Each appointive member of a committee shall serve without compensation but shall 9
be entitled to reimbursement for actual and necessary expenses in carrying out their 10
duties with reimbursement for expenses being made in accordance with state 11
regulations relating to travel reimbursement. 12
Section 17. Each appointed member of the Kentucky Board of Emergency 13
Medical Services established in Section 1 of this Act shall hold office for a term of four 14
years and until their successors are appointed, except that the members appointed to fill 15
the first vacancy occurring for a term beginning on the effective date of this Act shall be 16
as follows: Two members shall be appointed for one year, two for two years, four for 17
three years, and four for four years, and the respective terms of the first members shall be 18
designated by the Governor at the time of their appointments. Upon the expiration of the 19
respective terms of the members first appointed, the term of each successor shall be for 20
four years and until his or her successor is appointed. 21
Section 18. The transfer of the Kentucky Board of Emergency Medical Services 22
under the Kentucky Community and Technical College System to the Kentucky Board of 23
Emergency Medical Services in the KRS Chapter 18A system as required in Section 14 of 24
this Act shall begin on the effective date of this Act and be completed by September 1, 25
2022. 26
Section 19. Any person serving on the Kentucky Board of Emergency Medical 27 UNOFFICIAL COPY 22 RS HB 777/GA
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Services in a position eliminated on the effective date of this Act whose term has not 1
expired prior to the effective date of this Act may continue to serve in a nonvoting ex 2
officio capacity until the expiration of his or her term. 3
Section 20. The Kentucky Board of Emergency Medical Services shall 4
establish a special committee to: 5
(1) Identify core problems affecting emergency medical services and medical 6
transportation; 7
(2) Review the response times of ambulances and other medical transportation 8
providers; 9
(3) Identify specific recommendations to improve services to patients in need of 10
physical or behavioral health services; 11
(4) Review and recommend changes to current licensing processes to improve existing 12
operating systems; 13
(5) Identify core problems affecting the education and training programs for emergency 14
medical services providers including but not limited to emergency medical 15
technicians and paramedics; 16
(6) Review the existing administrative regulations related to the licensing of 17
ambulances and ambulance providers and data collection; 18
(7) Make recommendations to the board for amending, promulgating, or repealing 19
administrative regulations; and 20
(8) Submit findings and recommendations for action by the General Assembly by 21
December 1, 2022, to the General Assembly and the Interim Joint Committee on 22
Health, Welfare, and Family Services. 23
Section 21. The Kentucky Board of Emergency Medical Services is authorized 24
to promulgate any administrative regulations needed to implement this Act as emergency 25
administrative regulations, accompanied by ordinary administrative regulations. 26
Section 22. The Cabinet for Health and Family Services is authorized to 27 UNOFFICIAL COPY 22 RS HB 777/GA
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promulgate any administrative regulations needed to implement this Act as emergency 1
administrative regulations, accompanied by ordinary administrative regulations. 2
Section 23. The Legislative Research Commission shall establish the 3
Emergency Medical Services Task Force to study the provision of emergency medical 4
services in Kentucky. 5
(1) The duties of the task force shall include but are not limited to a thorough review of: 6
(a) All statutes and administrative regulations governing emergency medical 7
services, including ambulance providers and emergency medical services 8
personnel, to ensure there is quality service delivery; 9
(b) Emergency medical services vehicle specifications for adequacy and safety to 10
facilitate good patient care; 11
(c) Guidelines and standards to assist emergency medical services personnel, 12
ambulance providers, and physicians with medical oversight; 13
(d) Administrative regulations affecting the training of pre-hospital care providers 14
including guidelines for each level of certification and licensure, standardized 15
education and testing curricula, continuing education requirements, and 16
monitoring of emergency medical services training programs for quality 17
assurance; 18
(e) Strategies for recruitment and retention of the emergency medical services 19
workforce; 20
(f) Improvements for the delivery of services to patients in need of physical or 21
behavioral health services; and 22
(g) Other issues relating to emergency medical services and medical 23
transportation as deemed necessary by the task force. 24
(2) The Emergency Medical Services Task Force shall be composed of the following 25
members with final membership of the task force being subject to the consideration 26
and approval of the Legislative Research Commission: 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(a) Two members of the House of Representatives appointed by the Speaker of 1
the House of Representatives, one of whom shall be designated by the Speaker 2
of the House of Representatives as a co-chair of the task force; 3
(b) One member of the House of Representatives appointed by the Minority Floor 4
Leader of the House of Representatives; 5
(c) Two members of the Senate appointed by the President of the Senate, one of 6
whom shall be designated by the President of the Senate as a co-chair of the 7
task force; 8
(d) One member of the Senate appointed by the Minority Floor Leader of the 9
Senate; 10
(e) The secretary of the Cabinet for Health and Family Services, or his or her 11
designee; 12
(f) The inspector general of the Cabinet for Health and Family Services, or his or 13
her designee; 14
(g) The chair of the Kentucky Board of Emergency Medical Services or his or her 15
designee; 16
(h) The medical advisor for the Kentucky Board of Emergency Medical Services 17
or his or her designee; 18
(i) One representative recommended by the Kentucky Ambulance Providers 19
Association and approved by the Legislative Research Commission; 20
(j) One mayor of a city that operates, either directly or through contract services, 21
a licensed Class I ground ambulance provider, recommended by the Kentucky 22
League of Cities and approved by the Legislative Research Commission; 23
(k) One county judge/executive from a county that operates, whether directly or 24
through contract services, a licensed Class I ground ambulance provider, 25
recommended by the Kentucky Association of Counties and approved by the 26
Legislative Research Commission; 27 UNOFFICIAL COPY 22 RS HB 777/GA
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(l) One representative recommended by the Kentucky Association of Fire Chiefs 1
and approved by the Legislative Research Commission; 2
(m) Two representatives recommended by the Kentucky Hospital Association, 3
with one representing an urban hospital and one representing a rural hospital 4
and approved by the Legislative Research Commission; 5
(n) One licensed long-term care facility administrator recommended by the 6
Kentucky Association of Health Care Facilities/Kentucky Center for Assisted 7
Living or LeadingAge Kentucky and approved by the Legislative Research 8
Commission; and 9
(o) One licensed or certified behavioral health provider recommended by the 10
Kentucky Mental Health Coalition and approved by the Legislative Research 11
Commission. 12
(3) Final membership of the task force is subject to the consideration and approval of 13
the Legislative Research Commission. 14
(4) The task force shall meet monthly during the 2022 Interim of the General 15
Assembly. The task force shall submit findings and recommendations to the 16
Legislative Research Commission for referral to the appropriate committee or 17
committees by December 1, 2022. 18
(5) Provisions of this Act to the contrary notwithstanding, the Legislative Research 19
Commission shall have the authority to alternatively assign the issues identified 20
herein to an interim joint committee or subcommittee thereof, and to designate a 21
study completion date. 22