CHAPTER 160
Legislative Research Commission PDF Version
1
CHAPTER 160
( HJR 38 )
A JOINT RESOLUTION directing and urging the Cabinet for Health and Family Services take actions to
improve emergency medical services and declaring an emergency.
WHEREAS, emergency medical services providers are paid for transporting a patient to a hospital and, only in
specific situations, for treating a patient without transporting the patient to a hospital or to another location; and
WHEREAS, there is no reimbursement for keeping ambulances ready to respond or for responding to a 911
call where treatment is unnecessary or a patient refuses treatment; and
WHEREAS, Medicaid transport rates of $100 for advanced life support and $82.50 for basic life support have
remained the same for over 10 years, while the costs of providing services have risen significantly; and
WHEREAS, relative to Medicaid reimbursement rates, the rates for surrounding states and Medicare are 30
percent to 400 percent higher; and
WHEREAS, Medicare reimburses approximately 50 percent of the actual cost of EMS, and Medicaid
reimburses approximately 10 percent; and
WHEREAS, the Emergency Medical Services Task Force recommended that the Cabinet for Health and
Family Services apply for a Medicaid waiver to permit the coverage of triage, treatment, and transport of patients by
emergency ambulance services, submit a state Medicaid plan amendment to cover treatment in place without
transportation for emergency ambulance services, and to increase Medicaid reimbursement rates for ambulance
services as funds become available;
NOW, THEREFORE,
Be it resolved by the General Assembly of the Commonwealth of Kentucky:
Section 1. The General Assembly hereby:
(1) Directs the Cabinet for Health and Family Services to:
(a) Apply for a Medicaid waiver to permit the coverage of triage, treatment, and transport of patients by
emergency ambulance services; and
(b) Submit a state Medicaid plan amendment to cover treatment in place without transportation for
emergency ambulance services; and
(2) Urges the Cabinet for Health and Family Services to increase Medicaid reimbursement rates for
ambulance services as funds become available.
Section 2. The Cabinet for Health and Family Services shall report to the Interim Joint Committee on
Health, Welfare, and Family Services by August 1, 2023, of any actions taken and any necessary legislative action
that may be needed to obtain a Medicaid waiver to permit the coverage of triage, treatment, and transport of patients
by emergency ambulance services and to obtain approval for a state Medicaid plan amendment to cover treatment in
place without transportation for emergency ambulance services targeting individuals with severe mental illness.
Section 3. In the event the Legislative Research Commission dissolves the Interim Joint Committee on
Health, Welfare, and Family Services and establishes another interim joint committee with jurisdiction over health
services, the report required in Section 2 of this Act shall be submitted to that interim joint committee.
Section 4. Whereas, the General Assembly believes the citizens of the Commonwealth deserve the best
possible emergency medical services, an emergency is declared to exist, and this Resolution takes effect upon its
passage and approval by the Governor or upon its otherwise becoming law.
Signed by Governor March 31, 2023.