Kentucky 2023 Regular Session

Kentucky Senate Bill SB43

Introduced
1/5/23  
Refer
1/5/23  
Refer
2/7/23  
Report Pass
2/22/23  
Engrossed
3/3/23  
Refer
3/3/23  
Refer
3/10/23  
Report Pass
3/14/23  
Refer
3/16/23  
Enrolled
3/16/23  
Enrolled
3/16/23  
Chaptered
3/22/23  

Caption

AN ACT relating to essential caregivers and declaring an emergency.

Impact

The passage of SB43 will result in significant modifications to existing regulations governing resident visitation in health facilities. It obligates the Cabinet for Health and Family Services to promulgate administrative regulations that outline the procedures for designating essential visitors and the associated safety protocols, which must be followed. The bill effectively ensures that essential visitors are recognized as vital to the well-being of residents, thus altering the regulatory landscape surrounding healthcare visitation rights. This alignment not only benefits residents but also solidifies support systems during crises like public health emergencies.

Summary

SB43 is an act designed to enhance the rights of essential personal care visitors for residents in health facilities, including health services, Medicaid waiver services, and psychiatric residential treatment facilities. The legislation mandates that these facilities must allow at least one essential personal care visitor—such as family members, legal guardians, or friends—at all times, emphasizing the importance of personal connections for the residents' mental, physical, and social well-being. The bill is particularly relevant in the context of health and safety during communicable disease outbreaks, as it includes provisions for continued visitation in such scenarios.

Sentiment

The sentiment surrounding SB43 has been generally positive, as it resonates with advocates for residents' rights and mental health. Supporters argue that it fills a crucial gap by recognizing the need for personal interaction and care in health facilities, particularly during times of isolation caused by health crises. However, concerns regarding the bill's implementation protocols and potential risks to public health safety may surface amid opposing viewpoints, calling for a balance between visitation rights and health precautions.

Contention

Notable points of contention may arise around the implementation of safety measures and protocols for essential visitors, particularly during outbreaks of communicable diseases. Critics may argue that while the intent to enhance visitation rights is commendable, it could inadvertently expose residents, staff, and healthcare providers to increased health risks if adequate controls are not enacted. Furthermore, there may be concerns regarding the adequacy of the regulatory framework that the Cabinet is expected to develop, including how these regulations will be enforced and monitored within diverse facility settings.

Companion Bills

No companion bills found.

Previously Filed As

KY HB156

AN ACT relating to essential caregivers and declaring an emergency.

KY SB222

AN ACT relating to essential personal caregivers and declaring an emergency.

KY SB243

AN ACT relating to essential caregivers and declaring an emergency.

KY SB100

AN ACT relating to essential caregivers and declaring an emergency.

KY HB90

AN ACT relating to maternal health and declaring an emergency.

KY HB296

AN ACT relating to emergency medical services and declaring an emergency.

KY HB57

AN ACT relating to emergency medical services and declaring an emergency.

KY HB403

AN ACT relating to emergency medical services and declaring an emergency.

KY SB8

AN ACT relating to child welfare and declaring an emergency.

KY SB178

AN ACT relating to health and welfare and declaring an emergency.

Similar Bills

CA AB2317

Children’s psychiatric residential treatment facilities.

NJ S668

Increases Medicaid reimbursement for in-person partial care and intensive outpatient behavioral health and substance use disorder treatment services, and associated transportation services, for adults.

GA HB677

Health; certain placement procedures for children upon discharge from a hospital or psychiatric residential treatment facility; provide

MS HB969

Medicaid; delete prohibition on participation in for psychiatric residential treatment facility in Desoto County.

MS SB2685

Certificate of need; delete requirement to obtain for psychiatric hospitals, renal disease facilities and additional facilities.

MS SB2887

Certificate of need; delete requirement to obtain CON for psychiatric services, mental health and renal disease facilities.

MS SB2681

Medicaid reimbursements and CON; revise provisions regarding facilities in DeSoto, Harrison and Madison Counties.

MS HB569

CON; revise conditions for long-term care hospital in Harrison County to allow participation in Medicaid.