UNOFFICIAL COPY 24 RS BR 1734 Page 1 of 2 XXXX 1/22/2024 1:58 PM Jacketed AN ACT relating to Medicaid coverage for remote ultrasound and fetal nonstress 1 tests. 2 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 SECTION 1. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 4 READ AS FOLLOWS: 5 (1) As used in this section, "ultrasound" means the use of ultrasonic waves for 6 diagnostic or therapeutic purposes, specifically to monitor a developing fetus. 7 (2) The Department for Medicaid Services and any managed care organization with 8 which the department contracts for delivery of Medicaid services shall provide 9 coverage for remote ultrasound procedures and remote fetal nonstress tests when 10 the patient is in a residence or other off-site location from the health care 11 provider and the same standard of care is met. 12 (3) Remote ultrasounds and remote fetal nonstress tests shall only be reimbursable 13 when the health care provider uses digital technology: 14 (a) To collect medical and other forms of health data from a patient and 15 electronically transmit that information securely to a health care provider in 16 a different location for interpretation and recommendation; 17 (b) That is compliant with the federal Health Insurance Portability and 18 Accountability Act of 1996, 42 U.S.C. sec. 1320d et seq.; and 19 (c) Approved by the federal Food and Drug Administration. 20 (4) The Cabinet for Health and Family Services shall promulgate administrative 21 regulations in accordance with KRS Chapter 13A necessary to implement this 22 section. 23 Section 2. If the Cabinet for Health and Family Services or the Department for 24 Medicaid Services determines that a state plan amendment, waiver, or any other form of 25 approval or authorization from a federal agency is necessary prior to the implementation 26 of Section 1 of this Act, the cabinet or department shall, within 90 days after the effective 27 UNOFFICIAL COPY 24 RS BR 1734 Page 2 of 2 XXXX 1/22/2024 1:58 PM Jacketed date of this Act, request the state plan amendment, waiver, approval, or authorization and 1 shall only delay full implementation of those provisions for which a state plan 2 amendment, waiver, approval, or authorization was deemed necessary until the state plan 3 amendment, waiver, approval, or authorization is granted. The cabinet shall, in 4 accordance with KRS 205.525, provide a copy of any state plan amendment, waiver, or 5 other approval or authorization submitted pursuant to this section to the Legislative 6 Research Commission for referral to the Interim Joint Committee on Health Services and 7 the Interim Joint Committee on Appropriations and Revenue, and provide an update on 8 the status or any application submitted pursuant to this section upon request. 9