UNOFFICIAL COPY 24 RS HB 408/GA
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AN ACT relating to health services. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 222 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For purposes of this section, "voluntarily" describes the action of a resident who 5
elects, of his or her own volition, to leave a facility described in subsection (2) of 6
this section against medical advice and who provides notice to the facility that he 7
or she intends to leave or who actually leaves the facility. 8
(2) Any substance use disorder program that is authorized or regulated under this 9
chapter or that holds a chemical dependency treatment services license under 10
KRS 222.231 and issued in accordance with KRS 216B.042 shall, for any resident 11
who wishes to voluntarily leave the treatment program, either: 12
(a) Obtain agreement from the resident's family member, guardian, or 13
emergency contact to personally transport the resident within twenty-four 14
(24) hours; or 15
(b) Make available transportation services. 16
(3) Transportation services may include providing the resident access to: 17
(a) A ride-sharing service and purchasing a one (1) way service to: 18
1. A specific address in the resident's hometown of record; or 19
2. The city hall in the resident's hometown of record; 20
(b) Public transportation, including but not limited to transporting the resident 21
to the nearest commercial bus station and purchasing a ticket to the 22
resident's hometown of record; 23
(c) A mobile response team, as available; or 24
(d) Other transportation to a safe place as determined by the facility to be 25
therapeutically appropriate. 26
(4) The facilities described in subsection (2) of this section and law enforcement 27 UNOFFICIAL COPY 24 RS HB 408/GA
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officers shall only transport residents voluntarily leaving the facility to public 1
transportation locations, the location to meet the driver of a ride-sharing service, 2
or other safe place as determined by the facility to be therapeutically appropriate. 3
(5) The facilities described in subsection (2) of this section shall make all reasonable 4
attempts to find alternative treatment and resources if a resident voluntarily 5
leaves. 6
(6) (a) If a resident required by court order to attend a treatment facility described 7
in subsection (2) of this section leaves the facility prior to court approval or 8
prior to completing the conditions of the court order, the treatment facility 9
shall notify the court, county attorney, local law enforcement, and the 10
resident's family of the resident's exit if permitted by: 11
1. The Health Insurance Portability and Accountability Act of 1996; 12
2. 42 C.F.R. pt. 2; and 13
3. Other applicable and federal patient privacy laws. 14
(b) A probation officer or peace officer, acting on information provided by the 15
treatment facility under paragraph (a) of this subsection, who sees the 16
resident violate the terms of his or her conditional discharge or violate the 17
court order may arrest the resident without a warrant and incarcerate the 18
resident until the judge who made the initial court order holds a hearing on 19
the resident's violation of that court order. 20
(7) Any substance use disorder program that is authorized or regulated under this 21
chapter or holds a chemical dependency treatment service license under KRS 22
222.231 and issued in accordance with KRS 216B.042 shall provide full 23
disclosure of the specific services provided by the substance use disorder program 24
to any potential patients and in any advertisements or other solicitations. 25
(8) A facility that does not hold a chemical dependency treatment services license 26
under KRS 222.231 and issued in accordance with KRS 216B.042 or is not a 27 UNOFFICIAL COPY 24 RS HB 408/GA
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substance use disorder program that is authorized or regulated under this chapter 1
shall be exempt from this section. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 222 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Any substance use disorder program that is authorized or regulated under this 5
chapter or holds a chemical dependency treatment service license under KRS 6
222.231 and issued in accordance with KRS 216B.042 shall: 7
(a) Not recruit into their facility any out-of-state resident: 8
1. If the out-of-state resident is enrolled in Medicaid; or 9
2. With the purpose of enrolling the out-of-state resident in Medicaid in 10
Kentucky; and 11
(b) Submit to the Department for Medicaid Services the recipient's proof of 12
residency when submitting a request for Medicaid reimbursement. 13
(2) Any substance use disorder program that is authorized or regulated under this 14
chapter or holds a chemical dependency treatment service license under KRS 15
222.231 and issued in accordance with KRS 216B.042 that violates subsection 16
1(a) of this section shall be fined twenty thousand dollars ($20,000) for each 17
offense. 18
(3) (a) Any out-of-state resident found to be ineligible for Medicaid services in 19
Kentucky as a result of failure to establish Kentucky as his or her domicile 20
shall be required to reimburse any Medicaid fees paid for on behalf of the 21
out-of-state resident. 22
(b) A substance use disorder program that is authorized or regulated under this 23
chapter or holds a chemical dependency treatment service license under 24
KRS 222.231 and is issued in accordance with KRS 216B.042 shall be fined 25
not less than five hundred dollars ($500) for each day an out-of-state 26
resident received Medicaid services in Kentucky. 27 UNOFFICIAL COPY 24 RS HB 408/GA
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Section 3. KRS 205.200 is amended to read as follows: 1
(1) A needy aged person, a needy blind person, a needy child, a needy permanently and 2
totally disabled person, or a person with whom a needy child lives shall be eligible 3
to receive a public assistance grant only if he or she has made a proper application 4
or an application has been made on his or her behalf in the manner and form 5
prescribed by administrative regulation. No individual shall be eligible to receive 6
public assistance under more than one (1) category of public assistance for the same 7
period of time. 8
(2) The secretary shall, by administrative regulations, prescribe the conditions of 9
eligibility for public assistance in conformity with the public assistance titles of the 10
Social Security Act, its amendments, and other federal acts and regulations. The 11
secretary shall also promulgate administrative regulations to allow for between a 12
forty percent (40%) and a forty-five percent (45%) ratable reduction in the method 13
of calculating eligibility and benefits for public assistance under Title IV-A of the 14
Federal Social Security Act. In no instance shall grants to families with no income 15
be less than the appropriate grant maximum used for public assistance under Title 16
IV-A of the Federal Social Security Act. As used in this section, "ratable reduction" 17
means the percentage reduction applied to the deficit between the family's 18
countable income and the standard of need for the appropriate family size. 19
(3) The secretary may by administrative regulation prescribe as a condition of 20
eligibility that a needy child regularly attend school, and may further by 21
administrative regulation prescribe the degree of relationship of the person or 22
persons in whose home such needy child must reside. 23
(4) The secretary may by administrative regulation prescribe conditions for bringing 24
paternity proceedings or actions for support in cases of out of wedlock birth or 25
nonsupport by a parent in the public assistance under Title IV-A of the Federal 26
Social Security Act program. 27 UNOFFICIAL COPY 24 RS HB 408/GA
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(5) Public assistance shall not be payable to or in behalf of any individual who has 1
taken any legal action in his or her own behalf or in the behalf of others with the 2
intent and purpose of creating eligibility for the assistance. 3
(6) The cabinet shall promptly notify the appropriate law enforcement officials of the 4
furnishing of public assistance under Title IV-A of the Federal Social Security Act 5
in respect to a child who has been deserted or abandoned by a parent. 6
(7) No person shall be eligible for public assistance payments if, after having been 7
determined to be potentially responsible, and afforded notice and opportunity for 8
hearing, he or she refuses without good cause: 9
(a) To register for employment with the state employment service, 10
(b) To accept suitable training, or 11
(c) To accept suitable employment. 12
The secretary may prescribe by administrative regulation, subject to the provisions 13
of KRS Chapter 13A, standards of suitability for training and employment. 14
(8) To the extent permitted by federal law, scholarships, grants, or other types of 15
financial assistance for education shall not be considered as income for the purpose 16
of determining eligibility for public assistance. 17
(9) To the extent permitted by federal law, any money received because of a settlement 18
or judgment in a lawsuit brought against a manufacturer or distributor of "Agent 19
Orange" for damages resulting from exposure to "Agent Orange" by a member or 20
veteran of the Armed Forces of the United States or any dependent of such person 21
who served in Vietnam shall not be considered as income for the purpose of 22
determining eligibility or continuing eligibility for public assistance and shall not be 23
subject to a lien or be available for repayment to the Commonwealth for public 24
assistance received by the recipient. 25
(10) (a) For the purpose of determining eligibility for medical assistance under Title 26
XIX of the Social Security Act, unless otherwise required by federal law, the 27 UNOFFICIAL COPY 24 RS HB 408/GA
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cabinet shall only accept self-attestation of income, residency, age, household 1
composition, caretaker or relative status, or receipt of other coverage as 2
verification of last resort prior to enrollment, and the cabinet shall not request 3
federal authorization or approval to waive or decline to periodically check any 4
available income-related data source to verify eligibility. 5
(b) This subsection shall not apply to any individual who is a resident of an 6
assisted living community as defined in KRS 194A.700 or to a long-term care 7
facility as defined in KRS 216A.010 or hospital licensed under KRS Chapter 8
216B that is using self-attestation to determine presumptive eligibility. 9
(c) If an individual for medical assistance under Title XIX of the Social Security 10
Act willingly and knowingly self-attests to falsified information related to 11
income, residency, age, household composition, caretaker or relative status, or 12
receipt of other coverage, the cabinet may fine the individual not more than 13
five hundred dollars ($500) per offense. 14
(11) When determining whether an applicant for services or assistance provided under 15
this chapter meets the applicable income eligibility guidelines, the cabinet shall use 16
the most recent income verification data available and consider fluctuating 17
employment income data. 18
(12) If in the normal course of operations, the cabinet finds that an individual has 19
trafficked, sold, distributed, given, or otherwise transferred an electronic benefit 20
transfer card issued by the department for money, service, or other valuable 21
consideration, the cabinet, to the extent permitted under state and federal law: 22
(a) Shall through any means practical, including but not limited to garnishment of 23
future cash assistance benefits, seek recoupment from the individual of any 24
cash benefits trafficked, sold, distributed, given, or otherwise transferred; and 25
(b) May: 26
1. Upon the first violation, deem the individual ineligible for all public 27 UNOFFICIAL COPY 24 RS HB 408/GA
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assistance programs administered by the cabinet under this chapter for a 1
period of not more than six (6) months; 2
2. Upon the second violation, deem the individual ineligible for all public 3
assistance programs administered by the cabinet under this chapter for a 4
period of not more than twelve (12) months; and 5
3. Upon the third violation, deem the individual ineligible for all public 6
assistance programs administered by the cabinet under this chapter for a 7
period of not more than five (5) years. 8
(13) (a) Notwithstanding any other provision of Kentucky law, the following shall be 9
disregarded for the purposes of determining an individual's eligibility for a 10
means-tested public assistance program, and the amount of assistance or 11
benefits the individual is eligible to receive under the program: 12
1. Any amount in an ABLE account; 13
2. Any contributions to an ABLE account; and 14
3. Any distribution from an ABLE account for qualified disability 15
expenses. 16
(b) For purposes of this subsection: 17
1. "ABLE account" means an account established within any state having a 18
qualified ABLE program as provided in 26 U.S.C. sec. 529A, as 19
amended; 20
2. "Kentucky law" includes: 21
a. All provisions of the Kentucky Revised Statutes: 22
b. Any contract to provide Medicaid managed care established 23
pursuant to this chapter; 24
c. Any agreement to operate a Medicaid program established 25
pursuant to this chapter; and 26
d. Any administrative regulation promulgated pursuant to this 27 UNOFFICIAL COPY 24 RS HB 408/GA
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chapter; and 1
3. "Qualified disability expenses" means expenses described in 26 U.S.C. 2
sec. 529A of a person who is the beneficiary of an ABLE account. 3
(14) (a) Residency shall not be established for an individual if the individual 4
relocates to Kentucky with the sole intention of establishing eligibility to 5
receive medical services under this chapter. 6
(b) An individual may rebut the sole intention of paragraph (a) of this 7
subsection by showing proof of residency. Proof of residency shall include 8
but not be limited to the possession of a valid Kentucky operator's license or 9
a copy of a deed or property tax bill, utility agreement or utility bill, or 10
rental housing agreement. 11