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AN ACT relating to public health. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The Kentucky maternal psychiatry access program, also known as the Kentucky 5
Lifeline for Moms, is hereby established. The purpose of the program shall be to 6
help health care practitioners in the Commonwealth meet the needs of a mother 7
with mental illness or an intellectual disability. 8
(2) The program shall be operated by the Cabinet for Health and Family Services, 9
Department for Public Health, Division of Maternal and Child Health. 10
(3) The program shall, at a minimum, employ a psychiatrist licensed pursuant to 11
KRS Chapter 311 and a psychologist licensed pursuant to KRS Chapter 319. 12
(4) The program shall operate a dedicated hotline phone number Monday through 13
Friday from 8 a.m. to 5 p.m. local time that serves as the entry point to the 14
program for health care practitioners to be able to get services for a mother with 15
mental illness or with an intellectual disability. Services shall include: 16
(a) An immediate clinical consultation over the telephone; 17
(b) An expedited face-to-face mental health consultation; 18
(c) Care coordination for assistance with referrals to community behavioral 19
health services; and 20
(d) Continuing professional education specifically designed for health care 21
practitioners. 22
(5) The department shall, within sixty (60) days of the effective date of this Act, 23
promulgate administrative regulations in accordance with KRS Chapter 13A to 24
implement the provisions of this section. 25
Section 2. KRS 211.122 is amended to read as follows: 26
(1) The Cabinet for Health and Family Services shall, in cooperation with maternal and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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infant health and mental health professional societies: 1
(a) Develop written information on perinatal mental health disorders and make it 2
available on its website for access by birthing centers, hospitals that provide 3
labor and delivery services, and the public; and 4
(b) Provide access on its website to one (1) or more evidence-based clinical 5
assessment tools designed to detect the symptoms of perinatal mental health 6
disorders for use by health care providers providing perinatal care and health 7
care providers providing pediatric infant care. 8
(2) The Cabinet for Health and Family Services shall establish the Kentucky maternal 9
and infant health collaborative. The collaborative shall be composed of the 10
following members appointed by the secretary of the Cabinet for Health and 11
Family Services:[a collaborative panel composed of ] 12
(a) Four (4) representatives of health care facilities that provide obstetrical , [and 13
]newborn[ care], maternal, and infant health care, one (1) of whom shall be a 14
member of the Kentucky Chapter of the American College of Obstetricians 15
and Gynecologists; 16
(b) Two (2) providers of[,] maternal mental health care; 17
(c) Two (2)[providers, ]representatives of university mental health training 18
programs; 19
(d) Two (2)[,] maternal health advocates; 20
(e) Three (3)[,] women, each of whom shall have[ with] experience living with 21
at least one (1) of the following: 22
1. Perinatal mental health disorders; 23
2. Substance use disorder; and 24
3. Intimate partner violence; 25
(f) One (1) public health director of a local health department in the 26
Commonwealth; and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(g) The commissioner of the Department for Public Health or his or her 1
designee. 2
(3) The[, and other stakeholders for the] purposes of the collaborative shall be: 3
(a) Improving the quality of prevention and treatment of perinatal mental health 4
disorders; 5
(b) Promoting the implementation of evidence-based bundles of care to improve 6
patient safety; 7
(c) Identifying unaddressed gaps in service related to perinatal mental health 8
disorders that are linked to geographic, racial, and ethnic inequalities; lack of 9
screenings; and insufficient access to treatments, professionals, or support 10
groups; and 11
(d) Exploring grant and other funding opportunities and making 12
recommendations for funding allocations to address the need for services and 13
supports for perinatal mental health disorders. 14
(4)[(3)] The collaborative shall annually review the operations of the Kentucky 15
maternal psychiatry access program established in Section 1 of this Act. 16
(5) The objectives set forth in subsection (3)[(2)(a) to (d)] of this section may be 17
achieved by incorporating the collaborative's[panel's] findings and 18
recommendations into other programs administered by the Cabinet for Health and 19
Family Services that are intended to improve maternal health care quality and 20
safety. 21
(6)[(4)] On or before November 1 of each year, the collaborative[panel] shall submit a 22
report to the Interim Joint Committee on Families and Children, the Interim Joint 23
Committee on Health Services, and the Advisory Council for Medical Assistance 24
describing the collaborative's[panel's] work and any recommendations to address 25
identified gaps in services and supports for perinatal mental health disorders. 26
Section 3. KRS 211.690 is amended to read as follows: 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(1) There is established within the Cabinet for Health and Family Services the Health 1
Access Nurturing Development Services (HANDS) program as a voluntary 2
statewide home visitation program, for the purpose of providing assistance to at-risk 3
parents during the prenatal period and until the child's third birthday. The HANDS 4
program recognizes that parents are the primary decision-makers for their children. 5
The goals of the HANDS program shall be[are] to: 6
(a) Facilitate safe and healthy delivery of babies; 7
(b) Provide information about optimal child growth and human development; 8
(c) Facilitate the safety and health of homes; and 9
(d) Encourage greater self-sufficiency of families. 10
(2) The cabinet shall administer the HANDS program in cooperation with the Cabinet 11
for Health and Family Services and the local public health departments. The 12
voluntary home visitation program may supplement, but shall not duplicate, any 13
existing program that provides assistance to parents of young children. 14
(3) The HANDS program shall include [an ]educational components[component] on: 15
(a) [ ]The recognition and prevention of pediatric abusive head trauma, as defined 16
in KRS 620.020; 17
(b) Information related to lactation consultation and breastfeeding 18
information; and 19
(c) Information related to the importance of safe sleep for babies as a way to 20
prevent sudden infant death syndrome as defined in KRS 213.011. 21
(4) Participants in the HANDS program shall express informed consent to participate 22
by[ written] agreement on a form promulgated by the Cabinet for Health and 23
Family Services. 24
(5) Participants in the HANDS program shall participate in the home visitation 25
program through in-person face-to-face methods or through tele-service delivery 26
methods. For the purposes of this subsection, "tele-service" means a home 27 UNOFFICIAL COPY 24 RS SB 74/EN
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visitation service provided through video communication with the HANDS 1
provider, parent, and child present in real time. 2
SECTION 4. A NEW SECTION OF SUBTITLE 17 OF KRS CHAPTER 304 3
IS CREATED TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Health benefit plan" has the same meaning as in KRS 304.17A-005, 6
except for purposes of this section, the term includes student health 7
insurance offered by a Kentucky-licensed insurer under written contract 8
with a university or college whose students it proposes to insure; and 9
(b) "Individual Exchange": 10
1. Means a governmental agency or nonprofit entity that makes qualified 11
health plans, as defined in 42 U.S.C. sec. 18021, as amended, 12
available to qualified individuals; 13
2. Includes an exchange serving the individual market for qualified 14
individuals; and 15
3. Does not include a Small Business Health Options Program serving 16
the small group market for qualified employers. 17
(2) To the extent permitted by federal law: 18
(a) The following shall provide a special enrollment period to pregnant women 19
who are eligible for coverage: 20
1. Any insurer offering a health benefit plan in the individual market, 21
which shall include student health insurance coverage as defined in 22
45 C.F.R. sec. 147.145, as amended; and 23
2. Any individual exchange operating in this state; 24
(b) Except as provided in paragraph (c) of this subsection, the insurer or 25
exchange shall allow a pregnant woman, and any individual who is eligible 26
for coverage because of a relationship to a pregnant woman, to enroll for 27 UNOFFICIAL COPY 24 RS SB 74/EN
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coverage under the plan or on the exchange at any time during the 1
pregnancy; 2
(c) If the insurer or exchange is required by federal law to limit the enrollment 3
period to a period that is less than the period provided in paragraph (b) of 4
this subsection: 5
1. The enrollment period shall not be less than the maximum period of 6
time permitted by federal law; and 7
2. The enrollment period shall begin not earlier than the date that the 8
pregnant woman receives confirmation of the pregnancy from a 9
medical professional; 10
(d) The coverage required under this subsection shall begin no later than the 11
first day of the first calendar month in which a medical professional 12
determines that the pregnancy began, except that a pregnant woman may 13
direct coverage to begin on the first day of any month occurring after that 14
date but during the pregnancy; and 15
(e) If a directive under paragraph (d) of this subsection falls outside of the 16
pregnancy period, the coverage required under this subsection shall begin 17
no later than the first day of the last month that occurred during the 18
pregnancy. 19
(3) (a) Nothing in this section shall be construed to imply that the insured is not 20
responsible for the payment of premiums for each month during which 21
coverage is provided. 22
(b) For any coverage provided under this section, the original or first premium 23
shall become due and owing not earlier than thirty (30) days after the date 24
of enrollment. 25
Section 5. KRS 304.17A-145 is amended to read as follows: 26
(1) As used in this section: 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(a) "Health benefit plan" has the same meaning as in KRS 304.17A-005, 1
except for purposes of this section, the term: 2
1. Includes student health insurance offered by a Kentucky-licensed 3
insurer under written contract with a university or college whose 4
students it proposes to insure; and 5
2. Does not include a group health benefit plan that provides 6
grandfathered health plan coverage as defined in 45 C.F.R. sec. 7
147.140(a), as amended; 8
(b) "In-home program" means a program offered by a health care facility or 9
health care professional for the treatment of substance use disorder which 10
the insured accesses through telehealth or digital health services; and 11
(c) "Telehealth" or "digital health" has the same meaning as in KRS 211.332. 12
(2) Except as provided for in subsection (5) of this section: 13
(a) A health benefit plan shall provide[issued or renewed on or after July 15, 14
1996, that provides] maternity coverage; and 15
(b) The coverage required by this subsection includes coverage for:[shall 16
provide ] 17
1. All individuals covered under the plan, including dependents, 18
regardless of age; 19
2. Maternity care associated with pregnancy, childbirth, and postpartum 20
care; 21
3. Labor and delivery; 22
4. All breastfeeding services and supplies required under 42 U.S.C. sec. 23
300gg-13(a) and any related federal regulations, as amended; and 24
5. [Coverage for ]Except as provided in subsection (3) of this section, 25
inpatient care for a mother and her newly-born child for a minimum of: 26
a. Forty-eight (48) hours after vaginal delivery; or[ and a minimum 27 UNOFFICIAL COPY 24 RS SB 74/EN
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of ] 1
b. Ninety-six (96) hours after delivery by Cesarean section. 2
(3)[(2)] The provisions of subsection (2)(b)5.[(1)] of this section shall not apply to a 3
health benefit plan if: 4
(a) The[ health benefit] plan authorizes an initial postpartum home visit which 5
would include the collection of an adequate sample for the hereditary and 6
metabolic newborn screening; and[ if ] 7
(b) The attending physician, with the consent of the mother of the newly 8
born[newly-born] child, authorizes a shorter length of stay[ than that required 9
of health benefit plans in subsection (1) of this section] upon the physician's 10
determination that the mother and newborn meet the criteria for medical 11
stability in the most current version of "Guidelines for Perinatal Care" 12
prepared by the American Academy of Pediatrics and the American College 13
of Obstetricians and Gynecologists. 14
(4) Except as provided for in subsection (5) of this section, a health benefit plan shall 15
provide coverage: 16
(a) To pregnant and postpartum women for an in-home program; and 17
(b) For telehealth or digital health services that are related to maternity care 18
associated with pregnancy, childbirth, and postpartum care. 19
(5) If the application of any requirement of this section to a qualified health plan as 20
defined in 42 U.S.C. sec. 18021(a)(1), as amended, would result in a 21
determination that the state must make payments to defray the cost of the 22
requirement under 42 U.S.C. sec. 18031(d)(3) and 45 C.F.R. sec. 155.170, as 23
amended, then the requirement shall not apply to the qualified health plan until 24
the cost defrayal requirement is no longer applicable. 25
Section 6. KRS 18A.225 (Effective January 1, 2025) is amended to read as 26
follows: 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(1) (a) The term "employee" for purposes of this section means: 1
1. Any person, including an elected public official, who is regularly 2
employed by any department, office, board, agency, or branch of state 3
government; or by a public postsecondary educational institution; or by 4
any city, urban-county, charter county, county, or consolidated local 5
government, whose legislative body has opted to participate in the state-6
sponsored health insurance program pursuant to KRS 79.080; and who 7
is either a contributing member to any one (1) of the retirement systems 8
administered by the state, including but not limited to the Kentucky 9
Retirement Systems, County Employees Retirement System, Kentucky 10
Teachers' Retirement System, the Legislators' Retirement Plan, or the 11
Judicial Retirement Plan; or is receiving a contractual contribution from 12
the state toward a retirement plan; or, in the case of a public 13
postsecondary education institution, is an individual participating in an 14
optional retirement plan authorized by KRS 161.567; or is eligible to 15
participate in a retirement plan established by an employer who ceases 16
participating in the Kentucky Employees Retirement System pursuant to 17
KRS 61.522 whose employees participated in the health insurance plans 18
administered by the Personnel Cabinet prior to the employer's effective 19
cessation date in the Kentucky Employees Retirement System; 20
2. Any certified or classified employee of a local board of education or a 21
public charter school as defined in KRS 160.1590; 22
3. Any elected member of a local board of education; 23
4. Any person who is a present or future recipient of a retirement 24
allowance from the Kentucky Retirement Systems, County Employees 25
Retirement System, Kentucky Teachers' Retirement System, the 26
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 27 UNOFFICIAL COPY 24 RS SB 74/EN
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Kentucky Community and Technical College System's optional 1
retirement plan authorized by KRS 161.567, except that a person who is 2
receiving a retirement allowance and who is age sixty-five (65) or older 3
shall not be included, with the exception of persons covered under KRS 4
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 5
employed pursuant to subparagraph 1. of this paragraph; and 6
5. Any eligible dependents and beneficiaries of participating employees 7
and retirees who are entitled to participate in the state-sponsored health 8
insurance program; 9
(b) The term "health benefit plan" for the purposes of this section means a health 10
benefit plan as defined in KRS 304.17A-005; 11
(c) The term "insurer" for the purposes of this section means an insurer as defined 12
in KRS 304.17A-005; and 13
(d) The term "managed care plan" for the purposes of this section means a 14
managed care plan as defined in KRS 304.17A-500. 15
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 16
recommendation of the secretary of the Personnel Cabinet, shall procure, in 17
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 18
from one (1) or more insurers authorized to do business in this state, a group 19
health benefit plan that may include but not be limited to health maintenance 20
organization (HMO), preferred provider organization (PPO), point of service 21
(POS), and exclusive provider organization (EPO) benefit plans 22
encompassing all or any class or classes of employees. With the exception of 23
employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 24
all employers of any class of employees or former employees shall enter into 25
a contract with the Personnel Cabinet prior to including that group in the state 26
health insurance group. The contracts shall include but not be limited to 27 UNOFFICIAL COPY 24 RS SB 74/EN
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designating the entity responsible for filing any federal forms, adoption of 1
policies required for proper plan administration, acceptance of the contractual 2
provisions with health insurance carriers or third-party administrators, and 3
adoption of the payment and reimbursement methods necessary for efficient 4
administration of the health insurance program. Health insurance coverage 5
provided to state employees under this section shall, at a minimum, contain 6
the same benefits as provided under Kentucky Kare Standard as of January 1, 7
1994, and shall include a mail-order drug option as provided in subsection 8
(13) of this section. All employees and other persons for whom the health care 9
coverage is provided or made available shall annually be given an option to 10
elect health care coverage through a self-funded plan offered by the 11
Commonwealth or, if a self-funded plan is not available, from a list of 12
coverage options determined by the competitive bid process under the 13
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 14
during annual open enrollment. 15
(b) The policy or policies shall be approved by the commissioner of insurance 16
and may contain the provisions the commissioner of insurance approves, 17
whether or not otherwise permitted by the insurance laws. 18
(c) Any carrier bidding to offer health care coverage to employees shall agree to 19
provide coverage to all members of the state group, including active 20
employees and retirees and their eligible covered dependents and 21
beneficiaries, within the county or counties specified in its bid. Except as 22
provided in subsection (20) of this section, any carrier bidding to offer health 23
care coverage to employees shall also agree to rate all employees as a single 24
entity, except for those retirees whose former employers insure their active 25
employees outside the state-sponsored health insurance program and as 26
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(d) Any carrier bidding to offer health care coverage to employees shall agree to 1
provide enrollment, claims, and utilization data to the Commonwealth in a 2
format specified by the Personnel Cabinet with the understanding that the data 3
shall be owned by the Commonwealth; to provide data in an electronic form 4
and within a time frame specified by the Personnel Cabinet; and to be subject 5
to penalties for noncompliance with data reporting requirements as specified 6
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 7
to protect the confidentiality of each individual employee; however, 8
confidentiality assertions shall not relieve a carrier from the requirement of 9
providing stipulated data to the Commonwealth. 10
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 11
for timely analysis of data received from carriers and, to the extent possible, 12
provide in the request-for-proposal specifics relating to data requirements, 13
electronic reporting, and penalties for noncompliance. The Commonwealth 14
shall own the enrollment, claims, and utilization data provided by each carrier 15
and shall develop methods to protect the confidentiality of the individual. The 16
Personnel Cabinet shall include in the October annual report submitted 17
pursuant to the provisions of KRS 18A.226 to the Governor, the General 18
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 19
financial stability of the program, which shall include but not be limited to 20
loss ratios, methods of risk adjustment, measurements of carrier quality of 21
service, prescription coverage and cost management, and statutorily required 22
mandates. If state self-insurance was available as a carrier option, the report 23
also shall provide a detailed financial analysis of the self-insurance fund 24
including but not limited to loss ratios, reserves, and reinsurance agreements. 25
(f) If any agency participating in the state-sponsored employee health insurance 26
program for its active employees terminates participation and there is a state 27 UNOFFICIAL COPY 24 RS SB 74/EN
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appropriation for the employer's contribution for active employees' health 1
insurance coverage, then neither the agency nor the employees shall receive 2
the state-funded contribution after termination from the state-sponsored 3
employee health insurance program. 4
(g) Any funds in flexible spending accounts that remain after all reimbursements 5
have been processed shall be transferred to the credit of the state-sponsored 6
health insurance plan's appropriation account. 7
(h) Each entity participating in the state-sponsored health insurance program shall 8
provide an amount at least equal to the state contribution rate for the employer 9
portion of the health insurance premium. For any participating entity that used 10
the state payroll system, the employer contribution amount shall be equal to 11
but not greater than the state contribution rate. 12
(3) The premiums may be paid by the policyholder: 13
(a) Wholly from funds contributed by the employee, by payroll deduction or 14
otherwise; 15
(b) Wholly from funds contributed by any department, board, agency, public 16
postsecondary education institution, or branch of state, city, urban-county, 17
charter county, county, or consolidated local government; or 18
(c) Partly from each, except that any premium due for health care coverage or 19
dental coverage, if any, in excess of the premium amount contributed by any 20
department, board, agency, postsecondary education institution, or branch of 21
state, city, urban-county, charter county, county, or consolidated local 22
government for any other health care coverage shall be paid by the employee. 23
(4) If an employee moves his or her place of residence or employment out of the 24
service area of an insurer offering a managed health care plan, under which he or 25
she has elected coverage, into either the service area of another managed health care 26
plan or into an area of the Commonwealth not within a managed health care plan 27 UNOFFICIAL COPY 24 RS SB 74/EN
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service area, the employee shall be given an option, at the time of the move or 1
transfer, to change his or her coverage to another health benefit plan. 2
(5) No payment of premium by any department, board, agency, public postsecondary 3
educational institution, or branch of state, city, urban-county, charter county, 4
county, or consolidated local government shall constitute compensation to an 5
insured employee for the purposes of any statute fixing or limiting the 6
compensation of such an employee. Any premium or other expense incurred by any 7
department, board, agency, public postsecondary educational institution, or branch 8
of state, city, urban-county, charter county, county, or consolidated local 9
government shall be considered a proper cost of administration. 10
(6) The policy or policies may contain the provisions with respect to the class or classes 11
of employees covered, amounts of insurance or coverage for designated classes or 12
groups of employees, policy options, terms of eligibility, and continuation of 13
insurance or coverage after retirement. 14
(7) Group rates under this section shall be made available to the disabled child of an 15
employee regardless of the child's age if the entire premium for the disabled child's 16
coverage is paid by the state employee. A child shall be considered disabled if he or 17
she has been determined to be eligible for federal Social Security disability benefits. 18
(8) The health care contract or contracts for employees shall be entered into for a 19
period of not less than one (1) year. 20
(9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 21
State Health Insurance Subscribers to advise the secretary or the secretary's 22
designee regarding the state-sponsored health insurance program for employees. 23
The secretary shall appoint, from a list of names submitted by appointing 24
authorities, members representing school districts from each of the seven (7) 25
Supreme Court districts, members representing state government from each of the 26
seven (7) Supreme Court districts, two (2) members representing retirees under age 27 UNOFFICIAL COPY 24 RS SB 74/EN
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sixty-five (65), one (1) member representing local health departments, two (2) 1
members representing the Kentucky Teachers' Retirement System, and three (3) 2
members at large. The secretary shall also appoint two (2) members from a list of 3
five (5) names submitted by the Kentucky Education Association, two (2) members 4
from a list of five (5) names submitted by the largest state employee organization of 5
nonschool state employees, two (2) members from a list of five (5) names submitted 6
by the Kentucky Association of Counties, two (2) members from a list of five (5) 7
names submitted by the Kentucky League of Cities, and two (2) members from a 8
list of names consisting of five (5) names submitted by each state employee 9
organization that has two thousand (2,000) or more members on state payroll 10
deduction. The advisory committee shall be appointed in January of each year and 11
shall meet quarterly. 12
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 13
provided to employees pursuant to this section shall not provide coverage for 14
obtaining or performing an abortion, nor shall any state funds be used for the 15
purpose of obtaining or performing an abortion on behalf of employees or their 16
dependents. 17
(11) Interruption of an established treatment regime with maintenance drugs shall be 18
grounds for an insured to appeal a formulary change through the established appeal 19
procedures approved by the Department of Insurance, if the physician supervising 20
the treatment certifies that the change is not in the best interests of the patient. 21
(12) Any employee who is eligible for and elects to participate in the state health 22
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 23
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 24
state health insurance contribution toward health care coverage as a result of any 25
other employment for which there is a public employer contribution. This does not 26
preclude a retiree and an active employee spouse from using both contributions to 27 UNOFFICIAL COPY 24 RS SB 74/EN
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the extent needed for purchase of one (1) state sponsored health insurance policy 1
for that plan year. 2
(13) (a) The policies of health insurance coverage procured under subsection (2) of 3
this section shall include a mail-order drug option for maintenance drugs for 4
state employees. Maintenance drugs may be dispensed by mail order in 5
accordance with Kentucky law. 6
(b) A health insurer shall not discriminate against any retail pharmacy located 7
within the geographic coverage area of the health benefit plan and that meets 8
the terms and conditions for participation established by the insurer, including 9
price, dispensing fee, and copay requirements of a mail-order option. The 10
retail pharmacy shall not be required to dispense by mail. 11
(c) The mail-order option shall not permit the dispensing of a controlled 12
substance classified in Schedule II. 13
(14) The policy or policies provided to state employees or their dependents pursuant to 14
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 15
aid-related services for insured individuals under eighteen (18) years of age, subject 16
to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 17
pursuant to KRS 304.17A-132. 18
(15) Any policy provided to state employees or their dependents pursuant to this section 19
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 20
consistent with KRS 304.17A-142. 21
(16) Any policy provided to state employees or their dependents pursuant to this section 22
shall provide coverage for obtaining amino acid-based elemental formula pursuant 23
to KRS 304.17A-258. 24
(17) If a state employee's residence and place of employment are in the same county, 25
and if the hospital located within that county does not offer surgical services, 26
intensive care services, obstetrical services, level II neonatal services, diagnostic 27 UNOFFICIAL COPY 24 RS SB 74/EN
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cardiac catheterization services, and magnetic resonance imaging services, the 1
employee may select a plan available in a contiguous county that does provide 2
those services, and the state contribution for the plan shall be the amount available 3
in the county where the plan selected is located. 4
(18) If a state employee's residence and place of employment are each located in 5
counties in which the hospitals do not offer surgical services, intensive care 6
services, obstetrical services, level II neonatal services, diagnostic cardiac 7
catheterization services, and magnetic resonance imaging services, the employee 8
may select a plan available in a county contiguous to the county of residence that 9
does provide those services, and the state contribution for the plan shall be the 10
amount available in the county where the plan selected is located. 11
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 12
in the best interests of the state group to allow any carrier bidding to offer health 13
care coverage under this section to submit bids that may vary county by county or 14
by larger geographic areas. 15
(20) Notwithstanding any other provision of this section, the bid for proposals for health 16
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 17
the statewide rating structure provided in calendar year 2003 and a bid scenario that 18
allows for a regional rating structure that allows carriers to submit bids that may 19
vary by region for a given product offering as described in this subsection: 20
(a) The regional rating bid scenario shall not include a request for bid on a 21
statewide option; 22
(b) The Personnel Cabinet shall divide the state into geographical regions which 23
shall be the same as the partnership regions designated by the Department for 24
Medicaid Services for purposes of the Kentucky Health Care Partnership 25
Program established pursuant to 907 KAR 1:705; 26
(c) The request for proposal shall require a carrier's bid to include every county 27 UNOFFICIAL COPY 24 RS SB 74/EN
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within the region or regions for which the bid is submitted and include but not 1
be restricted to a preferred provider organization (PPO) option; 2
(d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 3
carrier all of the counties included in its bid within the region. If the Personnel 4
Cabinet deems the bids submitted in accordance with this subsection to be in 5
the best interests of state employees in a region, the cabinet may award the 6
contract for that region to no more than two (2) carriers; and 7
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 8
other requirements or criteria in the request for proposal. 9
(21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 10
after July 12, 2006, to public employees pursuant to this section which provides 11
coverage for services rendered by a physician or osteopath duly licensed under KRS 12
Chapter 311 that are within the scope of practice of an optometrist duly licensed 13
under the provisions of KRS Chapter 320 shall provide the same payment of 14
coverage to optometrists as allowed for those services rendered by physicians or 15
osteopaths. 16
(22) Any fully insured health benefit plan or self-insured plan issued or renewed to 17
public employees pursuant to this section shall comply with: 18
(a) KRS 304.12-237; 19
(b) KRS 304.17A-270 and 304.17A-525; 20
(c) KRS 304.17A-600 to 304.17A-633; 21
(d) KRS 205.593; 22
(e) KRS 304.17A-700 to 304.17A-730; 23
(f) KRS 304.14-135; 24
(g) KRS 304.17A-580 and 304.17A-641; 25
(h) KRS 304.99-123; 26
(i) KRS 304.17A-138; 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(j) KRS 304.17A-148; 1
(k) KRS 304.17A-163 and 304.17A-1631; 2
(l) KRS 304.17A-265; 3
(m) KRS 304.17A-261; 4
(n) KRS 304.17A-262;[ and] 5
(o) Section 5 of this Act; and 6
(p) Administrative regulations promulgated pursuant to statutes listed in this 7
subsection. 8
(23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed 9
to public employees pursuant to this section shall provide a special 10
enrollment period to pregnant women who are eligible for coverage in 11
accordance with the requirements set forth in Section 4 of this Act. 12
(b) The Department of Employee Insurance shall, at or before the time a public 13
employee is initially offered the opportunity to enroll in the plan or 14
coverage, provide the employee a notice of the special enrollment rights 15
under this subsection. 16
Section 7. KRS 164.2871 (Effective January 1, 2025) is amended to read as 17
follows: 18
(1) The governing board of each state postsecondary educational institution is 19
authorized to purchase liability insurance for the protection of the individual 20
members of the governing board, faculty, and staff of such institutions from liability 21
for acts and omissions committed in the course and scope of the individual's 22
employment or service. Each institution may purchase the type and amount of 23
liability coverage deemed to best serve the interest of such institution. 24
(2) All retirement annuity allowances accrued or accruing to any employee of a state 25
postsecondary educational institution through a retirement program sponsored by 26
the state postsecondary educational institution are hereby exempt from any state, 27 UNOFFICIAL COPY 24 RS SB 74/EN
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county, or municipal tax, and shall not be subject to execution, attachment, 1
garnishment, or any other process whatsoever, nor shall any assignment thereof be 2
enforceable in any court. Except retirement benefits accrued or accruing to any 3
employee of a state postsecondary educational institution through a retirement 4
program sponsored by the state postsecondary educational institution on or after 5
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 6
provided in KRS 141.010 and 141.0215. 7
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 8
members of governing boards, faculty and staff of institutions of higher education 9
in this state shall not be construed to be a waiver of sovereign immunity or any 10
other immunity or privilege. 11
(4) The governing board of each state postsecondary education institution is authorized 12
to provide a self-insured employer group health plan to its employees, which plan 13
shall: 14
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 15
(b) Except as provided in subsection (5) of this section, be exempt from 16
conformity with Subtitle 17A of KRS Chapter 304. 17
(5) A self-insured employer group health plan provided by the governing board of a 18
state postsecondary education institution to its employees shall comply with: 19
(a) KRS 304.17A-163 and 304.17A-1631; 20
(b) KRS 304.17A-265; 21
(c) KRS 304.17A-261;[ and] 22
(d) KRS 304.17A-262; and 23
(e) Section 5 of this Act. 24
(6) (a) A self-insured employer group health plan provided by the governing board 25
of a state postsecondary education institution to its employees shall provide 26
a special enrollment period to pregnant women who are eligible for 27 UNOFFICIAL COPY 24 RS SB 74/EN
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coverage in accordance with the requirements set forth in Section 4 of this 1
Act. 2
(b) The governing board of a state postsecondary education institution shall, at 3
or before the time an employee is initially offered the opportunity to enroll 4
in the plan or coverage, provide the employee a notice of the special 5
enrollment rights under this subsection. 6
Section 8. KRS 194A.099 is amended to read as follows: 7
(1) The Division of Health Benefit Exchange within the Office of Data Analytics shall 8
administer the provisions of the Patient Protection and Affordable Care Act of 9
2010, Pub. L. No. 111-148. 10
(2) The Division of Health Benefit Exchange shall: 11
(a) Facilitate enrollment in health coverage and the purchase and sale of qualified 12
health plans in the individual market; 13
(b) Facilitate the ability of eligible individuals to receive premium tax credits and 14
cost-sharing reductions and enable eligible small businesses to receive tax 15
credits, in compliance with all applicable federal and state laws and 16
regulations; 17
(c) Oversee the consumer assistance programs of navigators, in-person assisters, 18
certified application counselors, and insurance agents as appropriate; 19
(d) At a minimum, carry out the functions and responsibilities required pursuant 20
to 42 U.S.C. sec. 18031 to implement and comply with federal regulations in 21
accordance with 42 U.S.C. sec. 18041;[ and] 22
(e) Regularly consult with stakeholders in accordance with 45 C.F.R. sec. 23
155.130; and 24
(f) Comply with Section 4 of this Act. 25
(3) The Office of Data Analytics: 26
(a) May enter into contracts and other agreements with appropriate entities, 27 UNOFFICIAL COPY 24 RS SB 74/EN
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including but not limited to federal, state, and local agencies, as permitted 1
under 45 C.F.R. sec. 155.110, to the extent necessary to carry out the duties 2
and responsibilities of the office if[, provided that] the agreements incorporate 3
adequate protections with respect to the confidentiality of any information to 4
be shared;[.] 5
(b)[(4)] [The office ]Shall pursue all available federal funding for the further 6
development and operation of the Division of Health Benefit Exchange;[.] 7
(c)[(5)] [The Office of Health Data and Analytics ]Shall promulgate 8
administrative regulations in accordance with KRS Chapter 13A to implement 9
this section; and[.] 10
(d)[(6)] [The office ]Shall not establish procedures and rules that conflict with or 11
prevent the application of the Patient Protection and Affordable Care Act of 12
2010, Pub. L. No. 111-148. 13
Section 9. KRS 205.522 is amended to read as follows: 14
(1) With respect to the administration and provision of Medicaid benefits pursuant to 15
this chapter, the Department for Medicaid Services,[ and] any managed care 16
organization contracted to provide Medicaid benefits pursuant to this chapter, and 17
the state's medical assistance program shall be subject to, and comply with, the 18
following, as applicable:[provisions of ] 19
(a) KRS 304.17A-163;[, ] 20
(b) KRS 304.17A-1631;[, ] 21
(c) KRS 304.17A-167;[, ] 22
(d) KRS 304.17A-235;[, ] 23
(e) KRS 304.17A-257;[, ] 24
(f) KRS 304.17A-259;[, ] 25
(g) KRS 304.17A-263;[, ] 26
(h) KRS 304.17A-515;[, ] 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(i) KRS 304.17A-580;[, ] 1
(j) KRS 304.17A-600, 304.17A-603, and 304.17A-607;[, and ] 2
(k) KRS 304.17A-740 to 304.17A-743; and [, as applicable] 3
(l) Section 5 of this Act. 4
(2) A managed care organization contracted to provide Medicaid benefits pursuant to 5
this chapter shall comply with the reporting requirements of KRS 304.17A-732. 6
Section 10. KRS 205.592 is amended to read as follows: 7
(1) Except as provided in subsection (2) of this section, pregnant women, new mothers 8
up to twelve (12) months postpartum, and children up to age one (1) shall be 9
eligible for participation in the Kentucky Medical Assistance Program if: 10
(a)[(1)] They have family income up to but not exceeding one hundred and 11
eighty-five percent (185%) of the nonfarm income official poverty guidelines 12
as promulgated by the Department of Health and Human Services of the 13
United States as revised annually; and 14
(b)[(2)] They are otherwise eligible for the program. 15
(2) The percentage established in subsection (1)(a) of this section may be increased 16
to the extent: 17
(a) Permitted under federal law; and 18
(b) Funding is available. 19
Section 11. KRS 205.6485 is amended to read as follows: 20
(1) As used in this section, "KCHIP" means the Kentucky Children's Health 21
Insurance Program. 22
(2) The Cabinet for Health and Family Services shall: 23
(a) Prepare a state child health plan, known as KCHIP, meeting the requirements 24
of Title XXI of the Federal Social Security Act, for submission to the 25
Secretary of the United States Department of Health and Human Services 26
within such time as will permit the state to receive the maximum amounts of 27 UNOFFICIAL COPY 24 RS SB 74/EN
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federal matching funds available under Title XXI; and[. The cabinet shall, ] 1
(b) By administrative regulation promulgated in accordance with KRS Chapter 2
13A, establish the following: 3
1.[(a)] The eligibility criteria for children covered by KCHIP, which 4
shall include a provision that[the Kentucky Children's Health Insurance 5
Program. However,] no person eligible for services under Title XIX of 6
the Social Security Act, 42 U.S.C. secs. 1396 to 1396v, as amended, 7
shall be eligible for services under KCHIP,[the Kentucky Children's 8
Health Insurance Program] except to the extent that Title XIX coverage 9
is expanded by KRS 205.6481 to 205.6495 and KRS 304.17A-340; 10
2.[(b)] The schedule of benefits to be covered by KCHIP[the Kentucky 11
Children's Health Insurance Program], which shall:[ include preventive 12
services, vision services including glasses, and dental services including 13
at least sealants, extractions, and fillings, and which shall] 14
a. Be at least equivalent to one (1) of the following: 15
i.[1.] The standard Blue Cross/Blue Shield preferred provider 16
option under the Federal Employees Health Benefit Plan 17
established by 5 U.S.C. sec. 8903(1); 18
ii.[2.] A mid-range health benefit coverage plan that is offered and 19
generally available to state employees; or 20
iii.[3.] Health insurance coverage offered by a health 21
maintenance organization that has the largest insured 22
commercial, non-Medicaid enrollment of covered lives in the 23
state; and 24
b. Comply with subsection (6) of this section; 25
3.[(c)] The premium contribution per family for[of] health insurance 26
coverage available under the KCHIP, which[Kentucky Children's 27 UNOFFICIAL COPY 24 RS SB 74/EN
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Health Insurance Program with provisions for the payment of premium 1
contributions by families of children eligible for coverage by the 2
program based upon a sliding scale relating to family income. Premium 3
contributions] shall be based: 4
a. On a six (6) month period; and 5
b. Upon a sliding scale relating to family income not to exceed: 6
i.[1.] Ten dollars ($10), to be paid by a family with income 7
between one hundred percent (100%) to one hundred thirty-8
three percent (133%) of the federal poverty level; 9
ii.[2.] Twenty dollars ($20), to be paid by a family with income 10
between one hundred thirty-four percent (134%) to one 11
hundred forty-nine percent (149%) of the federal poverty 12
level; and 13
iii.[3.] One hundred twenty dollars ($120), to be paid by a 14
family with income between one hundred fifty percent 15
(150%) to two hundred percent (200%) of the federal 16
poverty level, and which may be made on a partial payment 17
plan of twenty dollars ($20) per month or sixty dollars ($60) 18
per quarter; 19
4.[(d)] There shall be no copayments for services provided under 20
KCHIP[the Kentucky Children's Health Insurance Program]; and 21
5.[(e)] a. The criteria for health services providers and insurers 22
wishing to contract with the Commonwealth to provide[ the 23
children's health insurance] coverage under KCHIP. 24
b. [However, ]The cabinet shall provide, in any contracting process 25
for coverage of[the] preventive services[health insurance 26
program], the opportunity for a public health department to bid on 27 UNOFFICIAL COPY 24 RS SB 74/EN
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preventive health services to eligible children within the public 1
health department's service area. A public health department shall 2
not be disqualified from bidding because the department does not 3
currently offer all the services required by[ paragraph (b) of] this 4
section[subsection]. The criteria shall be set forth in administrative 5
regulations under KRS Chapter 13A and shall maximize 6
competition among the providers and insurers. The[ Cabinet for] 7
Finance and Administration Cabinet shall provide oversight over 8
contracting policies and procedures to assure that the number of 9
applicants for contracts is maximized. 10
(3)[(2)] Within twelve (12) months of federal approval of the state's Title XXI child 11
health plan, the Cabinet for Health and Family Services shall assure that a KCHIP 12
program is available to all eligible children in all regions of the state. If necessary, 13
in order to meet this assurance, the cabinet shall institute its own program. 14
(4)[(3)] KCHIP recipients shall have direct access without a referral from any 15
gatekeeper primary care provider to dentists for covered primary dental services 16
and to optometrists and ophthalmologists for covered primary eye and vision 17
services. 18
(5)[(4)] KCHIP[The Kentucky Children's Health Insurance Plan] shall comply with 19
KRS 304.17A-163 and 304.17A-1631. 20
(6) The schedule of benefits required under subsection (2)(b)2. of this section shall 21
include: 22
(a) Preventive services; 23
(b) Vision services, including glasses; 24
(c) Dental services, including sealants, extractions, and fillings; and 25
(d) The coverage required under Section 5 of this Act. 26
SECTION 12. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 27 UNOFFICIAL COPY 24 RS SB 74/EN
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READ AS FOLLOWS: 1
(1) As used in this section: 2
(a) "Breast pump kit" means a collection of tubing, valves, flanges, bottles, and 3
other parts required to extract human milk using a breast pump; 4
(b) "In-home program" means a program offered by a health care facility or 5
health care professional for the treatment of substance use disorder which 6
the insured accesses through telehealth or digital health service; 7
(c) "Lactation consultation" means the clinical application of scientific 8
principles and a multidisciplinary body of evidence for evaluation, problem 9
identification, treatment, education, and consultation to families regarding 10
the course of lactation and feeding by a qualified clinical lactation care 11
practitioner, including but not be limited to: 12
1. Clinical maternal, child, and feeding history and assessment related to 13
breastfeeding and human lactation through the systematic collection 14
of subjective and objective information; 15
2. Analysis of data; 16
3. Development of a lactation management and child feeding plan with 17
demonstration and instruction to parents; 18
4. Provision of lactation and feeding education; 19
5. The recommendation and use of assistive devices; 20
6. Communication to the primary health care practitioner or 21
practitioners and referral to other health care practitioners, as needed; 22
7. Appropriate follow-up with evaluation of outcomes; and 23
8. Documentation of the encounter in a patient record; 24
(d) "Qualified clinical lactation care practitioner" means a licensed health care 25
practitioner wherein lactation consultation is within their legal scope of 26
practice; and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(e) "Telehealth" or "digital health" has the same meaning as in KRS 211.332. 1
(2) The Department for Medicaid Services and any managed care organization with 2
which the department contracts for the delivery of Medicaid services shall provide 3
coverage: 4
(a) For lactation consultation; 5
(b) For breastfeeding equipment; 6
(c) To pregnant and postpartum women for an in-home program; and 7
(d) For telehealth or digital health services that are related to maternity care 8
associated with pregnancy, childbirth, and postpartum care. 9
(3) The coverage required by this section shall: 10
(a) Not be subject to: 11
1. Any cost-sharing requirements, including but not limited to 12
copayments; or 13
2. Utilization management requirements, including but not limited to 14
prior authorization, prescription, or referral, except as permitted in 15
paragraph (d) of this subsection; 16
(b) Be provided in conjunction with each birth for the duration of 17
breastfeeding, as defined by the beneficiary; 18
(c) For lactation consultation, include: 19
1. In-person, one-on-one consultation, including home visits, regardless 20
of location of service provision; 21
2. The delivery of consultation via telehealth, as defined in KRS 205.510, 22
if the beneficiary requests telehealth consultation in lieu of in-person, 23
one-on-one consultation; or 24
3. Group consultation, if the beneficiary requests group consultation in 25
lieu of in-person, one-on-one consultation; and 26
(d) For breastfeeding equipment, include: 27 UNOFFICIAL COPY 24 RS SB 74/EN
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1. Purchase of a single-user, double electric breast pump, or a manual 1
pump in lieu of a double electric breast pump, if requested by the 2
beneficiary; 3
2. Rental of a multi-user breast pump on the recommendation of a 4
licensed health care provider; and 5
3. Two (2) breast pump kits as well as appropriately sized breast pump 6
flanges and other lactation accessories recommended by a health care 7
provider. 8
(4) (a) The breastfeeding equipment described in subsection (3)(d) of this section 9
shall be furnished within forty-eight (48) hours of notification of need, if 10
requested after the birth of the child, or by the later of two (2) weeks before 11
the beneficiary's expected due date or seventy-two (72) hours after 12
notification of need, if requested prior to the birth of the child. 13
(b) If the department cannot ensure delivery of breastfeeding equipment in 14
accordance with paragraph (a) of this subsection, an individual may 15
purchase equipment and the department or a managed care organization 16
with whom the department contracts for the delivery of Medicaid services 17
shall reimburse the individual for all out-of-pocket expenses incurred by the 18
individual, including any balance billing amounts. 19
Section 13. If the application of a provision of Section 4 or 5 of this Act results, 20
or would result, in a determination that the state must make payments to defray the cost 21
of the provision under 42 U.S.C. sec. 18031(d)(3) and 45 C.F.R. sec. 155.170, as 22
amended, or would be required to make payments to defray the cost of the provision 23
under 42 U.S.C. sec. 18031(d)(3) and 45 C.F.R. sec. 155.170, as amended, if the 24
provision were not suspended or otherwise inapplicable under state law, then the 25
Department of Insurance shall, within 180 days of the effective date of this section, apply 26
for a waiver under 42 U.S.C. sec. 18052, as amended, or any other applicable federal law 27 UNOFFICIAL COPY 24 RS SB 74/EN
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of all or any of the cost defrayal requirements. 1
Section 14. If the Cabinet for Health and Family Services determines that a 2
waiver or other authorization from a federal agency is necessary to implement Section 8, 3
9, 10, 11, or 12 of this Act for any reason, including the loss of federal funds, the cabinet 4
shall, within 90 days of the effective date of this section, request the waiver or 5
authorization, and may only delay implementation of those provisions for which a waiver 6
or authorization was deemed necessary until the waiver or authorization is granted. 7
Section 15. The Cabinet for Health and Family Services shall study existing 8
doula certification programs in the United States and currently operating doula services in 9
the Commonwealth of Kentucky. The study shall review the training and quality 10
requirements of doula certifications and consider potential recommendations regarding 11
doula services for populations most at risk for poor perinatal outcomes. The Cabinet for 12
Health and Family Services may receive input from parties concerned with this study. By 13
December 1, 2024, the Cabinet for Health and Family Services shall provide a report on 14
the study to the Legislative Research Commission for referral to the Interim Joint 15
Committee on Health Services. As used in this section, "doula services" means services 16
provided by a trained nonmedical professional to support women and families throughout 17
labor and birth, and intermittently during the prenatal and postpartum periods. 18
Section 16. Sections 4 to 8 of this Act apply to plans issued or renewed on or 19
after January 1, 2025. 20
Section 17. Sections 4, 5, 6, 7, 8, and 16 of this Act take effect January 1, 2025. 21
Section 18. KRS 211.684 is amended to read as follows: 22
(1) For the purposes of KRS Chapter 211: 23
(a) "Child fatality" means the death of a person under the age of eighteen (18) 24
years; and 25
(b) ["Local child and maternal fatality response team" and "local team" means a 26
community team composed of representatives of agencies, offices, and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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institutions that investigate child and maternal deaths, including but not 1
limited to, coroners, social service workers, medical professionals, law 2
enforcement officials, and Commonwealth's and county attorneys; and 3
(c) ]"Maternal fatality" means the death of a woman during pregnancy and 4
within one (1) year of the end of the pregnancy[giving birth]. 5
(2) The Department for Public Health may establish a state child [and maternal ]fatality 6
review team. The state child fatality review team may include representatives of 7
public health, social services, law enforcement agencies with investigation 8
responsibilities for child fatalities, the offices of Commonwealth's and county 9
attorneys[prosecution], coroners, health-care providers, and other agencies or 10
professions deemed appropriate by the commissioner of the department. 11
(3) If a state child fatality review team is created, the duties of the state team may 12
include but not be limited to the following: 13
(a) Develop and distribute a model protocol for local child [and maternal ]fatality 14
response teams for the investigation of child[ and maternal] fatalities; 15
(b) Facilitate the development of local child [and maternal ]fatality response 16
teams, as permitted under Section 19 of this Act, including but[ which may 17
include, but is] not limited to[,] providing joint training opportunities and, 18
upon request, providing technical assistance; 19
(c) Review and approve local protocols prepared and submitted by local teams; 20
(d) Receive data and information on child [and maternal ]fatalities and analyze 21
the information to identify trends, patterns, and risk factors; 22
(e) Evaluate the effectiveness of prevention and intervention strategies adopted;[ 23
and] 24
(f) Recommend changes in state programs, legislation, administrative 25
regulations, policies, budgets, and treatment and service standards which may 26
facilitate strategies for prevention and reduce the number of child[ and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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maternal] fatalities; and 1
(g) Cooperate, as appropriate, with the external child fatality and near fatality 2
review panel established by KRS 620.055 upon request. 3
(4) The department shall establish a state maternal fatality review team. The state 4
maternal fatality review team may include representatives of public health, social 5
services, law enforcement, coroners, health-care providers, and other agencies or 6
professions deemed appropriate by the commissioner of the department. 7
(5) The duties of the state maternal fatality review team may include but not be 8
limited to the following: 9
(a) Receive data and information on maternal fatalities and analyze the 10
information to identify trends, patterns, and risk factors; 11
(b) Evaluate the effectiveness of prevention and intervention strategies adopted; 12
and 13
(c) Recommend changes in state programs, legislation, administrative 14
regulations, policies, budgets, and treatment and service standards which 15
may facilitate strategies for prevention and reduce the number of maternal 16
fatalities. 17
(6) The department shall prepare an annual report to be submitted no later than 18
November 1 of each year to the Governor, the Legislative Research Commission 19
for referral to the Interim Joint Committee on Families and Children and the 20
Interim Joint Committee on Health Services, the Chief Justice of the Kentucky 21
Supreme Court, and to be made available to the citizens of the Commonwealth. The 22
report shall include a statistical analysis, including but not limited to Medicaid, 23
Kentucky Children's Health Insurance Program, or other health benefit 24
coverage,[that includes the demographics of] race, ethnicity[income], and 25
geography, of the incidence and causes of child and maternal fatalities in the 26
Commonwealth during the past fiscal year and recommendations for action. The 27 UNOFFICIAL COPY 24 RS SB 74/EN
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report shall not include any information which would identify specific child and 1
maternal fatality cases. Separate reports may be submitted for the state child 2
fatality review team and the state maternal fatality review team. 3
(7) The proceedings, records, opinions, and deliberations of the state child fatality 4
review team and of the state maternal fatality review team shall be privileged and 5
shall not be subject to discovery, subpoena, or introduction into evidence in any 6
civil action in any manner that would directly or indirectly identify specific 7
persons or cases reviewed by the state child fatality review team or the state 8
maternal fatality review team. Nothing in this subsection shall be construed to 9
restrict or limit the right to discover or use in any civil action any evidence that is 10
discoverable independent of the proceedings of the state child fatality review team 11
or the state maternal fatality review team. 12
Section 19. KRS 211.686 is amended to read as follows: 13
(1) A local child [and maternal ]fatality response team may be established in every 14
county or group of contiguous counties by the coroner or coroners with jurisdiction 15
in the county or counties. The local coroner may authorize the creation of additional 16
local teams within the coroner's jurisdiction as needed. 17
(2) Membership of [the ]local teams[team] may include representatives of the coroner, 18
the local office of the Department for Community Based Services, law enforcement 19
agencies with investigation responsibilities for child [and maternal ]fatalities which 20
occur within the jurisdiction of the local team, the Commonwealth's and county 21
attorneys, representatives of the medical profession, and other members whose 22
participation the local team believes is important to carry out its purpose. Each local 23
team member shall be appointed by the agency the member is representing and 24
shall serve at the pleasure of the appointing authority. 25
(3) The purpose of the local child [and maternal ]fatality response teams[team] shall be 26
to: 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(a) Allow each member to share specific and unique information with the local 1
team; 2
(b) Generate overall investigative direction and emphasis through team 3
coordination and sharing of specialized information; 4
(c) Create a body of information that will assist in the coroner's effort to 5
accurately identify the cause and reasons for death; and 6
(d) Facilitate the appropriate response by each member agency to the fatality, 7
including but not limited to, intervention on behalf of others who may be 8
adversely affected by the situation, implementation of health services 9
necessary for protection of other citizens, further investigation by law 10
enforcement, or legal action by Commonwealth's or county attorneys. 11
(4) [The ]Local teams[team] may: 12
(a) Analyze information regarding local child [and maternal ]fatalities to identify 13
trends, patterns, and risk factors; 14
(b) Recommend to the state teams[team] established under Section 18 of this 15
Act, and any other entities deemed appropriate, changes in state or local 16
programs, legislation, administrative regulations, policies, budgets, and 17
treatment and service standards which may facilitate strategies for prevention 18
and reduce the number of child [and maternal ]fatalities; and 19
(c) Evaluate the effectiveness of local prevention and intervention strategies. 20
(5) [The ]Local teams[team] may establish a protocol for the investigation of child [and 21
maternal ]fatalities and may establish operating rules and procedures as deemed[it 22
deems] necessary to carry out the purposes of this section. 23
(6) The review of a child [and maternal ]fatality by a local team may include 24
information from reports generated or received by agencies, organizations, or 25
individuals that are responsible for investigation, prosecution, or treatment in the 26
case. 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(7) The proceedings, records, opinions, and deliberations of [the ]local teams[team] 1
shall be privileged and shall not be subject to discovery, subpoena, or introduction 2
into evidence in any civil action in any manner that would directly or indirectly 3
identify specific persons or cases reviewed by [the ]local teams[team]. Nothing in 4
this subsection shall be construed to restrict or limit the right to discover or use in 5
any civil action any evidence that is discoverable independent of the proceedings of 6
[the ]local teams[team]. 7
Section 20. KRS 216.2929 is amended to read as follows: 8
(1) (a) The Cabinet for Health and Family Services shall make available on its 9
website information on charges for health-care services at least annually in 10
understandable language with sufficient explanation to allow consumers to 11
draw meaningful comparisons between every hospital and ambulatory facility, 12
differentiated by payor if relevant, and for other provider groups as relevant 13
data becomes available. 14
(b) Any charge information compiled and reported by the cabinet shall include 15
the median charge and other percentiles to describe the typical charges for all 16
of the patients treated by a provider and the total number of patients 17
represented by all charges, and shall be risk-adjusted. 18
(c) The report shall clearly identify the sources of data used in the report and 19
explain limitations of the data and why differences between provider charges 20
may be misleading. Every provider that is specifically identified in any report 21
shall be given thirty (30) days to verify the accuracy of its data prior to public 22
release and shall be afforded the opportunity to submit comments on its data 23
that shall be included on the website and as part of any printed report of the 24
data. 25
(d) The cabinet shall only provide linkages to organizations that publicly report 26
comparative-charge data for Kentucky providers using data for all patients 27 UNOFFICIAL COPY 24 RS SB 74/EN
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treated regardless of payor source, which may be adjusted for outliers, is risk-1
adjusted, and meets the requirements of paragraph (c) of this subsection. 2
(2) (a) The cabinet shall make information available on its website at least annually 3
describing quality and outcome measures in understandable language with 4
sufficient explanations to allow consumers to draw meaningful comparisons 5
between every hospital and ambulatory facility in the Commonwealth and 6
other provider groups as relevant data becomes available. 7
(b) 1. The cabinet shall utilize only national quality indicators that have been 8
endorsed and adopted by the Agency for Healthcare Research and 9
Quality, the National Quality Forum, or the Centers for Medicare and 10
Medicaid Services; or 11
2. The cabinet shall provide linkages only to the following organizations 12
that publicly report quality and outcome measures on Kentucky 13
providers: 14
a. The Centers for Medicare and Medicaid Services; 15
b. The Agency for Healthcare Research and Quality; 16
c. The Joint Commission; and 17
d. Other organizations that publicly report relevant outcome data for 18
Kentucky providers. 19
(c) The cabinet shall utilize or refer the general public to only those nationally 20
endorsed quality indicators that are based upon current scientific evidence or 21
relevant national professional consensus and have definitions and calculation 22
methods openly available to the general public at no charge. 23
(3) Any report the cabinet disseminates or refers the public to shall: 24
(a) Not include data for a provider whose caseload of patients is insufficient to 25
make the data a reliable indicator of the provider's performance; 26
(b) Meet the requirements of subsection (1)(c) of this section; 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(c) Clearly identify the sources of data used in the report and explain the 1
analytical methods used in preparing the data included in the report; and 2
(d) Explain any limitations of the data and how the data should be used by 3
consumers. 4
(4) The cabinet shall report at least biennially, no later than October 1 of each odd-5
numbered year, on the special health needs of the minority population in the 6
Commonwealth as compared to the population in the Commonwealth as compared 7
to the population at large. The report shall contain an overview of the health status 8
of minority Kentuckians, shall identify the diseases and conditions experienced at 9
disproportionate mortality and morbidity rates within the minority population, and 10
shall make recommendations to meet the identified health needs of the minority 11
population. 12
(5) Beginning December 1, 2024, and at least annually thereafter, the Cabinet for 13
Health and Family Services shall publish a report on its website for the most 14
recent five (5) years of available data on the number and types of delivery 15
procedures for pregnancy by hospital, including but not limited to the following 16
procedures: 17
(a) Augmentation of labor; 18
(b) Cesarean section; 19
(c) Episiotomy; 20
(d) Induction of labor; 21
(e) Primary cesarean section; 22
(f) Nulliparous, term, singleton, vertex (NTSV) cesarean section; 23
(g) Use of forceps; 24
(h) Use of vacuum; 25
(i) Vaginal birth after cesarean (VBAC); and 26
(j) Vaginal delivery. 27 UNOFFICIAL COPY 24 RS SB 74/EN
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The cabinet shall use health data collected pursuant to KRS 216.2920 to 216.2929 1
to obtain the required information, and may use additional sources including 2
data derived from birth certificates if the required information is not available 3
from data collected pursuant to KRS 216.2920 to 216.2929. 4
(6) The reports[report] required under subsections[subsection] (4) and (5) of this 5
section shall be submitted to the Legislative Research Commission for referral to 6
the Interim Joint Committees on Appropriations and Revenue, Families and 7
Children, and Health Services, and to the Governor. 8
Section 21. KRS 211.575 is amended to read as follows: 9
(1) As used in this section, "department" means the Department for Public Health. 10
(2) The Department for Public Health shall establish and implement a plan for 11
achieving continuous quality improvement in the quality of care provided under a 12
statewide system for stroke response and treatment. In implementing the plan, the 13
department shall: 14
(a) Maintain a statewide stroke database to compile information and statistics on 15
stroke care as follows: 16
1. The database shall align with the stroke consensus metrics developed 17
and approved by the American Heart Association, the American Stroke 18
Association, the Centers for Disease Control and Prevention, and the 19
Joint Commission; 20
2. The department shall utilize the "Get With The Guidelines-Stroke" 21
quality improvement program maintained by the American Heart 22
Association and the American Stroke Association or another nationally 23
recognized program that utilizes a data set platform with patient 24
confidentiality standards no less secure than the statewide stroke 25
database established in this paragraph; and 26
3. Require certified stroke centers as established in KRS 216B.0425 to 27 UNOFFICIAL COPY 24 RS SB 74/EN
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report to the database each case of stroke seen at the facility. The data 1
shall be reported in a format consistent with nationally recognized 2
guidelines on the treatment of individuals within the state with 3
confirmed cases of stroke; 4
(b) To the extent possible, coordinate with national voluntary health organizations 5
involved in stroke quality improvement to avoid duplication and redundancy; 6
(c) Encourage the sharing of information and data among health care providers 7
on methods to improve the quality of care of stroke patients in the state; 8
(d) Facilitate communication about data trends and treatment developments 9
among health care professionals involved in the care of individuals with 10
stroke; 11
(e) Require the application of evidence-based treatment guidelines for the 12
transition of stroke patients upon discharge from a hospital following acute 13
treatment to community-based care provided in a hospital outpatient, 14
physician office, or ambulatory clinic setting; and 15
(f) Establish a data oversight process and a plan for achieving continuous quality 16
improvement in the quality of care provided under the statewide system for 17
stroke response and treatment, which shall include: 18
1. Analysis of the data included in the stroke database; 19
2. Identification of potential interventions to improve stroke care in 20
specific geographic regions of the state; and 21
3. Recommendations to the department and the Kentucky General 22
Assembly for improvement in the delivery of stroke care in the state. 23
(3) All data reported under subsection (2)(a) of this section shall be made available to 24
the department and all government agencies or contractors of government agencies 25
which are responsible for the management and administration of emergency 26
medical services throughout the state. 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(4) By September[On June 1, 2013, and annually on June] 1 of each year[thereafter], 1
the department shall provide a report of its data and any related findings and 2
recommendations to the Governor and to the Legislative Research Commission for 3
referral to the Interim Joint Committee on Health Services. The report also shall 4
be made available on the department's website[ Web site]. 5
(5) Nothing in this section shall be construed to require the disclosure of confidential 6
information or data in violation of the federal Health Insurance Portability and 7
Accountability Act of 1996. 8
Section 22. KRS 211.689 is amended to read as follows: 9
(1) As used in this section and KRS 211.690: 10
(a) "Home visitation" means a service delivery strategy with voluntary 11
participation [by eligible families that is carried out in the homes ]of at-risk 12
parents during the prenatal period and until the child's third birthday that 13
provides [face-to-face ]visits by nurses, social workers, and other [early 14
childhood ]professionals or trained and supervised paraprofessionals to 15
improve maternal, infant, and child health and well-being, including: 16
1. Reducing preterm births; 17
2. Promoting positive parenting practices; 18
3. Improving school readiness; 19
4. Enhancing the social, emotional, and cognitive development of children; 20
5. Reducing child abuse and neglect; 21
6. Improving the health of the family; and 22
7. Empowering families to be self-sufficient; 23
(b) "Home visitation program" means the voluntary statewide home visiting 24
program established by KRS 211.690 or a program implementing a research-25
based model or a promising model that includes voluntary home visitation as 26
a primary service delivery strategy that may supplement but shall not 27 UNOFFICIAL COPY 24 RS SB 74/EN
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duplicate any existing program that provides assistance to parents [of young 1
children ]and that does not include: 2
1. Programs with few or infrequent home visits; 3
2. Home visits based on professional judgment or medical referrals that are 4
infrequent and supplemental to a treatment plan; 5
3. Programs in which home visiting is supplemental to other services, such 6
as child protective services; 7
4. In-home services delivered to at-risk parents through provisions of an 8
individualized family service plan or individualized education program 9
under the federal Individuals with Disabilities Education Act, Part B or 10
C; or 11
5. Programs with goals related to direct intervention of domestic violence 12
or substance abuse; 13
(c) "Research-based model" means a home visitation model based on a clear, 14
consistent program model that: 15
1. Is research-based, grounded in relevant empirically based knowledge, 16
linked to program determined outcomes, has comprehensive home 17
visitation standards that ensure high-quality service delivery and 18
continuous quality improvement, and has demonstrated significant, 19
sustained positive outcomes; 20
2. Employs highly trained and compe tent professionals or 21
paraprofessionals who are provided close supervision and continual 22
professional development and training relevant to the specific model 23
being delivered; 24
3. Demonstrates strong linkages to other community-based services; and 25
4. Is operated within an organization to ensure program fidelity and meets 26
the outlined objectives and criteria for the model design; and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(d) "Promising model" means a home visitation model that has ongoing research, 1
is modeled after programs with proven standards and outcomes, and has 2
demonstrated its effectiveness or is actively incorporating model evaluation 3
protocols designed to measure its efficacy. 4
(2) [Beginning fiscal year 2014, ]An agency receiving state funds for the purpose of the 5
delivery of home visitation services shall: 6
(a) Meet the definition of home visitation program in this section; 7
(b) Demonstrate to the Department for Public Health that it is part of a 8
coordinated system of care for promoting health and well-being for at-risk 9
parents during the prenatal period and until the child's third birthday; and 10
(c) Report data to the statewide home visiting data system managed by the 11
Department for Public Health in a uniform format prescribed by the 12
department ensuring[assuring ]common data elements, relevant home visiting 13
data, and information to monitor program effectiveness, including program 14
outcomes, numbers of families served, and other relevant data as determined 15
by the department. 16
Section 23. KRS 213.046 is amended to read as follows: 17
(1) A certificate of birth for each live birth which occurs in the Commonwealth shall be 18
filed with the state registrar within five (5) working days after such birth and shall 19
be registered if it has been completed and filed in accordance with this section and 20
applicable administrative regulations. No certificate shall be held to be complete 21
and correct that does not supply all items of information called for in this section 22
and in KRS 213.051, or satisfactorily account for their omission except as provided 23
in KRS 199.570(3). If a certificate of birth is incomplete, the state[local] registrar 24
shall immediately notify the responsible person and require that person to supply 25
the missing items, if that information can be obtained. 26
(2) When a birth occurs in an institution or en route thereto, the person in charge of the 27 UNOFFICIAL COPY 24 RS SB 74/EN
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institution or that person's designated representative, shall obtain the personal data, 1
prepare the certificate, secure the signatures required, and file the certificate as 2
directed in subsection (1) of this section or as otherwise directed by the state 3
registrar within the required five (5) working days. The physician or other person in 4
attendance shall provide the medical information required for the certificate and 5
certify to the fact of birth within five (5) working days after the birth. If the 6
physician or other person in attendance does not certify to the fact of birth within 7
the five (5) working day period, the person in charge of the institution shall 8
complete and sign the certificate. 9
(3) When a birth occurs in a hospital or en route thereto to a woman who is unmarried, 10
the person in charge of the hospital or that person's designated representative shall 11
immediately before or after the birth of a child, except when the mother or the 12
alleged father is a minor: 13
(a) Meet with the mother prior to the release from the hospital; 14
(b) Attempt to ascertain whether the father of the child is available in the hospital, 15
and, if so, to meet with him, if possible; 16
(c) Provide written materials and oral, audio, or video materials about paternity; 17
(d) Provide the unmarried mother, and, if possible, the father, with the voluntary 18
paternity form necessary to voluntarily establish paternity; 19
(e) Provide a written and an oral, audio, or video description of the rights and 20
responsibilities, the alternatives to, and the legal consequences of 21
acknowledging paternity; 22
(f) Provide written materials and information concerning genetic paternity 23
testing; 24
(g) Provide an opportunity to speak by telephone or in person with staff who are 25
trained to clarify information and answer questions about paternity 26
establishment; 27 UNOFFICIAL COPY 24 RS SB 74/EN
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(h) If the parents wish to acknowledge paternity, require the voluntary 1
acknowledgment of paternity obtained through the hospital-based program be 2
signed by both parents and be authenticated by a notary public; 3
(i) Upon both the mother's and father's request, help the mother and father in 4
completing the affidavit of paternity form; 5
(j) Upon both the mother's and father's request, transmit the affidavit of paternity 6
to the state registrar; and 7
(k) In the event that the mother or the alleged father is a minor, information set 8
forth in this section shall be provided in accordance with Civil Rule 17.03 of 9
the Kentucky Rules of Civil Procedure. 10
If the mother or the alleged father is a minor, the paternity determination shall be 11
conducted pursuant to KRS Chapter 406. 12
(4) The voluntary acknowledgment of paternity and declaration of paternity forms 13
designated by the Vital Statistics Branch shall be the only documents having the 14
same weight and authority as a judgment of paternity. 15
(5) The Cabinet for Health and Family Services shall: 16
(a) Provide to all public and private birthing hospitals in the state written 17
materials in accessible formats and audio or video materials concerning 18
paternity establishment forms necessary to voluntarily acknowledge paternity; 19
(b) Provide copies of a written description in accessible formats and an audio or 20
video description of the rights and responsibilities of acknowledging 21
paternity; and 22
(c) Provide staff training, guidance, and written instructions regarding voluntary 23
acknowledgment of paternity as necessary to operate the hospital-based 24
program. 25
(6) When a birth occurs outside an institution, verification of the birth shall be in 26
accordance with the requirements of the state registrar and a birth certificate shall 27 UNOFFICIAL COPY 24 RS SB 74/EN
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be prepared and filed by one (1) of the following in the indicated order of priority: 1
(a) The physician in attendance at or immediately after the birth; or, in the 2
absence of such a person, 3
(b) A midwife or any other person in attendance at or immediately after the birth; 4
or, in the absence of such a person, 5
(c) The father, the mother, or in the absence of the father and the inability of the 6
mother, the person in charge of the premises where the birth occurred or of 7
the institution to which the child was admitted following the birth. 8
(7) No physician, midwife, or other attendant shall refuse to sign or delay the filing of a 9
birth certificate. 10
(8) If a birth occurs on a moving conveyance within the United States and the child is 11
first removed from the conveyance in the Commonwealth, the birth shall be 12
registered in the Commonwealth, and the place where the child is first removed 13
shall be considered the place of birth. If a birth occurs on a moving conveyance 14
while in international waters or air space or in a foreign country or its air space and 15
the child is first removed from the conveyance in the Commonwealth, the birth 16
shall be registered in the Commonwealth, but the certificate shall show the actual 17
place of birth insofar as can be determined. 18
(9) The following provisions shall apply if the mother was married at the time of either 19
conception or birth or anytime between conception and birth: 20
(a) If there is no dispute as to paternity, the name of the husband shall be entered 21
on the certificate as the father of the child. The surname of the child shall be 22
any name chosen by the parents; however, if the parents are separated or 23
divorced at the time of the child's birth, the choice of surname rests with the 24
parent who has legal custody following birth;[.] 25
(b) If the mother claims that the father of the child is not her husband and the 26
husband agrees to such a claim and the putative father agrees to the statement, 27 UNOFFICIAL COPY 24 RS SB 74/EN
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a three (3) way affidavit of paternity may be signed by the respective parties 1
and duly notarized. The state registrar of vital statistics shall enter the name of 2
a nonhusband on the birth certificate as the father and the surname of the child 3
shall be any name chosen by the mother; and[.] 4
(c) If a question of paternity determination arises which is not resolved under 5
paragraph (b) of this subsection, it shall be settled by the District Court. 6
(10) The following provisions shall apply if the mother was not married at the time of 7
either conception or birth or between conception and birth or the marital 8
relationship between the mother and her husband has been interrupted for more than 9
ten (10) months prior to the birth of the child: 10
(a) The name of the father shall not be entered on the certificate of birth. The 11
state registrar shall upon acknowledgment of paternity by the father and with 12
consent of the mother pursuant to KRS 213.121, enter the father's name on the 13
certificate. The surname of the child shall be any name chosen by the mother 14
and father. If there is no agreement, the child's surname shall be determined 15
by the parent with legal custody of the child;[.] 16
(b) If an affidavit of paternity has been properly completed and the certificate of 17
birth has been filed accordingly, any further modification of the birth 18
certificate regarding the paternity of the child shall require an order from the 19
District Court;[.] 20
(c) In any case in which paternity of a child is determined by a court order, the 21
name of the father and surname of the child shall be entered on the certificate 22
of birth in accordance with the finding and order of the court; and[.] 23
(d) In all other cases, the surname of the child shall be any name chosen by the 24
mother. 25
(11) If the father is not named on the certificate of birth, no other information about the 26
father shall be entered on the certificate. In all cases, the maiden name of the 27 UNOFFICIAL COPY 24 RS SB 74/EN
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gestational mother shall be entered on the certificate. 1
(12) Any child whose surname was restricted prior to July 13, 1990, shall be entitled to 2
apply to the state registrar for an amendment of a birth certificate showing as the 3
surname of the child, any surname chosen by the mother or parents as provided 4
under this section. 5
(13) The birth certificate of a child born as a result of artificial insemination shall be 6
completed in accordance with the provisions of this section. 7
(14) Each birth certificate filed under this section shall include all Social Security 8
numbers that have been issued to the parents of the child. 9
(15) Either of the parents of the child, or other informant, shall attest to the accuracy of 10
the personal data entered on the certificate in time to permit the filing of the 11
certificate within five (5)[ten (10)] days prescribed in subsection (1) of this section. 12
(16) When a birth certificate is filed for any birth that occurred outside an institution, the 13
Cabinet for Health and Family Services shall forward information regarding the 14
need for an auditory screening for an infant and a list of options available for 15
obtaining an auditory screening for an infant. The list shall include the Office for 16
Children with Special Health Care Needs, local health departments as established in 17
KRS Chapter 212, hospitals offering obstetric services, alternative birthing centers 18
required to provide an auditory screening under KRS 216.2970, audiological 19
assessment and diagnostic centers approved by the Office for Children with Special 20
Health Care Needs in accordance with KRS 211.647 and licensed audiologists, and 21
shall specify the hearing methods approved by the Office for Children with Special 22
Health Care Needs in accordance with KRS 216.2970. 23
Section 24. KRS 387.540 is amended to read as follows: 24
(1) (a) Prior to a hearing on a petition for a determination of partial disability or 25
disability and the appointment of a limited guardian, guardian, limited 26
conservator, or conservator, an interdisciplinary evaluation report shall be 27 UNOFFICIAL COPY 24 RS SB 74/EN
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filed with the court. The report may be filed as a single and joint report of the 1
interdisciplinary evaluation team, or it may otherwise be constituted by the 2
separate reports filed by each individual of the team. 3
(b) If the court and all parties to the proceeding and their attorneys agree to the 4
admissibility of the report or reports, the report or reports shall be admitted 5
into evidence and shall be considered by the court or the jury if one is 6
impaneled. 7
(c) The report shall be compiled by at least three (3) individuals, including: 8
1. A physician, an advanced practice registered nurse, or a physician 9
assistant;[,] 10
2. A psychologist licensed or certified under the provisions of KRS 11
Chapter 319;[,] and 12
3. A person licensed or certified as a social worker or an employee of the 13
Cabinet for Health and Family Services who has at least one (1) year of 14
investigative experience and has completed training in conducting 15
decisional capacity assessments[meets the qualifications of KRS 16
335.080(1)(a), (b), and (c) or 335.090(1)(a), (b), and (c)]. The social 17
worker shall, when possible, be chosen from among employees of the 18
Cabinet for Health and Family Services residing or working in the area, 19
and there shall be no additional compensation for their service on the 20
interdisciplinary evaluation team. 21
(2) At least one (1) person participating in the compilation of the report shall have 22
knowledge of the particular disability which the respondent is alleged to have or 23
knowledge of the skills required of the respondent to care for himself and his estate. 24
(3) If the respondent is alleged to be partially disabled or disabled due to mental illness, 25
at least one (1) person participating in the compilation of the interdisciplinary 26
evaluation report shall be a qualified mental health professional as defined in KRS 27 UNOFFICIAL COPY 24 RS SB 74/EN
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202A.011(12). If the respondent is alleged to be partially disabled or disabled due 1
to an intellectual disability, at least one (1) person participating in the compilation 2
of the evaluation report shall be a qualified professional in the area of intellectual 3
disabilities as defined in KRS 202B.010(12). 4
(4) The interdisciplinary evaluation report shall contain: 5
(a) A description of the nature and extent of the respondent's disabilities, if any; 6
(b) Current evaluations of the respondent's social, intellectual, physical, and 7
educational condition, adaptive behavior, and social skills. Such evaluations 8
may be based on prior evaluations not more than three (3) months old, except 9
that evaluations of the respondent's intellectual condition may be based on 10
individual intelligence test scores not more than one (1) year old; 11
(c) An opinion as to whether guardianship or conservatorship is needed, the type 12
of guardianship or conservatorship needed, if any, and the reasons therefor; 13
(d) An opinion as to the length of time guardianship or conservatorship will be 14
needed by the respondent, if at all, and the reasons therefor; 15
(e) If limited guardianship or conservatorship is recommended, a further 16
recommendation as to the scope of the guardianship or conservatorship, 17
specifying particularly the rights to be limited and the corresponding powers 18
and duties of the limited guardian or limited conservator; 19
(f) A description of the social, educational, medical, and rehabilitative services 20
currently being utilized by the respondent, if any; 21
(g) A determination whether alternatives to guardianship or conservatorship are 22
available; 23
(h) A recommendation as to the most appropriate treatment or rehabilitation plan 24
and living arrangement for the respondent and the reasons therefor; 25
(i) A listing of all medications the respondent is receiving, the dosage, and a 26
description of the impact of the medication upon the respondent's mental and 27 UNOFFICIAL COPY 24 RS SB 74/EN
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physical condition and behavior; 1
(j) An opinion whether attending a hearing on a petition filed under KRS 2
387.530 would subject the respondent to serious risk of harm; 3
(k) The names and addresses of all individuals who examined or interviewed the 4
respondent or otherwise participated in the evaluation; and 5
(l) Any dissenting opinions or other comments by the evaluators. 6
(5) The evaluation report may be compiled by a community center for mental health or 7
individuals with an intellectual disability, a licensed facility for mentally ill or 8
developmentally disabled persons, if the respondent is a resident of such facility, or 9
a similar agency. 10
(6) In all cases where the respondent is a resident of a licensed facility for mentally ill 11
or developmentally disabled persons and the petition is filed by an employee of that 12
facility, the petition shall be accompanied by an interdisciplinary evaluation report 13
prepared by the facility. 14
(7) Except as provided in subsection (6) of this section, the court shall order 15
appropriate evaluations to be performed by qualified persons or a qualified agency. 16
The report shall be prepared and filed with the court and copies mailed to the 17
attorneys for both parties at least ten (10) days prior to the hearing. All items 18
specified in subsection (4) of this section shall be included in the report. 19
(8) If the person evaluated is a poor person as defined in KRS 453.190, the examiners 20
shall be paid by the county in which the petition is filed upon an order of allowance 21
entered by the court. Payment shall be in an amount which is reasonable as 22
determined by the court, except no payment shall be required of the county for an 23
evaluation performed by a salaried employee of a state agency for an evaluation 24
performed within the course of his employment. Additionally, no payment shall be 25
required of the county for an evaluation performed by a salaried employee of a 26
community center for mental health or individuals with an intellectual disability or 27 UNOFFICIAL COPY 24 RS SB 74/EN
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SB007420.100 - 82 - XXXX 4/15/2024 6:47 PM Engrossed
private facility or agency where the costs incurred by the center, facility, or agency 1
are reimbursable through third-party payors. Affidavits or other competent evidence 2
shall be admissible to prove the services rendered but not to prove their value. 3
(9) The respondent may file a response to the evaluation report no later than five (5) 4
days prior to the hearing. 5
(10) The respondent may secure an independent evaluation. If the respondent is unable 6
to pay for the evaluation, compensation for the independent evaluation may be paid 7
by the county in an amount which is reasonable as determined by the court. 8