Healthcare

Amend KRS 202A.011 to define "benefit from treatment," "individual with a mental illness," and "severe mental illness"; remove "mentally ill person" and redefine "danger"; amend KRS 202A.028 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; amend KRS 202A.051 to allow a court to order a respondent to participate in outpatient psychiatric treatment; allow a court to require a hospital to notify the court and the Commonwealth if the hospital releases a person who is hospitalized; allow a court to order a person released from hospitalization to participate in outpatient psychiatric treatment; require that any petition filed under this section to expire in 30 days if it has not been served on the respondent; amend KRS 202A.061 to allow the Commonwealth to file an emergency motion to be heard within 48 hours regarding the hospitalization of an individual with a mental illness who has been found by a qualified mental health professional to not meet the criteria for involuntary hospitalization; create new sections of KRS Chapter 202A to require the court to appoint an outpatient provider for every person who is ordered to community-based outpatient treatment; require a multidisciplinary team to regularly monitor a person's adherence to community-based outpatient treatment; allow a court or an authorized staff physician to order a 72 hour emergency admission to a hospital for every person who fails to comply with an order for community-based outpatient treatment; require the court to conduct a review hearing no later than 72 hours prior to the expiration or request for early release by a hospital of a period of involuntary hospitalization for individuals who have been diagnosed with a severe mental illness and within the past 12 months been involuntarily committed to a hospital setting or have been found incompetent to stand trial within the past 12 months; amend KRS 202A.0819 to allow a court to order a person who is receiving assisted outpatient treatment to comply with any other reasonable conditions; amend KRS 202A.0823 to allow a court to determine if a person should be ordered to receive specific care in line with his or her treatment plan; amend KRS 202A.091 to allow a petitioner who qualifies as a responsible party under KRS 311.631 to participate in an involuntary hospitalization proceeding and receive the respondent's discharge plan; amend KRS 202A.101 to allow a person to be transported to a hospital without a copy of the petition for involuntary hospitalization when a court orders it under KRS 202A.028 and 202A.061; amend KRS 202C.010 to amend the definition of "evidentiary hearing"; amend "individual with a mental illness" and remove "mentally ill person"; amend KRS 202C.020 to establish the duties and pay for the guardian ad litem in a 202C proceeding; amend KRS 202C.030 to extend the date of the evidentiary hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; prohibit the respondent from using the insanity defense; amend KRS 202C.040 to extend the date of the commitment hearing from 20 to 45 days, unless the court orders a later hearing date for good cause shown; establish the duties of the guardian ad litem; amend KRS 202C.050 to remove criteria to be committed under this chapter; amend KRS 202C.060 to provide that after the initial standard review hearing, subsequent review hearings shall occur once every 2 years unless a material change has occurred; require competency evaluations to be conducted at least once every 2 years; amend KRS 202C.130 to include notice of motions filed by forensic psychiatric facilities to the Commonwealth and all other parties of record; amend various sections to conform; repeal KRS 202A.081, relating to court-ordered community-based outpatient treatment.

Create a new section of KRS Chapter 216B to require each hospital licensed by the Cabinet for Health and Family Services to establish policies and procedures to improve care for sickle cell disease patients, develop programs to prevent and address addiction risks for sickle cell disease patients, and provide patients with education and resources by January 1, 2027.

Amend KRS 205.529, 218A.172, 218A.205, and 304.17A.165 to remove references to a Schedule III controlled substance containing hydrocodone; amend KRS 218A.010 to add optometrist and physician assistant to the definition of "practitioner" licensed in other states; amend KRS 218A.182 to exempt charitable health care practitioners from electronic prescription requirement; amend KRS 218A.202 to require an active account with the electronic monitoring system be maintained by practitioners or pharmacists prescribing or dispensing Schedule II, III, IV, or V controlled substances; amend KRS 218A.245 to permit the Cabinet for Health and Family Services to enter reciprocal agreements or contracts with any federal agency of the United States or its territories.

Amend KRS 314.011 to define "dispense" or "dispensing" if prescribed, as receiving and distributing nonscheduled legend drugs; include receiving and distributing nonscheduled legend drug samples from pharmaceutical manufacturers; define "dispense" or "dispensing" for an advanced practice registered nurse as the same as in KRS 315.010.

Create a new section of KRS Chapter 205 to define terms; direct the Cabinet for Health and Family Services to prepare and submit a waiver amendment application to the federal Centers for Medicare and Medicaid Services to amend the 1915(c) HCB waiver program to include coverage for assisted living services; establish coverage limits; require the cabinet to promulgate administrative regulations; require the cabinet or the Department for Medicaid Services to seek federal approval if it is determined that such approval is necessary; provide authorization from the General Assembly to make changes in the Medicaid program as required under KRS 205.5372(1).

Repeal, reenact, and amend KRS 216B.250 as a new section of KRS Chapter 367 to define terms; require health facilities and other health care providers to provide itemized health care statements in certain circumstances; specify the contents of the health care statements; require that health care statements contain information about price classifications and claims made with third-party payors; prohibit health facilities and providers from charging for the health care statements; establish means by which patients may request a health care statement to be furnished; require health facilities and providers to make public postings and have appropriate staff available to respond to questions and resolve disputes; make conforming amendments; prohibit health facilities and other providers from requesting or accepting a total payment for health care services that exceeds an agreed-upon price or the amount the facility or provider is entitled to receive under state or federal law; authorize the Attorney General to enforce certain state and federal laws regulating health care prices; allow a violation to be cured for good-faith errors; establish causes of action and penalties for violation of health care billing requirements; authorize the Attorney General to enforce health care billing requirements; specify that remedies and penalties are cumulative; authorize the Attorney General to promulgate administrative regulations to effectuate or aid in the effectuation of health care billing requirements; amend KRS 304.14-410, 304.32-1551, 214.556, 216B.990, and 216B.300 to conform; EFFECTIVE January 1, 2027.

Amend KRS 304.17A-132 to modify the definition of "hearing aid"; increase the coverage amount for hearing aids from $1,400 to $2,500; establish network adequacy requirements relating to the provision of hearing aids and related services that are required to be covered; amend KRS 18A.225 to increase the cap on hearing aids and hearing aid-related services under the state employee health plan from $1,400 to $2,500; direct that the Act applies to health benefit plans issued or renewed on or after January 1, 2027; EFFECTIVE January 1, 2027.

Amend KRS 304.17A-164 to define and redefine terms; establish cost-sharing requirements for prescription drugs; require rebates to be passed through; establish confidentiality requirements for the rebate information; create a new section of KRS 365.880 to 365.900 to provide that the actual amount of rebates received is a trade secret; provide that compliance with prescription drug cost-sharing and rebate requirements shall not be in violation of the Uniform Trade Secrets Act; amend KRS 304.17C-125, 304.38A-115, 18A.225, and 164.2871 to apply the cost-sharing and rebate requirements for prescription drugs to limited health service benefit plans, limited health service organizations, the state employee health plan, and self-insured employer group health plans provided by the governing board of a state postsecondary education institution; apply provisions to health plans issued or renewed on or after January 1, 2027; EFFECTIVE January 1, 2027.

Propose to create a new section of the Constitution of Kentucky to enshrine Medicaid expansion coverage; direct the Secretary of State to advertise the proposed constitutional amendment prior to a general election vote; provide ballot language; submit to voters for ratification or rejection.

Create a new section of Subtitle 1 of KRS Chapter 304 to limit the application of cost-sharing requirements that would result in a health insurance policy, certificate, plan, or contract losing its health savings account-qualified status under federal law; create a new section of KRS Chapter 18A to subject cost-sharing requirements in that chapter to applicability limitation; provide that applicability limitation applies to policies, certificates, plans, and contracts issued or renewed on or after the effective date of the Act; provide purpose of Section 1 of the Act; state the that Section 1 of the Act may be cited as the Health Savings Account State-Federal Regulatory Coordination Model Act.