Rep. Tom Smith

Create new sections of Subtitle 17C of KRS Chapter 304 to define terms; permit third-party access to provider network contracts if certain conditions are met; prohibit a dental carrier from canceling or otherwise ending a contractual relationship with a provider that opts out of third-party access; require a dental carrier to accept a qualified provider regardless of whether the provider opts out of third-party access; provide that a provider shall not be bound by third-party access granted in violation of the relevant provisions; establish exceptions to the third-party access provisions; allow a dental benefit plan to deny a claim for procedures included in a prior authorization when certain conditions are met; establish requirements for payments from the dental benefit plan to the dentist; require an insurer of a dental benefit plan to honor an assignment of benefits and make payments directly to the dentist or professional dental service corporation when certain conditions are met; permit a dentist or professional dental service corporation with a valid assignment of benefits to bill the insurer and notify the insurer of the assignment; require the dentist or professional dental service organization to provide the assignment of benefits to the insurer upon request; allow an assignment of benefits to be revoked when certain conditions are met; require the insurer of a dental benefit plan to send a revocation to the dentist or professional dental service corporation; establish the effective date of a revocation; require a dentist or professional dental service corporation to reimburse an insured under certain circumstances; prohibit provisions relating to third-party access, prior authorization, and assignment of benefits from being waived by contract; create a new section of Subtitle 17A of KRS Chapter 304 to require an insurer and its health insurance plans to comply with the provisions relating to third-party access, prior authorization, and assignment of benefits; amend KRS 304.17C-085 to define terms; prohibit a provider from charging more than the provider's rate for noncovered services under a limited health service benefit plan; prohibit the amount of a contractual discount for covered services from resulting in a fee less than the limited health service benefit plan would pay but for certain contractual limitations; require reimbursement by a limited health service benefit plan to be reasonable and prohibit nominal reimbursement in order to claim services are covered; amend KRS 304.17A-611 to require retrospective denials of dental services to comply with the new section on prior authorization; amend KRS 222.422 to conform; permit the commissioner of insurance to promulgate regulations.

Urge the President of the United States to issue an executive order to remove the federally mandated reformulated gasoline requirements for all affected areas nationwide, including Jefferson County and parts of Bullitt and Oldham Counties, for the remainder of 2022.

Amend KRS 314.042 to require that advanced practice registered nurses exempted from a CAPA-NS include certified nurse practitioners, certified nurse midwifes, and certified registered nurse anesthetists; allow the CAPA-CS to include limitations on drugs and amounts and requirements for the APRN to communicate with the physician before prescribing; establish conditions for an APRN to prescribe controlled substances without a CAPA-CS after four years of controlled substance prescribing authority under a CAPA-CS; require an APRN to confirm with the nursing board that the APRN's license is in good standing before prescribing without a CAPA-CS; set procedures for the nursing board's license review, including promulgation of administrative regulations; exempt an equivalently qualified out-of-state APRN from the CAPA-CS requirement to prescribe under licensure by endorsement; prohibit an APRN from prescribing controlled substances without a CAPA-CS until the board has completed its review and notified the APRN in writing; create a new section of KRS Chapter 194A to create the Controlled Substance Prescribing Boards Advisory Council within the Office of the Inspector General; establish membership of the board; require meetings to discuss matters relating to the prescribing on controlled substances; require annual report.

Create various new sections of KRS 218A to define terms and establish a medicinal cannabis program; create a new section of KRS Chapter 138 to establish an excise tax on certain transfers of medicinal cannabis; amend KRS 139.470 to exempt the sale of medical cannabis from the state sales tax; amend KRS 138.870 to exempt medicinal cannabis from the excise tax on controlled substances; amend KRS 216B.402 to require hospital emergency departments to report cases of cannabinoid hyperemesis syndrome to the Department for Public Health; amend KRS 218A.010, 218A.1421, 218A.1422, and 218A.1423 to conform; amend KRS 218A.202 to require the Department for Public Health to utilize the electronic system for monitoring controlled substances to monitor medicinal cannabis; amend 218A.500 to conform; amend KRS 342.815 to establish that the Employer’s Mutual Insurance Authority shall not be required to provide coverage to an employer if doing so would subject the authority to a violation of state or federal law; some sections EFFECTIVE July 1, 2023; APPROPRIATION.

Amend KRS 156.070 to require KHSAA to promulgate administrative regulations or bylaws requiring schools to designate all interscholastic athletics based upon the biological sex of the students eligible to participate; prohibit male students from participating in girls' athletics; establish how to designate biological sex; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a school that violates these provisions; create a new section of KRS Chapter 164 to require a public postsecondary education institution or private postsecondary education institution that is a member of a national intercollegiate athletic association to designate all intercollegiate and intramural athletics authorized by the institution based on biological sex of students eligible to participate; require that institutions prohibit male students from participating in womens' athletics; prohibit designated agencies from entertaining complaints or investigations of policies; create a cause of action against a postsecondary institution that violates these provisions; title the Act "Fairness in Womens' Sports Act."

Express support for the State of Israel and opposition to the international Boycott, Divestment, and Sanctions movement which seeks to harm the State of Israel.

Amend KRS 304.17A-164 to prohibit insurers, pharmacy benefit managers, and other administrators of pharmacy benefits from imposing certain requirements on health plan insureds; create new sections of Subtitle 17A of KRS Chapter 304 to establish definitions for pharmacy-related insurance practices; require pharmacy benefit managers to establish reasonably adequate and accessible pharmacy networks; require pharmacy benefit managers to file, and the insurance commissioner to review, an annual report describing pharmacy networks; provide that information and data acquired by the Department of Insurance shall be considered proprietary and not subject to disclosure under KRS 61.870 to 61.884; establish requirements for certain contracts between a pharmacy or pharmacist and a pharmacy benefit manager; establish prohibited practices for pharmacy benefit managers; establish certain requirements for insurers and pharmacy benefit managers contracting for the provision of pharmacy benefit management services; prohibit administrators from offering any incentive or discount for use of an affiliated pharmacy benefit manager; establish a Pharmacy Benefits Management Advisory Council; create a new section of Subtitle 99 of KRS Chapter 304 to authorize the insurance commissioner to order reimbursement to persons who incurred a monetary loss as a result of a violation of provisions of legislation; amend KRS 304.9-054 to make technical changes; authorize the promulgation of administrative regulations; require pharmacy benefit managers to report certain information to the insurance commissioner; provide that certain reported information shall not be subject to disclosure under KRS 61.870 to 61.884; amend KRS 304.17A-708, 304.17A-712, and 304.17A-714 to conform; create a new section of Subtitle 17C of KRS Chapter 304 to apply provisions of legislation to limited health service benefit plans, including limited health service contracts; create a new section of Subtitle 38A of KRS Chapter 304 to apply provisions of legislation to limited health service organizations; amend 18A.225 to require the state employee health plan to comply with provisions of legislation; amend KRS 367.828 to establish certain requirements for the health discount plans that purport to offer discounts, or access to discounts, on prescription drugs; provide for staggered appointments to the Pharmacy Benefits Management Advisory Council; provide that provisions of this Act shall be severable; require the insurance commissioner to promulgate regulations to implement the Act on or before January 1, 2023; EFFECTIVE, in part, January 1, 2023.

Amend KRS 186A.510 to define the term "salvage vehicle"; amend KRS 186A.520 setting forth the requirements for a salvage title; amend KRS 186A.190 to conform; amend KRS 186A.530 to conform.

Create a new section of KRS Chapter 237 to prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; and prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; EMERGENCY.

Honor the Kentucky Historical Society.