Legislative Issues - Health
LEGISLATIVE ISSUES HEALTH 2012 GA END SUMMARY
(Click on the bill number to read the complete bill)
Making Health a Priority in Kentucky
HB 265 Biennial Budget (2012 GA): No cuts to Medicaid. Institutes colon cancer screening for 2,000 uninsured Kyians. No cuts to Community Mental Health Centers; increase in funding to provide substance abuse services to 5,800 Medicaid recipients and a new program of supported housing and employment for 600 individuals with severe mental illness. Increased funding to hire more social workers in Child Protective Services and reduce caseloads. Some cuts to programs for aging and Dept. for Community Based Services. Funding for Adult Abuse Registry, expansion of KASPER program to monitor prescriptions for controlled substances. Passed to Governor
Protecting Consumer Access to Health Care
Medicaid services and supports are now under managed care for 540,000 Kentuckians. Advocates are concerned about continuity of care at a minimum and for a strong role and voice for consumers and family members in the Medicaid system. Urge policymakers to assure that current levels of Medicaid coverage and services are maintained, particularly access to the most appropriate medications. Advocate for more transparency in reporting and data, spending on services and for patient protections. Several bills were filed which would have furthered these goals, but none were given more than a hearing without a vote in committee. A bill which would have imposed prescription copays for Medicaid members in managed care plans failed to pass.
HB 262 Greer Charge Medicaid members a co-pay for prescriptions to be used to subsidize pharmacy dispensing fees. Passed House and also a Senate committee
HB 540 Jenkins Require MCOs to have a common formulary; to conduct P&T Committee meetings under Open Meetings law; report Prior Authorizations and their outcomes. Hearing only.
HB 566 Thompson Require that Medicaid members have the patient protections as do Kentuckians covered under other insurance plans issued in the Commonwealth. Hearings only.
SB 76 Shaughnessy Require transparency in Medicaid contracts and annual reporting by Medicaid MCOs to legislative committees. No hearing.
Protecting the Wellbeing of Kentuckians
Legislation in this category was geared toward protection of children from abuse and neglect and creating oversight of the Cabinet for Health and Family Services in their actions in the wake of the death of a youngster in western Kentucky who was known to the Cabinet. These bills passed the House, but were not passed in the Senate. The second area of interest was in creating more protection for vulnerable adults. Even though no bills addressing adult abuse passed into law, an Adult Abuse Registry can be instituted by the Executive branch through regulation or by Executive Order of the Governor, and probably will, as there is funding in the budget for it.
HB 200 Westrom Establish a Child Fatality Review Board separate from the Cabinet. Passed House.
HB 237 Westrom Require front-line social workers employed by the Cabinet for Health & Family Services to be licensed by the Board of Social Work. Passed House.
HB 250 Rollins Create a registry of all individuals for whom a charge of abuse, neglect, or exploitation of an adult has been substantiated. Passed House.
HB 259 Palumbo Create an adult abuse registry
like HB 250. Passed House.
HB 281 Jenkins Require high school coaches to receive training in recognizing concussions and head injuries; requires certain actions before athlete can return to play. Passed to Governor
HB 416 Marzian Require reporting of Hospital Acquired Infections. No hearing.
HB 467 Combs Create stroke response and treatment protocols, education, quality improvement. Amended to include Golden Alert D for individuals with traumatic brain injury or developmental disability. Passed to Governor
HB 510 Flood Create oral health pilot program for nursing home residents. Bill failed in the Senate when language was amended to it which established a review panel before lawsuits could be filed against a nursing home. Passed House.
HCR 38 Jenkins Establish a Task Force on Children Exposed to Domestic Violence. Passed House
SB 35 Buford Prohibit nursing homes and LTC facilities from hiring anyone who has a conviction for drugs, abuse, neglect, theft or exploitation of an adult or a sexual crime. No hearing.
SB 37 Harper Angel Require nursing homes and LTC facilities to conduct a fingerprint check before hiring an individual. No hearing.
SB 104 Harper Angel Create an adult abuse registry. No hearing.
Improving the Health of Kentuckians
Another session passed without enacting legislation to address the need for increased physical activity in the schools or the use of the Body Mass Index (BMI) measurement. Legislation to establish a Colon Cancer Screening Program did not move in the House, but funding for the program was passed in the budget. HB 225 to establish a 4-year pilot program of wellness for state employees has passed both chambers but concurrence has not yet been confirmed; it may still be acted on before the session adjourns. While legislation to establish a comprehensive statewide indoor smoking ban did not pass, it did receive approval by a House committee, the first time that has occurred.
HB 55 Glenn Establish a Colon Cancer Screening Program. Bill did not move in the House, but funding for the program was passed in the budget.
HB 68 Belcher Childhood Obesity Require data collection & physical activity for Ktg Grade 5 of 90 minutes per week. No hearing.
HB 225 Richards Establish a 4-year pilot program of wellness for state employees; measure outcomes and report back to the General Assembly Passed both chambers; may still be acted on
HB 238 Jenkins Create a drop-off program for safe disposal of prescription drugs. Passed House and also Senate committee.
HB 289 Westrom Comprehensive statewide indoor smoking ban. Passed House committee.
HB 494 Rollins Establish physical activity requirements in schools. No hearing.
HCR 29 Graham Establishes the KY Childrens Outdoor Bill of Rights, encouraging use of parks and other outdoor areas; language softened by the Senate. Passed to Governor
SB 39 Harper Angel Collect BMI on health prevention forms and submit data to Department of Education for analysis and recommendations. No hearing.
SB 68 Stein Require scientifically-based, age-appropriate, medically correct information be provided to students in the area of sex education. No hearing.
Implement the Affordable Care Act to the Fullest Extent Possible
Advocates want to take an active role in the development of health insurance exchanges to include private and public coverage and a comprehensive, consumer-friendly benefit package and structure. There was no legislative activity around the formation of the Exchange in Kentucky which will likely be created by Executive Order of the Governor.
The death of a resident of a Personal Care Home in Lebanon, KY generated legislation to address inappropriate placement in these facilities. SB 115 will require evaluation of individuals before a placement can be made in a personal care home.
HB 313 Marzian Require Medicaid to reimburse the CMHCs at 100% of their costs in providing services to Medicaid recipients. Passed House committee.
HB 307 Mills Require evaluation before individual is placed in a personal care home; specific screening for brain injury and prohibit placement if score is too low. Passed House committee.
HB 485 Rollins Remove mental retardation from all statutes and regs. Passed House. Same as SB 212 Stein Passed Senate committee.
SB 115 Higdon Require evaluation before individual is placed in a personal care home; specific screening for brain injury and prohibit placement for individual under age 18 Passed to Governor
The rise of substance abuse in Kentucky was the focus of numerous pieces of legislation relating to controlling access to pseudoephedrine, the main ingredient in making meth, to banning access to other addictive substances, to regulating pain management clinics to eliminate pill mills, to controlling the prescribing of controlled substances and increasing the use of KASPER, the electronic monitoring system. There were also unsuccessful attempts to require mandatory drug testing of persons receiving public assistance or receiving vocational education and training.
The General Assembly passed SB 3, a compromise measure which allows some amounts of pseudoephedrine to be purchased without a prescription and requires a prescription beyond that amount. Liquid and gel pseudoephedrine will still be unregulated. HB 4, a priority piece of legislation for Speaker Stumbo, now incorporates pain management clinic legislation from the Senate with legislation which places KASPER in the Attorney Generals office and directs the licensure board to set standards for increased use of KASPER for reporting and monitoring prescriptions for controlled substances. The legislation had not passed before the Veto Recess; it will be worked on in conference committee in order to try to pass a compromise piece of legislation on the last day of the session.
HB 26 Napier Require drug testing of persons receiving public assistance. Hearing only.
SB 23 Higdon Require drug testing of individuals receiving vocational education. No hearing
HB 79 Belcher Make pseudoephedrine available only by prescription. No hearing.
SB 50 Jensen Same as Belcher bill. Passed Senate.
HB 80 Yonts Ban purchase of pseudoephedrine by anyone convicted of a drug-related offense. No hearing.
SB 79 Rhoads Same as Yonts bill. No hearing.
SB 3 Stivers Compromise measure allows some amounts of pseudoephedrine to be purchased without a prescription; requires a prescription beyond that. Passed to Governor
HB 106 Steele Prohibit possession of dextromethorphan. No hearing.
HB 166 Floyd Prohibit pharmacy techs from distributing pseudoephedrine. No hearing.
HB 218 Meeks Collect fees for criminal cases involving abuse; use fees to pay for treatment. No hearing.
HB 251 Mayfield Prohibit payment of pain management services & prescriptions with cash. No hearing
HB 481 Tilley Prohibit trafficking in or possession of synthetic drugs. Passed to Governor
SB 2, 42 & SB 100 Higdon Places requirements on regulating pain management clinics. No hearing.
SB 98 Palmer Places requirements on regulating pain management clinics. No hearing.
HB 4 Stumbo Incorporated pain management clinic legislation with increased use of KASPER for reporting and monitoring prescriptions. Will be worked on in conference committee on the last day of the session to try to pass a compromise piece of legislation.
Regulation of Healthcare Providers & Insurance Issues
The vast majority of bills to either create licensure for a provider group, modify licensure or scope of practice for a class of providers or to obtain insurance reimbursement for their services failed to pass in this session. Bills to require accreditation of Health Departments also failed. SB 85, which would have permitted health care providers to charge $1/page for a copy of an individuals medical records failed to pass. The legislature passed SB 114, which limits insurers in the private market from requiring fail first medication access procedures for policy-holders.
HB 39 Burch Require accreditation of Health Departments (also HB 206 J. Lee). No hearing
HB 137 Stacy Create a board and license Radiology Professionals. Passed to Governor
HB 150 Coursey Provide income tax credit for health care providers who give charitable care. No hearing.
HB 202 - Sinnette Health insurance coverage of chiropractic services. Passed House
HB 247 Marzian Revisions to licensure statute for Professional Art Therapists. Passed House
HB 335 Jenkins Move from certification to licensure for Alcohol & Drug Counselors. Passed House committee
HB 349 Thompson Institute rules for pharmacy audits Passed to Governor
HB 435 Santoro Create licensure for Anesthesiologist Assistants. Passed House committee
HB 458 Bell Refine the definition of Ambulatory Surgical Centers. Passed to Governor
HB 512 - Marzian Remove restrictions on APRNs prescribing of noncontrolled substances. Passed House.
SB 82 Denton Make revisions in board of LTC Administrators Passed to Governor
SB 85 Denton Permit health care providers to charge $1/page for copy of medical records. Passed Senate committee.
SB 96 Buford Allow Physician Assistants to prescribe controlled substances. Hearing only
SB 114 Denton Limit insurers from requiring fail first medication access procedures; require prompt review and response to appeals and prior authorization. Passed to Governor
SB 126 Denton Revisions to licensure statute for Social Workers. Passed to Governor
SB 138 Denton Require Impact Plus providers to have the right to an administrative hearing. Passed Senate.
SB 147 Denton Require Medicaid to contract directly with Impact Plus providers. No hearing
SB 187 - Hornback Same as HB 512. No hearing.
SB 190 Gibson Defines role of physicians in overseeing APRN prescribing. No hearing