All Civil Actions Legislation - Kentucky

Create new sections of KRS Chapter 411 to establish procedures for civil actions arising from exposure to silica or mixed dust; define related terms; require that a physical impairment be an essential element in a civil action based on exposure to silica or mixed dust; require a prima facie showing of a physical impairment before bringing or maintaining a civil action; provide for dismissal of civil actions for failure to establish a prima facie showing of a physical impairment resulting from exposure to silica or mixed dust; toll the statue of limitations on claims not barred by the effective date until such time as an individual discovers or should have discovered a physical impairment; distinguish claims for nonmalignant conditions from claims for silica or mixed dust related cancer; establish requirements for wrongful death claims; exempt a premises owner from liability unless the individual's exposure occurred while on the property of the owner, and extend liability exemption relating [...]

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Create new sections of KRS Chapter 205 to define terms; establish that proof of a person's intent to commit an unlawful act shall not be required in a civil or administrative proceeding to show that the person acted knowingly in respect to Medicaid fraud; establish unlawful acts related to Medicaid; require the Cabinet for Health and Family Services to provide the Attorney General with access to all documentary materials for the investigation of Medicaid fraud; identify individuals to whom the Attorney General may disclose documentary material; provide immunity for individuals providing access to documentary material to employees of the Attorney General and other state and federal authorities involved in the investigation of Medicaid fraud; require the cabinet to establish by administrative regulation sanctions for a provider found liable for Medicaid fraud; subject licensed professions found liable for Medicaid fraud to disciplinary action by their respective licensure boards; provide [...]

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Amend KRS 148.795 to define certain terms related to the operation of the Kentucky Recreational Trails Authority; to expand the membership of the authority with representation from the Kentucky Motorcycle Association, League of Kentucky Sportsmen, Kentucky Council of Area Development Districts, ATV association representatives, hiking or backpacking organizations, Kentucky Horse Council, and others; authorize the Kentucky Recreational Trails Authority and other governmental entities to enter into recreational land use agreements through contractual arrangements establishing allowable purposes; establish provisions that these recreational land use agreements do not ensure certain privileges or rights; allow governmental entities to construct, improve, renovate, finance or otherwise provide for recreational activities and facilities on designated public and private lands where owners have entered into land use agreements with the authority or a governmental entity; provide for establishment [...]

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Amend KRS 216B.165 to require an agent or employee of a health care facility or service to report noncompliance with professional standards of care that jeopardizes patient care or safety; provide that the report may be provided to the office of the inspector general if response from health care facility or service is untimely or inadequate; create a new section of KRS Chapter 216B to permit employee or agent who has been retaliated against to file a complaint with the commissioner of the Department of Labor, authorize the commissioner to order reinstatement, restitution of lost wages, or other action; authorize an employee to file a civil action for retaliation within one year from occurrence of retaliation; permit court to order reinstatement, back wages, punitive damages, or a combination; permit court to order payment of attorney fees and court costs to health care facility or service if civil action was brought in bad faith, with malicious purpose, or without basis; create a new section [...]

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Amend KRS 304.2-210 pertaining to examination of insurance companies to define "examination workpaper;" establish criteria to be considered by the executive director of the Office of Insurance in scheduling and determining the nature, scope, and frequency of examinations; permit the executive director to examine or investigate to the extent the executive director deems necessary or material; specify when a report of the most recently completed examination of a foreign, or alien, insurer can be accepted in lieu of the executive director making his or her own examination; amend KRS 304.2-230 to require the observance of guidelines in the Examiners' Handbook adopted by the National Association of Insurance Commissioner; establish criteria of who may be appointed as examiner; provide immunity for examiners; authorize the examiner to issue subpoenas; permit the executive director to terminate or suspend an examination in order to pursue other legal or regulatory action; amend KRS 304.2-250 to [...]

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Create new sections of KRS Chapter 411 to outline specific civil liability and related procedures for financial recovery after the theft of motor fuel for motor vehicles and motorboats; define "motor fuel," "retailer," "retail facility," and "vehicle"; authorize retailers to mail a notice demanding payment from the owner of a vehicle that receives motor fuel without making proper payment to the retailer; allow retailers to impose a $30 service charge in addition to recovering the cost of the motor fuel; impose a civil penalty in the amount of the greater of the price of the motor fuel or $100 if the owner has not made payment within 30 days after the notice was mailed; require that retailers conspicuously display notice of the service charge on the premises from which the motor fuel was received; forbid further collection efforts if the vehicle owner disputes the retailer's claim within the 30 days after the notice was mailed; limit retailers to collecting payment only pursuant to a court [...]

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