All Health and Medical Services Legislation - Kentucky

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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Create new sections of KRS Chapter 216 to provide for the certification of personal service agencies; define the terms "agency," "cabinet," "client," "department," "designated representative," "family," "personal services," "personal services agency"; and, "parent personal services agency"; require a personal services agency to be certified; require the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations; require personal services agencies to have written policies and procedures maintained by the agency and disclosed to the client, written personal service agreements, and written personal services plans; qualify that only personal services agencies meeting standards for certification will be granted a certificate; require each application for certification to be made to the department, accompanied by a fee, and to expire one year from the date of its receipt; require renewals to be accompanied by an additional fee; require the personal services [...]

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Create new sections of KRS Chapter 216B, relating to the licensure and regulation of health facilities and services, to regulate the practice of surgical technology; define "surgical technology"; prohibit the practice of surgical technology in a health facility by a person unless the person meets specified criteria; allow surgical technology practice if the person has successfully completed an accredited surgical technology educational program, and maintains national surgical technologist certification; permit surgical technology practice by a person who has completed a surgical technology training program in the U.S. Armed Forces or U.S. Public Health Service; grandfather any person who can prove that he or she was practicing surgical technology in a health facility prior to the implementation of the new oversight of surgical technology; exempt federal employees practicing surgical technology pursuant to their employment; allow surgical technology practice by a person for the six months [...]

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Create new sections of KRS 216B to establish the Direct Care Staffing Incentive Program; require minimum nurse aide staff-to-resident ratios in long term care facilities as condition of eligibility for the program; provide that intermediate care facilities for the mentally retarded and institutions for the treatment of mental illness are eligible to participate in the program; provide that personal care homes and family care homes are not eligible to participate in the program; require the Office of Inspector General in the Cabinet for Health and Family Services to determine eligibility to receive incentives through the program; create a new section of KRS 194A to require the Cabinet for Health and Family Services to establish a program to provide scholarships and salary supplements to nurse aides and nursing staff employed by long-term care facilities deemed eligible to participate in the program; require the Cabinet for Health and Family Services to promulgate administrative regulations [...]

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Amend KRS 194A.601 to require an annual report on the activities of the Office on Alzheimer's Disease and Related Disorders and delete requirement for a quarterly report; require the office to receive reports and oversee implementation of recommendations from the Alzheimer's Disease and Related Disorders Advisory Council; amend KRS 194A.603 to require the Alzheimer's Disease and Related Disorders Advisory Council to provide advice and recommendations to the Office on Alzheimer's Disease and Related Disorders and delete requirement that the council report to the Office on Alzheimer's Disease and Related Disorders; provide for a council membership of 15 members and delete requirement for a minimum of 15 members; establish the membership of the council to include five members appointed by the secretary of the Cabinet for Health and Family Services, eight members appointed by the Governor, and two members appointed by the chief executive officers of the state chapters of the Alzheimer's Association;[...]

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Create new sections of KRS Chapter 216B to define terms; state legislative findings about acquired infections and increasing prevalence in health care settings, the costs to treat patients with acquired infections, and that infections are preventable; require health care facilities to implement infection prevention programs in high risk areas and throughout the facility by January 1, 2009; require implementation of best practices that include identification of infected patients, contact precautions, cultures upon discharge or transfer, hand washing, written infection prevention and control policy, public posting of policies, and worker and staff education programs; require health facilities to report data on health-facility acquired infection rates and multi-drug resistant infections; require cabinet to include data on acquired infections in its dissemination of information under KRS 216.2921; permit the cabinet to promulgate administrative regulations; require report to Governor and Legislative [...]

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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 72.465 to require the Coroner to report to the local registrar any death certificate changes needed following an autopsy; amend KRS 212.245 to allow county, city-county, and district health departments to issue certificates of death and provisional certificates of death and to provide copies of the certificates for 30 days upon request; amend KRS 213.036 to require the local registrar to receive and process a certificate of death and a provisional certificate of death for each death which occurs in the county pursuant to KRS 213.076; amend KRS 213.076 to require that a certificate of death and a provisional certificate of death for each death which occurs in the Commonwealth be filed with the local registrar in the county where the death occurred; provide that the local registrar shall file the certificate with the cabinet or as otherwise directed by the state registrar prior to final disposition; amend KRS 213.078 to provide that the local registrar shall call attention to defects [...]

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Create a new section of KRS 304.17A-700 to 304.17A-730 to define the term carrier; require that a contract between a carrier and its pharmacy benefits administrator requiring electronic submission of claims also require electronic payments to the participating provider or designee for clean claims submitted electronically; require that a contract between a carrier and a participating pharmacy or its contracting agency requiring electronic submission of claims also require electronic payments to the participating provider or designee for clean claims submitted electronically; provide that an electronic claim is to be submitted in the form required by the carrier if the participating provider or designee agrees to accept claims details for the payments electronically and provides accurate electronic funds transfer information to the carrier; require that all electronic claims are to be in compliance with HIPAA regulations on privacy of electronic submissions; require that the provisions for [...]

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Amend KRS 311.856 to delete the prohibition against physician assistants prescribing controlled substances; amend KRS 311.858 to allow physician assistants to prescribe Schedules II through V controlled substances if delegated to do so by their supervising physicians; require that prescriptions for Schedule II controlled substances be limited to a 72-hour supply with no refills; require that prescriptions for Schedule III controlled substances be limited to a 30-day supply with no refills; require that prescriptions for Schedules IV and V controlled substances be limited to the original prescription and refills not to exceed a six month supply; require the Kentucky Board of Medical Licensure, on the recommendations of the Physician Assistant Advisory Committee, to limit the prescribing of specific controlled substances that have been identified as having the greatest potential for abuse and diversion; establish eligibility requirements for physician assistants who are given prescriptive [...]

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Create new sections of KRS Chapter 211 to define terms; prohibit entities from placing into the stream of commerce children's products that do not meet safety standards or if they have been recalled; require the Cabinet for Health and Family Services to maintain a list of unsafe and recalled children's products and to post the list on their Internet Web site; require that the list be sent to certain groups; require cribs to meet Consumer Product Safety Commission or ASTM standards; create procedures for retrofitting recalled children's products; require commercial users of children's products to notify customers and post notices regarding recalled children's products; require retailers of children's products to take certain steps to prohibit the sale of recalled products and to post warning notices; create a penalty; permit the Attorney General or the Commonwealth's attorney to bring an action and to seek injunctions; provide that remedies are in addition to any existing remedies; prohibit [...]

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Create new sections of KRS Chapter 211 to define terms; prohibit entities from placing into the stream of commerce children's products that do not meet safety standards or if they have been recalled; require the Cabinet for Health and Family Services to maintain a list of unsafe and recalled children's products and to post the list on their Internet Web site; require that the list be sent to certain groups; require cribs to meet Consumer Product Safety Commission or ASTM standards; create procedures for retrofitting recalled children's products; require commercial users of children's products to notify customers and post notices regarding recalled children's products; require retailers of children's products to take certain steps to prohibit the sale of recalled products and to post warning notices; create a penalty; permit the Attorney General or the Commonwealth's attorney to bring an action and to seek injunctions; provide that remedies are in addition to any existing remedies; prohibit [...]

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Create new sections of Subtitle 17A of KRS Chapter 304 to require a health benefit plan with a provider network to provide coverage for the dialysis provider of the insured's choice; establish a method of determining the payment rate for out-of-network dialysis services; prevent restriction of the insured's choice; prevent restriction of the dialysis benefit during open enrollment; define "unreasonable distance" and prohibit travel of such distance for in-network dialysis service; provide coverage for out-of-network dialysis if the distance for in-network dialysis is unreasonable; require written notice of any change to a health plan with a provider network that would affect a dialysis patient's coverage or benefit level concerning out-of-network coverage; require payment directly to the dialysis provider and not to the patient; require the executive director of the Office of Insurance to conduct a review of all findings to determine compliance within 120 days of the effective date of this [...]

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Create new sections of Subtitle 17A of KRS Chapter 304 to provide for payment by a managed care plan to a physician seeking expedited credentialing; require insurers to provide payment or fee schedules to health care providers when contracting or renewing contracts with providers to enable providers to determine the manner and amount of payments under the contract prior to final execution or renewal of the contract; require any change to payment or fee schedules applicable to providers be made available to providers at least 30 days prior to the effective date of the amendment; provide that if an insurer issuing a managed care plan modifies an agreement it has entered into with a participating provider, the insurer must provide the provider with at least 30 days notice of the modification and notify the provider that the provider has the option to withdraw from the agreement at the end of the 30 day period prior to the modification becoming effective; require such provider who opts to withdraw [...]

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Create a new section of KRS Chapter 214 to define terms "department" and "program"; establish a colon cancer screening program within the Department for Public Health to provide screening services to uninsured individuals age 50 to 64 and others at high risk; provide that services may be undertaken by private contract or operated by the department; permit the department to accept grants or awards of funds from federal or private sources; require the department to establish a data collection system; require the promulgation of administrative regulations; establish the Colon Cancer Screening Advisory Committee within the Kentucky Cancer Consortium; establish the membership of the advisory committee; require the advisory committee to provide recommendations for implementation and conduct of the colon cancer screening program; require the advisory committee to establish and provide oversight for a colon cancer screening public awareness campaign; require the Cabinet for Health and Family Services [...]

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