04RS SB40


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SB 40 (BR 423) - J. Denton

     AN ACT relating to prescriptions.
     Amend KRS 218A.202 to permit the Department for Medicaid Services to use data from the electronic system for monitoring controlled substances to identify Medicaid recipients whose usage of controlled substances may be appropriately managed by a single outpatient pharmacy or primary care physician; and permit the department to use the data from the system as evidence in an administrative hearing; amend KRS 218A.240 to authorize the Cabinet for Health Services to submit data from the electronic monitoring system as evidence in administrative hearings.


     SFA (1, D. Karem) - Create a new section to cite this Act as "The Rush Limbaugh Anti-Doctor Shopping Act of 2004."

     HFA (1, S. Nunn) - Retain original provisions and create new sections of KRS Chapter 194A to specify legislative intent to remove barriers to employment for persons with disabilities; require Cabinet for Health Services to convene a policy group to develop a Medicaid Buy-In program for persons with disabilities; specify membership; permit policy group to establish ad hoc groups and require policy group to conduct its first meeting by August 15, 2004, to have access to data, to identify financing and address availability of funding, to assess cost-effectiveness and economic benefits, and to make recommendations on eligibility, personal care assistance services, coordination with other programs, and policy considerations; require cabinet to apply for federal grants to support program development; require all state agencies to assist upon request; present program to Governor and LRC, by November 1, 2004.

     HFA (2/Title, S. Nunn) - Make title amendment.

     HFA (3, D. Pasley) - Retain original provisions, add a new section of KRS 205.510 to 205.645 to provide Medicaid recipients with access to drugs prescribed for the treatment of severe mental illness without prior authorization or other restriction.

     HFA (4, J. Jenkins) - Retain original provisions; add a new section of KRS 205.510 to 205.645 to prohibit the Cabinet for Health Services from excluding an individual who meets the nursing facility level of care from the home and community-based waiver program based on the care needs being directly related to a mental illness, mental retardation, or developmental disability.

     HFA (5/Title, J. Jenkins) - Make title amendment.

     HFA (6, T. Burch) - Create a new section of KRS Chapter 194A to provide that no prescription drug, laboratory test, or diagnostic test that is medically necessary and properly prescribed shall be subject to any limitation or prior authorization if the drug or test is for the treatment or prevention of HIV or AIDS; and provide that these provisions shall not apply to an outpatient pharmacy program in a Medicaid partnership.

     HFA (7, T. Burch) - Create a new section of KRS 205.510 to 205.645 to implement the federally mandated Medicaid estate recovery; require the cabinet to allow for undue hardship determinations on a case-by-case basis, considering specified circumstances for certain beneficiaries; and prohibit recovery from an estate with a value under $15,000.

     HFA (8/Title, T. Burch) - Make title amendment.

     Jan 6-introduced in Senate
     Jan 9-to Health and Welfare (S)
     Jan 27-reported favorably, 1st reading, to Calendar
     Jan 28-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 29, 2004; floor amendment (1) filed
     Jan 29-3rd reading; floor amendment (1) withdrawn ; passed 32-0; received in House
     Feb 2-to Health and Welfare (H)
     Mar 8-posted in committee
     Mar 11-reported favorably, 1st reading, to Calendar
     Mar 12-2nd reading, to Rules
     Mar 17-posted for passage in the Regular Orders of the Day for Thursday, March 18, 2004
     Mar 18-floor amendments (1) and (2-title) filed
     Mar 23-floor amendment (3) filed
     Mar 24-floor amendments (4) and (5-title) filed
     Mar 25-floor amendment (6) filed
     Mar 26-floor amendments (7) and (8-title) filed ; 3rd reading; floor amendment (4) ruled not germane ; passed 92-0; received in Senate; enrolled, signed by each presiding officer; delivered to Governor
     Apr 7-signed by Governor (Acts ch. 68)

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