Senate Bill 6

Actions | Amendments
Last Action recommitted to Health & Welfare (S)
Title AN ACT relating to medical review panels.
Bill Documents Bill
Impact Statements Local Mandate
Bill Request Number 1019
Sponsors R. Alvarado, D. Thayer, J. Bowen, D. Carroll, C. Girdler, D. Givens, P. Hornback, A. Robinson, D. Seum, S. West, M. Wilson, M. Wise
Summary of Original Version Establish KRS Chapter 216C; create within that chapter various new sections establishing a medical review panel system for use in civil litigation relating to health care providers, including sections setting out definitions, delineating covered health care facilities and providers, panel membership and formation, functions and deliberations of the panel, and utilization of panel results in civil actions.
Index Headings of Original Version Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation
Proposed Amendments Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Senate Floor Amendment 3
Senate Floor Amendment 4
Senate Floor Amendment 5
Senate Floor Amendment 6
Senate Floor Amendment 7
Senate Floor Amendment 8
Senate Floor Amendment 9
Senate Floor Amendment 10
Senate Floor Amendment 11
Senate Floor Amendment 12
Senate Floor Amendment 13
Senate Floor Amendment 14
Senate Floor Amendment 15
Senate Floor Amendment 16
Senate Floor Amendment 17
Senate Floor Amendment 18
Senate Floor Amendment 19
Senate Floor Amendment 20

Actions

Top | Amendments
01/06/16
  • introduced in Senate
01/07/16
  • to Health & Welfare (S)
01/27/16
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
01/28/16
  • 2nd reading, to Rules
  • floor amendments (1) (2) (3) (4) (5) (6-title) (7) (8) (9) (10) filed to Bill, floor amendments (11) (12) (13) (14) (15) (16)(17) (18) (19) filed to Committee Substitute
02/23/16
  • floor amendment (20) filed to Committee Substitute
03/18/16
  • taken from Rules
  • recommitted to Health & Welfare (S)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
Impact Statements Local Mandate
Summary Retain original provisions, except have the filing fee set by administrative regulation.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 1
Sponsor R. Jones II
Summary Retain original provisions except require the Cabinet for Health and Family Services (CHFS) to establish a registry of decubitus ulcers, pressure sores, and other lesions caused or exacerbated by inadequate care in a long-term-care facility; require CHFS to make registry searchable by name, birth date, facility, county of residence of the physician, nurse, certified nursing assistant, administrator, or other individuals involved with the care of an affected individual; require each long-term-care facility to prepare and file a detailed security plan with the cabinet; permit fines to be charged if a resident leaves unsupervised due to a failure of the plan or a failure to follow the plan.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 2
Sponsor R. Jones II
Summary Retain original provisions except exempt those cases that involve a detained object following a medical procedure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 3
Sponsor R. Jones II
Summary Retain original provisions except permit a plaintiff to waive the medical review panel process in cases involving sexual abuse of a patient, criminal acts, intentional physical abuse, grossly negligent conduct, or facilities or offices where an employee has ever been convicted, pleaded guilty, or entered an Alford plea to a Class B or greater misdemeanor or a Class D or greater felony; permit veterans or their spouses, law enforcement officers or their spouses, firefighters or their spouses, individuals older than 65 or their spouses, or members of the clergy or their spouses to waive the medical review panel process.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 4
Sponsor R. Jones II
Summary Retain original provisions except permit a waiver of the medical review panel process in the case of the overprescribing or incorrect prescribing of a medication.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 5
Sponsor R. Jones II
Summary Retain original provisions except create new sections of KRS 216B to require staff-to-resident ratios in long-term care facilities as a condition of licensure or relicensure; establish minimum staffing requirements; prohibit long-term care facilities from admitting new residents if the facility fails to comply with the minimum staffing requirements, beginning on the second day of noncompliance and continuing until six days after the required staffing is achieved, with exceptions allowed for weather emergencies and other similar events; require additional staffing based on the needs of the residents; exempt intermediate-care facilities for the mentally retarded, institutions for the treatment of mental illnesses, personal care homes, and family care homes from the minimum staffing requirements; create a 16-member board to review staffing requirements on an annual basis; establish a civil fine of no more than $1,000 for each day that the staffing requirements are not maintained.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 6
Sponsor R. Jones II
Summary Make title amendment.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 7
Sponsor R. Jones II
Summary Retain original provisions, allow plaintiff to waive participation in the medical review process under certain circumstances.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 8
Sponsor R. Jones II
Summary Amend to remove requirement for use of a review panel in a suit against a health care provider that has previously been sued for malpractice or previously been the subject of a complaint to the Board of Medical Licensure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 9
Sponsor R. Jones II
Summary Amend to remove requirement for use of a review panel in a suit against a health care provider that has previously been sued for malpractice or previously been the subject of a complaint to the Board of Medical Licensure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 10
Sponsor R. Jones II
Summary Retain original provisions except require a substance abuse screening program for employees of long-term-care facilities; amend and create various sections of KRS 216.785 to 216.793 to define terms; direct the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities, providers, and representatives of the cabinet who perform inspections of long-term-care facilities or providers; require a registry check of the nurse aide abuse registry and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; require the cabinet to use grant money or other funding to cover long-term-care facilities or providers to the extent that funds are available until at least May 19, 2014; require the cabinet to promulgate administrative regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following the initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Dev
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 11
Sponsor R. Jones II
Summary Retain original provisions except require the Cabinet for Health and Family Services (CHFS) to establish a registry of decubitus ulcers, pressure sores, and other lesions caused or exacerbated by inadequate care in a long-term-care facility; require CHFS to make registry searchable by name, birth date, facility, county of residence of the physician, nurse, certified nursing assistant, administrator, or other individuals involved with the care of an affected individual; require each long-term-care facility to prepare and file a detailed security plan with the cabinet; permit fines to be charged if a resident leaves unsupervised due to a failure of the plan or a failure to follow the plan.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 12
Sponsor R. Jones II
Summary Retain original provisions except exempt those cases that involve a detained object following a medical procedure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 13
Sponsor R. Jones II
Summary Retain original provisions except permit a plaintiff to waive the medical review panel process in cases involving sexual abuse of a patient, criminal acts, intentional physical abuse, grossly negligent conduct, or facilities or offices where an employee has ever been convicted, pleaded guilty, or entered an Alford plea to a Class B or greater misdemeanor or a Class D or greater felony; permit veterans or their spouses, law enforcement officers or their spouses, firefighters or their spouses, individuals older than 65 or their spouses, or members of the clergy or their spouses to waive the medical review panel process.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 14
Sponsor R. Jones II
Summary Retain original provisions except permit a waiver of the medical review panel process in the case of the overprescribing or incorrect prescribing of a medication.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 15
Sponsor R. Jones II
Summary Retain original provisions except create new sections of KRS 216B to require staff-to-resident ratios in long-term-care facilities as a condition of licensure or relicensure; establish minimum staffing requirements; prohibit long-term-care facilities from admitting new residents if the facility fails to comply with the minimum staffing requirements, beginning on the second day of noncompliance and continuing until six days after the required staffing is achieved, with exceptions allowed for weather emergencies and other similar events; require additional staffing based on the needs of the residents; exempt intermediate-care facilities for the mentally retarded, institutions for the treatment of mental illnesses, personal care homes, and family care homes from the minimum staffing requirements; create a 16-member board to review staffing requirements on an annual basis; establish a civil fine of no more than $1,000 for each day that the staffing requirements are not maintained.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 16
Sponsor R. Jones II
Summary Retain original provisions; allow plaintiffs to waive participation in the medical review panel process under certain circumstances.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 17
Sponsor R. Jones II
Summary Amend to not require use of a review panel in a suit against a health care provider that has previously been sued for malpractice or previously been the subject of a complaint to the board of medical licensure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 18
Sponsor R. Jones II
Summary Amend to remove requirement for use of a review panel in a suit against a health care provider that has previously been sued for malpractice or previously been the subject of a complaint to the Board of Medical Licensure.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 19
Sponsor R. Jones II
Summary Retain original provisions except require a substance abuse screening program for employees of long-term-care facilities; amend and create various sections of KRS 216.785 to 216.793 to define terms; direct the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities, providers, and representatives of the cabinet who perform inspections of long-term-care facilities or providers; require a registry check of the nurse aide abuse registry and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; require the cabinet to use grant money or other funding to cover long-term-care facilities or providers to the extent that funds are available until at least May 19, 2014; require the cabinet to promulgate administrative regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following the initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Dev
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Amendment Senate Floor Amendment 20
Sponsor T. Buford
Summary Amend to make the attorney chairperson a voting member of the expert panel; remove one member of the expert panel; provide a section in the report of the expert opinion to allow each panel member to make comments regarding each case.
Index Headings Courts - Medical review panel, utilization in health care provider litigation
Emergency Medical Services - Medical review panel, utilization in health care provider litigation
Health and Medical Services - Medical review panel, utilization in health care provider litigation
Hospitals and Nursing Homes - Medical review panel, utilization in health care provider litigation
Mental Health - Medical review panel, utilization in health care provider litigation
Nurses - Medical review panel, utilization in health care provider litigation
Optometrists - Medical review panel, utilization in health care provider litigation
Pharmacists - Medical review panel, utilization in health care provider litigation
Physicians and Practitioners - Medical review panel, utilization in health care provider litigation
Local Mandate - Medical review panel, utilization in health care provider litigation
Attorneys - Medical review panel, utilization in health care provider litigation
Civil Actions - Medical review panel, utilization in health care provider litigation
Civil Procedure - Medical review panel, utilization in health care provider litigation
Consumer Affairs - Medical review panel, utilization in health care provider litigation

Last updated: 1/16/2019 3:08 PM (EST)