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SB 112 (BR 464) - R. Alvarado, C. Embry Jr., M. Wilson

     AN ACT relating to telehealth.
     Create a new section of KRS Chapter 205 to require the cabinet to regulate telehealth; set requirements for the delivery of telehealth services to Medicaid recipients; require equivalent reimbursement for telehealth services; require provision of coverage and reimbursement for telehealth; prohibit the cabinet from requiring providers to be physically present with a recipient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of a telehealth network; specify that Medicaid shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 205.510 to define terms; amend KRS 205.559 to add telehealth; amend 304.17A-005 to redefine "telehealth"; amend KRS 304.17A-138 to require health benefit plan coverage of telehealth to the same extent as though provided in person; prohibit health benefit plans from requiring providers to be physically present with a patient; prohibit prior authorization, medical review, or administrative clearance if not required for the in-person service; prohibit demonstration of necessity; prohibit requiring providers to be part of the telehealth network or subject to Telehealth Board oversight; specify that health benefit plans shall not be required to provide coverage for services that are not medically necessary or pay for transmission costs; amend KRS 342.315 to conform; amend KRS 18A.225 to require any fully insured health benefit plans or self-insured plans issued or renewed after July 1, 2019, to public employees to comply with KRS 304.17A-138; repeal KRS 194A.125; EFFECTIVE July 1, 2019.


AMENDMENTS

     SCS1 - Retain provisions of the bill; direct the cabinet to require specialty care to be provided by a Medicaid provider and require coordination with a patient's primary care provider; change "health benefit plan" to "Medicaid managed care organization"; require a telehealth provider to be licensed in Kentucky to receive reimbursement; add provision to allow providers to negotiate a contract for a lower rate for telehealth services compared to the same service provided in person; add provision to allow the Medicaid program to establish a different rate compared to the same service provided in person; add to definition of telehealth to clarify that telehealth includes store and forward services; EFFECTIVE JULY 1, 2019.
     SFA1( R. Alvarado ) - Amend definition of telehealth to clarify that the face-to-face encounter requirement is met with the use of store and forward technology in which the health care provider has access to the patient's or client's medical history prior to the telehealth encounter; EFFECTIVE July 1, 2019.
     SFA2( R. Alvarado ) - Amend definition of telehealth to clarify that the face-to-face encounter requirement is satisfied with the use of asynchronous telecommunications technologies in which the health care provider has access to the patient's or client's medical history prior to the telehealth encounter; EFFECTIVE July 1, 2019.
     SFA3( W. Schroder ) - Create a new section of KRS 311.710 to 311.820 to require that a physician be present in the same room with the woman when performing an abortion and prohibiting the use of telehealth in the performance of an abortion; amend KRS 311.990 to state that any person violating this provision is guilty of a Class D felony.
     HFA1( J. Jenkins ) - Amend to add health care providers that are certified as well as licensed; EFFECTIVE JULY 1, 2019.
     HFA2( J. Gooch Jr. ) - Remove reimbursement equivalency requirement for telehealth; EFFECTIVE July 1, 2019.

     Jan 26, 2018 - introduced in Senate
     Jan 29, 2018 - to Health & Welfare (S)
     Feb 14, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)
     Feb 15, 2018 - 2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Feb 20, 2018 - floor amendment (2) filed to Committee Substitute
     Feb 21, 2018 - floor amendment (3) filed to Committee Substitute
     Feb 23, 2018 - posted for passage in the Regular Orders of the Day for Tuesday, February 27, 2018
     Feb 26, 2018 - taken from the Orders of the Day for Tuesday, February 27; placed in the Orders of the Day for Monday, February 26; 3rd reading; floor amendment (1) withdrawn; passed 36-0 with Committee Substitute (1) & floor amendments (2) and (3)
     Feb 27, 2018 - received in House
     Mar 01, 2018 - to Health and Family Services (H)
     Mar 13, 2018 - posted in committee
     Mar 20, 2018 - taken from Health and Family Services (H); 1st reading; returned to Health and Family Services (H)
     Mar 21, 2018 - reported favorably, 2nd reading, to Rules as a Consent Bill; floor amendments (1) and (2) filed
     Mar 22, 2018 - taken from Rules; placed in the Regular Orders of the Day
     Apr 14, 2018 - 3rd reading, passed 65-20; received in Senate; enrolled, signed by President of the Senate; enrolled, signed by Speaker of the House; delivered to Governor
     Apr 26, 2018 - signed by Governor (Acts, ch. 187)