| Last Action | 04/04/24: signed by Governor (Acts Ch. 68) |
|---|---|
| Title | AN ACT relating to health services. |
| Bill Documents |
Acts Chapter 68
Current/Final Introduced |
| Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
| Bill Request Number | 1435 |
| Sponsors | P. Wheeler, J. Higdon |
| Summary of Enacted Version | Creates a new section of KRS Chapter 31 to define “alternative sentencing worker,” “qualified treatment program,” and “treatment program,” to allow a court to issue an order for pretrial release pending an assessment for a mental health or substance use disorder and to allow the prosecution to object, to require that a needs assessment be conducted within 48 hours and to establish who may conduct the assessment, to require that a treatment plan be developed by a qualified health professional who is employed by a treatment program, to allow a court to approve the treatment plan without a hearing or allow the court to schedule a hearing, to allow the court to put conditions on pretrial release, to require that the Department of Public Advocacy and defense counsel consider all appropriate and competent facilities and not discriminate against any facility based on religious content, and to allow that facilities or programs be recommended if they are consistent with a client’s personal religious belief; amends KRS 31.030 to require that the Department of Public Advocacy submit a report, and to require that alternative sentencing workers complete continuing education related to substance use disorder and comply with kickback provisions; amends KRS 202A.011 to define “contract mental health evaluator”; amends KRS 202A.041 to replace “qualified mental health professional” with “contract mental health evaluator” and to set forth state compensation requirements when a sheriff or other peace officer must remain with a person after requesting evaluation by a contract mental health evaluator; amends KRS 205.200, relating to residency requirements for Medicaid, to prohibit relocation to Kentucky solely for receiving medical services using Medicaid, and to allow an individual to submit proof of residency; creates a new section of KRS Chapter 222 to require any substance use disorder program authorized or regulated under the chapter, or substance use disorder program that holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or recovery residence as defined in KRS 222.500 to obtain agreement from the resident’s family member, guardian, or emergency contact to personally transport the resident or make available transportation services for any resident who wishes to leave the treatment program, except where prohibited by federal law; creates a new section of KRS Chapter 222 to outline transportation service responsibilities; creates a new section of KRS Chapter 222 to allow treatment facilities to notify the court, Commonwealth’s attorney, county attorney, local law enforcement, emergency contact, or court-designated individual if a resident leaves a facility prior to court approval or prior to completing the conditions of the court order if permitted by state and federal law; creates a new section of KRS Chapter 222 to require the facilities to provide full disclosure of the services they provide to potential patients and in any advertisements or other solicitations; creates a new section of KRS Chapter 222 to prohibit substance use disorder facilities or recovery residences from knowingly recruiting into their facilities any out-of-state resident who is enrolled in Medicaid, or recruiting with the purpose of enrolling the out-of-state resident in Medicaid in Kentucky to the extent allowed by federal law; creates new sections of KRS Chapter 222 to require that the facilities submit to the Department for Medicaid Services a recipient’s proof of Kentucky residency when submitting an initial request for Medicaid reimbursement if the facilities are aware that the recipient resided in another state within the past month, to establish fines for facilities to the extent allowed by federal law, to require that any out-of-state resident found to be ineligible for Medicaid in Kentucky reimburse the Department for Medicaid Services any fees paid by Medicaid if the out-of-state resident fails to establish Kentucky residency, and to allow the Office of the Attorney General to enforce actions for fines assessed; creates a new section of KRS Chapter 222 to define “department,” “qualified treatment program,” and “treatment program,” to require that the Cabinet for Health and Family Services publish a list of all qualified treatment programs, post the list on its website, and send the list to the Department of Public Advocacy and the Administrative Office of the Courts, to require that state employees who make recommendations to a court for an alternative sentence prioritize referrals to qualified treatment programs, and to require that the cabinet promulgate administrative regulations; creates a new section of KRS Chapter 222 to prohibit any person from receiving kickbacks for referrals into treatment facilities; establishes protections, exemptions, and penalties; and includes a severability clause. |
| Summary of Original Version | Create a new section of KRS Chapter 222 to define "voluntarily"; require treatment centers or programs licensed as a chemical dependency treatment service to provide transportation services to residents who wish to voluntarily leave the program if the resident's family, guardian, or emergency contact does not agree to transport them; outline transportation service responsibilities; prohibit facilities and law enforcement officers from taking the residents to any location other than public transportation locations, locations to meet the driver of a ride-sharing service, or the resident's home; require that the facilities conduct a search of any outstanding warrants; exempt all chemical dependency treatment service facilities holding a license issued in accordance with KRS 216B.042; require the facility to notify family members, the county attorney, local law enforcement, and the court that a resident left the treatment facility in violation of a court order; and allow a peace officer or a probation officer to arrest a resident without a warrant for violating the terms of the resident's conditional discharge or court order. |
| Index Headings of Original Version |
Courts - Treatment center, chemical dependency, recovery residence, court order violation, notification Alcoholism - Treatment center, chemical dependency, recovery residence, transportation services Crimes and Punishments - Treatment center, chemical dependency, recovery residence, court order violation, notification Drugs and Medicines - Treatment center, chemical dependency, transportation services Health and Medical Services - Nonlicensed chemical dependency treatment service, facilities exemption Health and Medical Services - Treatment center, chemical dependency, recovery residence, court order violation, notification Health and Medical Services - Treatment center, chemical dependency, recovery residence, transportation services Hospitals and Nursing Homes - Treatment center, chemical dependency, recovery residence, transportation services Local Mandate - Treatment center, chemical dependency, recovery residence, transportation services Peace Officers and Law Enforcement - Treatment center, chemical dependency, recovery residence, court order violation, notification Transportation - Treatment center, chemical dependency, recovery residence, transportation services |
| Jump to Proposed Amendments |
Senate Committee Substitute 1 with Fiscal Impact Statements Senate Committee Amendment 1 House Committee Substitute 1 with Fiscal Impact Statements House Committee Amendment 1 House Floor Amendment 1 House Floor Amendment 2 |
| Votes | Vote History |
| 01/05/24 |
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| 01/08/24 |
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| 02/21/24 |
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| 02/22/24 |
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| 02/23/24 |
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| 02/26/24 |
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| 02/27/24 |
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| 02/28/24 |
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| 03/07/24 |
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| 03/14/24 |
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| 03/15/24 |
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| 03/21/24 |
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| 03/22/24 |
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| 03/25/24 |
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| 03/26/24 |
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| 03/27/24 |
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| 04/04/24 |
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| Amendment | Senate Committee Substitute 1 |
|---|---|
| Fiscal Impact Statements |
Fiscal Note to Senate Committee Substitute 1
Local Mandate to Senate Committee Substitute 1 |
| Summary | Retain original provisions; amend the definition of "voluntarily"; include any substance use disorder program authorized or regulated under KRS Chapter 222 and recovery residence as defined in KRS 222.500; amend the provision regarding the responsibilities of the chemical dependency treatment service after it is informed a resident wishes to leave voluntarily; include an additional location to drop off the resident; require the facility to notify family members, the county attorney, and local law enforcement if permitted by federal law; remove the provision requiring the facility to conduct a search of any outstanding warrants; create a new section of KRS Chapter 222 to establish fines. |
| Index Headings |
Local Mandate - Treatment center, chemical dependency, recovery residence, transportation services Courts - Treatment center, chemical dependency, recovery residence, court order violation, notification Crimes and Punishments - Treatment center, chemical dependency, recovery residence, court order violation, notification Drugs and Medicines - Treatment center, chemical dependency, transportation services Health and Medical Services - Nonlicensed chemical dependency treatment service, facilities exemption Health and Medical Services - Treatment center, chemical dependency, recovery residence, court order violation, notification Health and Medical Services - Treatment center, chemical dependency, recovery residence, transportation services Hospitals and Nursing Homes - Treatment center, chemical dependency, recovery residence, transportation services Peace Officers and Law Enforcement - Treatment center, chemical dependency, recovery residence, court order violation, notification Transportation - Treatment center, chemical dependency, recovery residence, transportation services Alcoholism - Treatment center, chemical dependency, recovery residence, transportation services |
| Amendment | Senate Committee Amendment 1 |
|---|---|
| Sponsor | P. Wheeler |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - SB 71 |
| Amendment | House Committee Substitute 1 |
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| Fiscal Impact Statements |
Corrections Impact to House Committee Substitute 1
Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except remove the definition of "voluntarily"; amend provision to increase penalties; remove the provision requiring probation officers or peace officers to arrest the resident without a warrant if the resident violates a court order and permit the officers to arrest the resident without a warrant; remove resident's family as a point of contact and replace it with the resident's emergency contact or court designated individual; include a new provision to prohibit facilities from knowingly recruiting into their facility any out-of-state resident if the out-of-state resident is enrolled in Medicaid or with the purpose of enrolling the out-of-state resident in Medicaid in Kentucky; require facilities to submit to the Department for Medicaid Services a recipient's proof of residency when submitting a request for Medicaid reimbursement if the facility is aware that the resident resided in another state within the past month; create a new section of KRS Chapter 222 to define "department," "qualified treatment program," and "treatment program"; require the Cabinet for Health and Family Services to publish a list of all qualified treatment programs and to post the list on its website and to send the list to the department of public advocacy and to the Administrative Office of the Courts; require state employees who make recommendations to a court for an alternative sentence to prioritize referrals to qualified treatment programs; allow legal counsel to recommend a treatment provider that is not a qualified treatment program but establish reporting requirements; require the Cabinet for Health and Family Services to promulgate administrative regulations; require facilities to provide full disclosure of the services they provide; create a new section or KRS Chapter 222 to prohibit any person from receiving kickbacks for referrals into treatment facilities, establish protections, exemptions, and penalties; create a new section of KRS Chapter 31 to define "alternative sentencing worker," "qualified treatment program," and "treatment program"; allow a court to issue an order for pretrial release pending an assessment for a mental health or substance use disorder and allow the prosecution to object; require that a needs assessment be conducted within 48 hours and establish who may conduct the needs assessment; require a treatment plan to be developed by a qualified health professional who is employed by a treatment program; allow a court to approve the treatment plan without a hearing or allow the court to schedule a hearing; allow the court to put conditions on the pretrial release; require the department of public advocacy and defense counsel to consider all appropriate and competent facilities and not discriminate against any facility based on religious content and allow facilities or programs to be recommended if they are consistent with a client's personal religious belief; amend KRS 31.030 to require the department of public advocacy to submit a report; require alternative sentencing worker to complete continuing education related to substance use disorder and to comply with the kickback provisions; amend KRS 205.200, relating to residency requirements for Medicaid, to prohibit relocation to Kentucky solely for receiving medical services using Medicaid and allow an individual to submit proof of residency; amend KRS 202A.011 to define "contract mental health evaluator"; amend KRS 202A.041 to replace "qualified mental health professional" with "contract mental health evaluator," no longer require a peace officer to take an individual into custody and transport them but to permit a police officer to take an individual into custody and transport them, reduce state compensation by five percent for every ten minutes a sheriff or other peace officer is required to remain with the person after first delay of contact, and require transportation if no probably cause for arrest exists. |
| Index Headings |
Courts - Pretrial release, mental health assessment, substance use disorder programs Courts - Substance use program, alternative sentence, motion in court, requirements Crimes and Punishments - Prohibit kickbacks, state employees, penalties, exemptions Health and Medical Services - Recommendation for alternative sentence, substance use services, requirements Health and Medical Services - Treatment services, requirements, substance use programs, Cabinet for Health and Family Services Hospitals and Nursing Homes - Transportation, probable cause, mentally ill, psychiatric facility or hospital, evaluation Peace Officers and Law Enforcement - Transportation, probable cause, mentally ill, psychiatric facility or hospital, evaluation State Agencies - Cabinet for Health and Family Services, Department of Public Advocacy, substance use programs State Agencies - Cabinet for Health and Family Services, substance use programs, qualified list, requirements State Agencies - Department of Public Advocacy, reporting requirement, alternative sentencing, substance use programs State Agencies - Department of Public Advocacy, substance use disorder programs, alternative sentence, requirements State Agencies - Promulgate administrative regulations, treatment programs, substance use, full disclosure State Employees - Alternative sentencing workers, continuing education, substance use disorder State Employees - Prohibit kickbacks, penalties, exemptions State Employees - Recommendation for alternative sentence, substance use services, requirements Medicaid - Residency, medical services, fees, reimbursement Medicaid - Treatment center, recruitment, rules, penalties Administrative Regulations and Proceedings - Cabinet for Health and Family Services Alcoholism - Substance use program, alternative sentence, Cabinet for Health and Family Services Attorney, Commonwealth's - Pretrial release, mental health assessment, substance use disorder programs Attorney General - Treatment center, recruitment, out-of-state, Medicaid, enforcement Attorneys - Pretrial release, mental health assessment, substance use disorder programs Attorneys - Substance use program, alternative sentence, motion in court, requirements Reports Mandated - Department of Public Advocacy Corrections Impact - Pretrial release, mental health assessment, substance use disorder programs |
| Amendment | House Committee Amendment 1 |
|---|---|
| Sponsor | S. Heavrin |
| Summary | Make title amendment. |
| Index Headings | Title Amendments - SB 71/GA |
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | S. Heavrin |
| Summary | Retain original provisions; except remove the provisions amending KRS 202A.011 and KRS 202A.041. |
| Index Headings |
Hospitals and Nursing Homes - Peace officer, transportation, probable cause, psychiatric facility or hospital, evaluation Peace Officers and Law Enforcement - Transportation, probable cause, mentally ill, psychiatric facility or hospital, evaluation |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | S. Heavrin |
| Summary | Retain original provisions; include language requiring a facility to transport a resident or make available transportation services as long as it is not prohibited by federal law; include language limiting provisions related to recruiting out-of-state residents on Medicaid and reimbursing fees paid by Medicaid to the extent allowed by federal law; amend the definition of "contract mental health evaluator"; amend the time for when a peace officer maintains custody of an individual after an evaluation is requested; remove the provision requiring transportation be given to a person if no probable cause exist; and include a severability clause. |
| Index Headings |
Health and Medical Services - contract mental health evaluator, evaluation, qualified mental health professional Health and Medical Services - Substance use program, transportation requirements, federal law, prohibitions Hospitals and Nursing Homes - Substance use program, transportation requirements, federal law, prohibitions Local Mandate - Substance use program, transportation services State Agencies - Substance use program, recruitment, reimbursement, federal law, prohibitions Medicaid - Substance use program, recruitment, federal law, prohibitions Alcoholism - Substance use program, transportation requirements, federal law, prohibitions Peace Officers and Law Enforcement - Mentally ill, psychiatric facility or hospital, evaluation |
Last updated: 9/26/2024 1:37 PM (EDT)