Senate Bill 71

Actions | Amendments
Last Action 04/04/24: signed by Governor
Title AN ACT relating to health services.
Bill Documents Current
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 1435
Sponsors P. Wheeler, J. Higdon
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

Actions

Top | Amendments
01/05/24
  • introduced in Senate
  • to Committee on Committees (S)
01/08/24
  • to Health Services (S)
02/21/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
02/22/24
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, February 23, 2024
02/23/24
  • passed over and retained in the Orders of the Day
02/26/24
  • passed over and retained in the Orders of the Day
02/27/24
  • 3rd reading, passed 37-0 with Committee Substitute (1) and Committee Amendment (1-title)
02/28/24
  • received in House
  • to Committee on Committees (H)
03/07/24
  • to Families & Children (H)
03/14/24
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1) and Committee Amendment (1-title)
  • floor amendment (1) filed to Committee Substitute
03/15/24
  • 2nd reading, to Rules
03/21/24
  • floor amendment (2) filed to Committee Substitute
  • posted for passage in the Regular Orders of the Day for Friday, March 22, 2024
03/22/24
  • 3rd reading, passed 93-0 with Committee Substitute (1), Floor Amendment (2) and Committee Amendment (1-title)
03/25/24
  • received in Senate
  • to Rules (S)
03/26/24
  • posted for passage for concurrence in House Floor Amendment (2), Committee Substitute (1) and Committee Amendment (1-title)
03/27/24
  • Senate concurred in House Committee Substitute (1) and Floor Amendment (2)
  • passed 36-0 with Committee Substitute (1), Floor Amendment (2) and Committee Amendment (1-title)
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/04/24
  • signed by Governor

Proposed Amendments

Top | Actions
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
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: 4/13/2024 12:27 AM (EDT)