Senate Bills sb1 (BR427)/aa j. Bowen, R. Stivers II, C. McDaniel, D. Thayer an act relating to retirement
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HB4 (BR380) - A. Wuchner, R. Benvenuti III, M. Hart, K. Moser, D. Osborne, M. Prunty, S. Santoro AN ACT relating to the privileging of peer review activities in health care. Amend KRS 311.377 to add medical malpractice actions, actions arising out of review of credentials or retrospective review and evaluation, and actions by an applicant for or grantee of staff privileges to materials that are confidential and privileged and not subject to discovery, subpoena, or introduction into evidence, in any civil action in any court.
HCS1 - Retain original provisions except clarify that the confidentiality and privilege protections are only available to persons and entities that are participating in an initiative for patient safety and quality improvement. HFA1(J. Hoover) - Amend KRS 311.377 to provide that a statement of fact made by any person involved in the review process is not confidential and privileged; clarify that statements of fact, statements of opinions, and recommendations made by peer reviewers, who were not otherwise a witness to the event or a health care provider involved in the patient's care, are privileged. HFA2(J. Hoover) - Amend KRS 311.377 to provide that a statement of fact made by any person involved in the review process is not confidential and privileged; clarify that statements of fact, statements of opinions, and recommendations made by peer reviewers, who were not otherwise a witness to the event or a health care provider involved in the patient's care, are privileged. Jan 03, 2018 - introduced in House Jan 04, 2018 - to Health and Family Services (H) Jan 11, 2018 - posted in committee Jan 25, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute Jan 26, 2018 - 2nd reading, to Rules Jan 30, 2018 - floor amendment (1) filed to Committee Substitute, floor amendment (2) filed Feb 01, 2018 - posted for passage in the Regular Orders of the Day for Friday, February 2, 2018 Feb 08, 2018 - floor amendments (1) and (2) withdrawn Feb 09, 2018 - 3rd reading, passed 58-27 with Committee Substitute Feb 12, 2018 - received in Senate Feb 15, 2018 - to Health & Welfare (S) Feb 21, 2018 - reported favorably, 1st reading, to Calendar Feb 22, 2018 - 2nd reading, to Rules Feb 23, 2018 - posted for passage in the Regular Orders of the Day for Tuesday, February 27, 2018 Feb 27, 2018 - 3rd reading, passed 25-13 Feb 28, 2018 - received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor Mar 09, 2018 - signed by Governor (Acts, ch. 11)
AN ACT regarding guardianship and conservatorship of partially disabled or disabled adults. Amend KRS 210.290, relating to public guardianship, to specify when the Cabinet for Health and Family Services may be appointed as a resident's limited guardian, guardian, limited conservator, or conservator; amend KRS 387.510 to provide that a guardian or limited guardian is to manage the personal affairs of a disabled person; amend KRS 387.540 to allow a physician assistant to be part of an interdisciplinary evaluation team; amend KRS 387.570 and 387.580 to retain the right to a jury trial in a guardianship competency hearing if demanded by or on behalf of any party; amend KRS 387.590 to clarify that the same individual, agency, or corporation may be both a guardian and a conservator; amend KRS 387.610 to allow an advanced practice registered nurse or a physician assistant working within his or her scope of practice to verify a renewal petition for guardianship or conservatorship; amend KRS 387.660 to remove custody from a guardian's powers and duties; amend KRS 387.680 to clarify that a limited conservator or conservator may establish or place financial resources in a trust; amend KRS 387.670, 387.700, and 387.710 to conform.
HCS1 - Retain original provisions; amend KRS 210.590 to clarify who qualifies as a "resident of the state"; clarify that only upon written order of the court in exceptional circumstances can the Cabinet for Health and Family Services be appointed for certain residents as a limited guardian, guardian, limited conservator, or conservator; provide that if a person for whom the cabinet is a limited guardian, guardian, limited conservator, or conservator dies with less than $10,000, the cabinet shall ensure certain expenses are paid prior to the release of funds to the person's estate; amend KRS 387.510 to clarify that "disabled" means any person 17 years of age or older; amend KRS 387.570 to allow a bench trial at a guardianship competency hearing when the parties agree, there is no objection from interested parties, and all persons preparing the interdisciplinary report agree that the person is disabled or partially disabled. Jan 05, 2018 - introduced in House Jan 09, 2018 - to Judiciary (H) Jan 16, 2018 - posted in committee Jan 31, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1) Feb 01, 2018 - 2nd reading, to Rules Feb 02, 2018 - posted for passage in the Regular Orders of the Day for Monday, February 5, 2018 Feb 05, 2018 - 3rd reading, passed 79-3 with Committee Substitute Feb 06, 2018 - received in Senate Feb 07, 2018 - to Health & Welfare (S) Feb 21, 2018 - reported favorably, 1st reading, to Consent Calendar Feb 22, 2018 - 2nd reading, to Rules Feb 28, 2018 - posted for passage in the Consent Orders of the Day for Wednesday, February 28, 2018; 3rd reading, passed 38-0 Mar 01, 2018 - received in House; enrolled, signed by Speaker of the House; enrolled, signed by President of the Senate; delivered to Governor Mar 13, 2018 - signed by Governor (Acts, ch. 13) HB6 (BR1043)/FN - J. Blanton, J. Sims Jr, L. Brown, T. Couch, C. Fugate, D. Hale, A. Hatton, R. Heath, K. Imes, K. Moser, R. Nelson, M. Prunty, R. Rothenburger, D. St. Onge, R. Webber, S. Westrom AN ACT relating to the establishment of a tax credit to promote investments in rural Kentucky businesses and making an appropriation therefor. Create new sections of KRS Chapter 136 to establish a new tax credit against the taxes imposed on insurance companies and financial institutions, for contributions made by them into rural growth funds which make investments in certain businesses principally operating in certain areas of the state; declare findings and the purpose of the credit; define terms; require an entity to follow a process to apply for certification as a rural growth fund, and for investors in that entity to receive tax credits awarded by the Department of Revenue; allow the department to issue $60,000,000 in tax credits; provide credit sunset terms and other conditions for participating in the program and for claiming the credit; provide for revocation of tax credits; allow the department to audit rural growth funds; limit any liability of the Commonwealth in regard to rural growth funds or investments made by them; require various reports to be filed with the department and the Legislative Research Commission to enable evaluations of the credit program; provide for the ordering of the credit; declare short title to be the Kentucky Rural Jobs Tax Credit Act of 2018.
HFA1(T. Couch) - Amends the definition of rural area to reduce the population requirement to 30,000 at the time an initial rural growth investment is made. HFA2(J. Blanton) - Amend the reporting requirement to require filing of various reports to the Interim Joint Committee on Appropriations and Revenue instead of the Legislative Research Commission. SCS1 - Create new sections of KRS Chapter 136 to establish a new tax credit against the taxes imposed on insurance companies and financial institutions, for contributions made by them into rural growth funds which make investments in certain businesses principally operating in certain areas of the state; declare findings and the purpose of the credit; define terms; require an entity to follow a process to apply for certification as a rural growth fund, and for investors in that entity to receive tax credits awarded by the Department of Revenue; allow the department to issue $60,000,000 in tax credits; provide credit sunset terms and other conditions for participating in the program and for claiming the credit; provide for revocation of tax credits; allow the department to audit rural growth funds; limit any liability of the Commonwealth in regard to rural growth funds or investments made by them; require various reports to be filed with the department and the Legislative Research Commission to enable evaluations of the credit program; provide for the ordering of the credit; declare the short title for Sections 1 to 11 of the Act to be the Kentucky Rural Jobs Tax Credit Act of 2018; Amend KRS 141.068 to sunset the tax credit and require reporting by the Department of Revenue; amend KRS 141.396 to sunset the tax credit and require reporting by the Department of Revenue; amend KRS 154.20-232 to require reporting by the Cabinet for Economic Development; amend KRS 154.20-236 to expand the amount of tax credits awarded to all investors to $5 million and to remove the overall tax combined credit cap of $40 million; amend KRS 154.20-250 to require a report by the Cabinet for Economic Development; amend KRS 154.20-255 to require that the total tax credits for all investors not exceed $3 million in any calendar year, to remove the overall combined credit cap of $40 million, and to sunset the tax credit; amend various sections of KRS Chapter 131 and 141 to conform. SCA1(C. McDaniel) - Make title amendment. Jan 17, 2018 - introduced in House Jan 19, 2018 - to Appropriations & Revenue (H) Mar 08, 2018 - posted in committee Mar 13, 2018 - reported favorably, 1st reading, to Calendar; floor amendments (1) and (2) filed Mar 14, 2018 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 15, 2018 Mar 15, 2018 - 3rd reading; floor amendment (1) adopted; floor amendment (1) reconsidered; passed 76-9 with floor amendment (2) Mar 16, 2018 - received in Senate Mar 19, 2018 - to Appropriations & Revenue (S) Mar 22, 2018 - taken from Appropriations & Revenue (S); 1st reading; returned to Appropriations & Revenue (S) Mar 27, 2018 - reported favorably, 2nd reading, to Rules with Committee Substitute & committee amendment (1-title)
AN ACT relating to legislative ethics. Create new sections of KRS 6.601 to 6.849 to make it ethical misconduct for a legislator, employee of the legislative branch, legislative agent, or other person who interacts with legislators or employees of the legislative branch to intentionally engage in harassment or sexual harassment; define "complaint" as a verbal or written allegation of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; grant the Legislative Ethics Commission jurisdiction to investigate and proceed upon receipt of a complaint from an employee of the legislative branch regarding fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment allegedly committed by legislators, employees of the legislative branch, legislative agents, or any other person who interacts with legislators or employees of the legislative branch on state property or official state business; require the Legislative Ethics Commission to establish a legislative ethics telephone tip line to allow employees of the legislative branch to report complaints of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; require the Legislative Ethics Commission to publicize the existence of the legislative ethics telephone tip line by various methods; require the legislative ethics telephone tip line to be available 24 hours a day, seven days a week, with the Legislative Ethics Commission providing staff during regular business hours and allowing for recorded messages; require forwarding of information reported on the tip line to the executive director of the Legislative Ethics Commission or designee on an approved form; provide that the alleged perpetrator shall be notified and given the oppritunity to file a written response; require the chair, vice chair, or executive director of the Legislative Ethics Commission to interview the complainant, the alleged perpetrator, and any other person with information pertinent to the complaint; direct the commission to give the status of the complaint and a general statement of applicable law to the complainant and alleged perpetrator; provide for consultation with the complainant and, if the chair and vice chair of the Legislative Ethics Commission agree the complaint is resolved, closing of the file; if the complaint has not been resolved, require the enforcement counsel of the commission to file a complaint as provided in KRS 6.686(1)(a); set forth confidentiality provisions; provide that complainants shall not be subject to reprisal; require annual reporting of the complaints reported on the legislative ethics telephone tip line; allow employees to pursue other ways of reporting complaints of fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment; permit employees who report complaints to seek assistance from the Kentucky Employee Assistance Program or from private health professionals for matters related to the complaints; amend KRS 6.611 and 11.010 to conform. HB9 - AMENDMENTS HFA1(K. Fleming ) - Remove language giving the Legislative Ethics Commission jurisdiction over complaints from employees of the legislative branch of government regarding fraud, theft, ethical or official misconduct, discrimination, harassment, or sexual harassment allegedly committed by other employees of the legislative branch of government. HFA2(L. Belcher) - Create a new section of KRS Chapter 7 to establish a task force on sexual harassment; create requirements for membership and co-chairs; require the task force to meet by September 1, 2018, develop a climate survey for partisan and nonpartisan employees and contractors of the Legislative Research Commission, analyze the data from the survey, and determine future steps. Dec 04, 2017 - Prefiled by the sponsor(s). Jan 02, 2018 - introduced in House; to State Government (H) Feb 27, 2018 - posted in committee Mar 01, 2018 - reported favorably, 1st reading, to Calendar; floor amendment (1) filed Mar 02, 2018 - 2nd reading, to Rules Mar 07, 2018 - posted for passage in the Regular Orders of the Day for Thursday, March 8, 2018 Mar 08, 2018 - floor amendment (2) filed; 3rd reading, passed 86-7 with floor amendment (1) Mar 09, 2018 - received in Senate Mar 12, 2018 - to State & Local Government (S) HB10 (BR40) - K. Imes, S. Wells, C. Morgan, J. Tipton, K. Upchurch AN ACT proposing to amend Section 29 of the Constitution of Kentucky relating to administrative regulations. Propose to amend Section 29 of the Constitution of Kentucky to permit the General Assembly or an agency or committee it creates to review, approve, or disapprove any administrative regulation of the executive branch during or between regular sessions of the General Assembly; submit to the voters for approval or disapproval; supply ballot language. Jun 27, 2017 - Prefiled by the sponsor(s). Jan 02, 2018 - introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H) Jan 03, 2018 - posted in committee Jan 08, 2018 - reported favorably, 1st reading, to Calendar Jan 09, 2018 - 2nd reading, to Rules Jan 17, 2018 - recommitted to Elections, Const. Amendments & Intergovernmental Affairs (H) Feb 07, 2018 - taken from Committee, placed in the Orders of the Day for Thursday, February 8, 2018 Feb 08, 2018 - returned to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 8, 2018; 3rd reading, passed 68-22 Feb 09, 2018 - received in Senate Feb 12, 2018 - to State & Local Government (S)
AN ACT relating to power of attorney. Establish KRS Chapter 457 to adopt portions of the Uniform Power of Attorney Act of 2006; establish definitions for the chapter; provide that the chapter shall apply to all powers of attorney except for certain exceptions; provide that powers of attorney are durable and for their execution; provide a choice-of-law rule for determining the law that governs the meaning and effect of the power of attorney; detail the relationship between a power of attorney and a conservator or guardian; outline when a power of attorney becomes effective; detail when a power of attorney terminates; establish default rules for coagents and successor agents; allow for the reimbursement and compensation of an agent; detail how an agent accepts his or her appointment; outline an agent's duties; provide that a principal can lower the standard of liability for an agent with a few exceptions; establish a list of persons that may petition the court to review the agent's conduct; address when an agent is liable; detail how an agent can resign; provide protections for persons who accept a power of attorney in good faith; impose liability for refusal to accept a power of attorney; clarify that the principles of law and equity supplement the chapter unless displaced by a provision of the chapter; provide that the remedies under the chapter are not exclusive and do not abrogate any other cause of action or remedy; amend KRS 367.93103, relating to funeral planning declarations, to clarify that a funeral declaration included in a will or power of attorney does not invalidate the will or power of attorney; amend KRS 372.140 and 387.530 to conform; repeal KRS 386.093, relating to the effect of incapacity or death on a power of attorney.
HCS1 - Retain original provisions; clarify that a power of attorney terminates if a court appoints a limited conservator, conservator, limited guardian, or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal's property, unless the court specifically provides that it shall remain in effect; provide that a person is not required to accept an acknowledged power of attorney if the person is not otherwise required to engage in a transaction with the principal in the same circumstances; specify that a person that accepts a power of attorney is not liable for his or her good faith reliance on the agent's representation of the scope of authority granted to the agent nor is the person responsible to determine or ensure the proper application of funds or property by the agent; clarify that this chapter does not supersede any other law applicable to financial institutions or other entities and that the other law controls if inconsistent with this chapter; require consideration to be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it when applying and construing this uniform act; clarify the relation of the Electronic Signatures in Global and National Commerce Act and this chapter; specify the effect of this chapter on existing powers of attorney. HFA1(S. Lee) - Require that a power of attorney be signed in the presence of two disinterested witnesses; specify that if a power of attorney is signed in the principal’s conscious presence by another individual that the reason for this method of signing be stated in the power of attorney. HFA2(S. Lee) - Require that a power of attorney be signed in the presence of two disinterested witnesses; specify that if a power of attorney is signed in the principal’s conscious presence by another individual that the reason for this method of signing be stated in the power of attorney. SCS1 - Keep original provisions; clarify that a person authorized by the principal to determine incapacity may access the principal's health-care information solely to determine incapacity, unless the power of attorney provides otherwise; specify that a power of attorney terminates for those power of attorneys that specify a purpose when the purpose of the power of attorney is accomplished. Jan 11, 2018 - introduced in House Jan 17, 2018 - to Judiciary (H) Jan 22, 2018 - posted in committee Feb 07, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1) Feb 08, 2018 - 2nd reading, to Rules; floor amendment (1) filed to Committee Substitute, floor amendment (2) filed to Bill Feb 09, 2018 - posted for passage in the Regular Orders of the Day for Monday, February 12, 2018 Feb 14, 2018 - 3rd reading, passed 94-0 with Committee Substitute and floor amendment (1) Feb 15, 2018 - received in Senate Feb 16, 2018 - to Judiciary (S) Mar 22, 2018 - reported favorably, 1st reading, to Consent Calendar with Committee Substitute (1) Mar 27, 2018 - 2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Thursday, March 29, 2018 HB12 (BR1344) - S. Riley, K. Moser 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. Jan 30, 2018 - introduced in House Feb 01, 2018 - to Health and Family Services (H) Feb 06, 2018 - posted in committee HB21 (BR39) - S. Santoro, L. Belcher, D. Hale, M. Hart, R. Huff, C. Miller, J. Richards, J. Sims Jr, J. Tipton AN ACT relating to Kentucky school bus drivers. Create a new section of KRS Chapter 2 to designate and observe May 1 of every year as "School Bus Driver Day."
HCS1 - Retain original substantive language, eliminating the preamble. HFA1(J. Kay) - Add language to the Whereas clauses emphasizing the importance of fulfilling pension promises to school bus drivers. May 16, 2017 - Prefiled by the sponsor(s). Jan 02, 2018 - introduced in House; to Transportation (H) Jan 23, 2018 - posted in committee Jan 30, 2018 - reported favorably, 1st reading, to Consent Calendar; floor amendment (1) filed Jan 31, 2018 - 2nd reading, to Rules Feb 01, 2018 - posted for passage in the Regular Orders of the Day for Friday, February 2, 2018 Feb 06, 2018 - taken from the Regular Orders of the Day; recommitted to Transportation (H) Feb 27, 2018 - reported favorably, to Rules with Committee Substitute Mar 02, 2018 - posted for passage in the Regular Orders of the Day for Monday, March 5, 2018 Mar 08, 2018 - 3rd reading, passed 92-0 with Committee Substitute Mar 09, 2018 - received in Senate Mar 12, 2018 - to State & Local Government (S)
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