BR 67 - Representative Tom Burch (11/23/10)
AN ACT relating to the reporting of deaths in nursing homes.
Create a new section of KRS 216 to require each long term care facility or hospice facility to require a
designated reporter to report all deaths to the appropriate coroner or medical examiner within 24 hours, in
the case of a resident dying while away from the facility the report is required within 24 hours of the facility
receiving notification of the death; require coroners or medical examiners to accept the report and, upon
finding reasonable cause to suspect death as a result of maltreatment, to continue the investigation as a
coroner's case, as a police report or as a report to the appropriate Commonwealth's attorney; amend KRS
216B.990 to create a Class C misdemeanor for the first offense when a designated reporter fails to report a
death and a Class B misdemeanor for subsequent offenses; create a fine of $200 per week for long term
care facilities that fail to designate an employee as the designated reporter; create a new section of KRS
Chapter 431 to require the Attorney General to establish a Kentucky Multidisciplinary Commission on Adult
Abuse and Neglect, require each investigation of a death in a nursing home to be conducted by a
specialized multidisciplinary team, require local protocols to be developed in each county or by contiguous
county groups specifying how state protocols are to be followed; amend KRS 216B.590 to require surveyors
and investigators to undergo at least 2 hours of training surrounding evidence preservation following a death
in a nursing home due to suspected abuse or neglect; create a new section of KRS chapter 216 to require
each long term care facility to conduct a three hour Attorney General-approved training session every 2
years covering the prevention of adult abuse and neglect; amend KRS 209.990 to make failure to report the
abuse or neglect of an adult a Class A misdemeanor.
BR 68 - Representative Larry Clark (08/24/10)
AN ACT relating to continuity of health care.
Amend KRS 304.17A-500 to define “acute-care hospital" for health insurance purposes; amend KRS
304.17A-527 to require that an agreement between a managed care plan and an acute-care hospital shall
include provisions for a term of not less than three years, a six-month notice to the plan and the
commissioner of the Department of Insurance by the acute-care hospital prior to termination or nonrenewal,
procedures to ensure continuity of care for covered persons not less than 30 days prior to termination, no
less than 20 days’ notice prior to termination by the managed care plan to the covered person of the
procedures to follow for continuity of care, including an expedited internal appeal process and an expedited
external appeal if necessary, and a requirement mediation or binding arbitration between the managed care
plan and the acute-care hospital for any dispute regarding a covered person's access to continuity of care in
the event of termination or nonrenewal of the provider agreement; amend KRS 304.17B-001 to conform.
(Prefiled by the sponsor(s).)
To: Interim Joint Committee on Banking and Insurance
BR 94 - Representative Terry Mills (11/17/10)
AN ACT relating to compulsive gambling and making an appropriation therefor.
Create new sections of KRS Chapter 222 to establish the compulsive gamblers awareness and treatment
fund; amend KRS 222.005 to define "pathological gambling" and “problem gambling"; direct the use of funds
and limit annual administrative costs to $50,000; establish the Compulsive Awareness and Treatment Fund
Advisory Council; establish the council's membership and responsibilities; require the Cabinet for Health and
Family Services to promulgate administrative regulations to develop standards, establish a funding and
application process, certify disbursement of funds, and report annually; amend KRS 138.510 to provide
funding from the total amount wagered in Kentucky; amend KRS 154A.130 to provide funding from the gross
revenues of the state lottery; amend 238.570 to provide funding from the gross receipts from all charitable
gaming; amend KRS 164.7871 to conform; amend KRS 222.001, 222.003, and 222.005 to define terms and
to conform.
(Prefiled by the sponsor(s).)
BR 181 - Representative Brad Montell (11/17/10)
AN ACT relating to the exclusion of abortion coverage for health insurance exchanges.
Establish Subtitle 17D of KRS Chapter 304 and create a new section to define “abortion,” “elective
abortion," and “health benefit exchange"; create a new section to prohibit qualified health benefit plans in
Kentucky from offering abortion coverage through a health benefit exchange but permit individuals to
purchase optional supplemental coverage for elective abortions outside of the state exchange if a separate
premium is paid for the coverage; set forth provisions regarding the calculation of the premium, per enrollee,
for elective abortion coverage; set forth provisions regarding signature and notice requirements; prohibit an
issuer of elective abortion coverage from discounting or reducing the premium paid for other coverage based
on the fact an individual has elective abortion coverage.
