Kentucky 2021 Regular Session Status: Enacted Bipartisan · 9 R · 2 D cosponsors

HB 140 — AN ACT relating to telehealth.

Last action — signed by Governor (Acts Ch. 67)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 11, 2020. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

793 added · 1073 removed

793 line(s) added, 1073 removed.

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UNOFFICIAL COPY 21 RS HB 140/EN AN ACT relating to telehealth.
CHAPTER 67 1 CHAPTER 67 ( HB 140 ) AN ACT relating to telehealth.
Page 1 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (j) Kentucky Board of Licensure and Certification for Dietitians and Nutritionists established by KRS 310.040;
(j) Kentucky Board of Licensure and Certification for Dietitians and Nutritionists established by KRS 310.040;
(5) "Telehealth" or "digital health":
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) "Telehealth" or "digital health":
(a) Means a mode of delivering healthcare services through the use of telecommunication technologies, including but not limited to synchronous and asynchronous technology, remote patient monitoring technology, and Page 2 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN audio-only encounters, by a health care provider to a patient or to another health care provider at a different location;
(a) Means a mode of delivering healthcare services through the use of telecommunication technologies, including but not limited to synchronous and asynchronous technology, remote patient monitoring technology, and audio-only encounters, by a health care provider to a patient or to another health care provider at a different location;
Basic communication between a health care provider and a patient, including but not limited to appointment scheduling, appointment reminders, voicemails, or any other similar communication intended to facilitate the actual provision of healthcare services either in-person or via telehealth;
Basic communication between a health care provider and a patient, including but not limited to appointment scheduling, appointment reminders, voicemails, or any other similar communication intended to facilitate the actual provision of healthcare services either in- person or via telehealth;
Page 3 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (c) Maintain an online telehealth provider directory for consumer use;
(c) Maintain an online telehealth provider directory for consumer use;
Establish minimum requirements for the proper use and security of telehealth including requirements for confidentiality and data integrity, privacy and security, informed consent, privileging and credentialing, reimbursement, and technology;
Establish minimum requirements for the proper use and security of telehealth, including requirements for confidentiality and data integrity, privacy and security, informed consent, privileging and credentialing, reimbursement, and technology;
(3) The cabinet, in consultation with the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services, shall study the impact of telehealth on the health care delivery system in Kentucky and shall submit an annual report to the Legislative Page 4 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN Research Commission no later than December 1 of each year.
(3) The cabinet, in consultation with the Department for Medicaid Services and any managed care organization with whom the department contracts for the delivery of Medicaid services, shall study the impact of telehealth on the health care delivery system in Kentucky and shall submit an annual report to the Legislative Research Commission no later than December 1 of each year.
(c) Reimbursement and delivery of telehealth among all managed care organizations with whom the department contracts for the delivery of Medicaid services;
CHAPTER 67 3 (c) Reimbursement and delivery of telehealth among all managed care organizations with whom the department contracts for the delivery of Medicaid services;
(b) Require prior authorization, medical review, or administrative clearance for Page 5 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN telehealth that would not be required if a service were provided in person;
(b) Require prior authorization, medical review, or administrative clearance for telehealth that would not be required if a service were provided in person;
or Page 6 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (d) That a telehealth provider be licensed in Kentucky, or as allowed under the standards and provisions of a recognized interstate compact, in order to receive reimbursement for telehealth services.
or (d) That a telehealth provider be licensed in Kentucky, or as allowed under the standards and provisions of a recognized interstate compact, in order to receive reimbursement for telehealth services.
(1) Provide[ oversight,] guidance[,] and direction to healthcare[Medicaid ]providers delivering care using telehealth;[.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) Provide[ oversight,] guidance[,] and direction to healthcare[Medicaid ]providers delivering care using telehealth;[.
and (4) Provide the Department for Medicaid Services with any additional information deemed relevant by the division for inclusion in the report required by subsection (2) of Section 2 of this Act.
and (4) Provide the Department for Medicaid Services with any additional information deemed relevant by the division for inclusion in the report required by subsection (3) of Section 2 of this Act.
(1) "Behavioral health professional" means a person authorized to provide mental Page 7 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN health or substance use disorder services under the laws of the Commonwealth;
(1) "Behavioral health professional" means a person authorized to provide mental health or substance use disorder services under the laws of the Commonwealth;
(8)[(7)] "Nursing home" means a facility which provides routine medical care in which physicians regularly visit patients, which provide nursing services and Page 8 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN procedures employed in caring for the sick which require training, judgment, technical knowledge, and skills beyond that which the untrained person possesses, and which maintains complete records on patient care, and which is licensed pursuant to the provisions of KRS 216B.015;
(8)[(7)] "Nursing home" means a facility which provides routine medical care in which physicians regularly visit patients, which provide nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge, and skills beyond that which the untrained person possesses, and which maintains complete records on patient care, and which is licensed pursuant to the provisions of KRS 216B.015;
(15)[(14)] "Public assistance recipient" means a person who has been certified by the Department for Community Based Services of the Cabinet for Health and Family Services as being eligible for, and a recipient of, public assistance under the provisions of this chapter;
CHAPTER 67 5 (15)[(14)] "Public assistance recipient" means a person who has been certified by the Department for Community Based Services of the Cabinet for Health and Family Services as being eligible for, and a recipient of, public assistance under the provisions of this chapter;
(a) Means the delivery of health care-related services by a Medicaid provider who is a health care provider licensed in Kentucky to a Medicaid recipient through Page 9 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN a face-to-face encounter with access to real-time interactive audio and video technology or store and forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation.
(a) Means the delivery of health care-related services by a Medicaid provider who is a health care provider licensed in Kentucky to a Medicaid recipient through a face-to-face encounter with access to real-time interactive audio and video technology or store and forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation.
Page 10 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (1) The Cabinet for Health and Family Services and any [regional ]managed care organization with whom the Department for Medicaid Services contracts for the delivery of Medicaid services [partnership or other entity under contract with the cabinet for the administration or provision of the Medicaid program ]shall provide Medicaid reimbursement for covered[a ]telehealth services and telehealth consultations,[consultation as defined in KRS 205.510 that is] if the telehealth service or telehealth consultation:
(1) The Cabinet for Health and Family Services and any [regional ]managed care organization with whom the Department for Medicaid Services contracts for the delivery of Medicaid services [partnership or other entity under contract with the cabinet for the administration or provision of the Medicaid program ]shall provide Medicaid reimbursement for covered[a ]telehealth services and telehealth consultations,[consultation as defined in KRS 205.510 that is] if the telehealth service or telehealth consultation:
(a) Is provided by a Medicaid-participating practitioner[ who is licensed in Kentucky], including those employed by a home health agency licensed pursuant to KRS Chapter 216, to a Medicaid recipient or another Medicaid- participating practitioner at a different physical location;
(a) Is provided by a Medicaid-participating practitioner[ who is licensed in Kentucky], including those employed by a home health agency licensed pursuant to KRS Chapter 216, to a Medicaid recipient or another Medicaid-participating practitioner at a different physical location;
(2) (a) For rural health clinics, federally qualified health centers, and federally qualified health center look-alikes, reimbursement for covered telehealth services and telehealth consultations shall:[The cabinet shall establish reimbursement rates for telehealth consultations] 1.
(2) (a) For rural health clinics, federally qualified health centers, and federally qualified health center look- alikes, reimbursement for covered telehealth services and telehealth consultations shall:[The cabinet shall establish reimbursement rates for telehealth consultations] 1.
1395m for Medicare-participating providers if the Medicaid beneficiary who received the telehealth service or telehealth consultation was physically located at the rural health clinic, federally qualified health center, or federally qualified health center look-alike at the time of service or consultation delivery and the provider of the telehealth service or telehealth consultation is not employed by the rural health clinic, federally qualified health center, or federally Page 11 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN qualified health center look-alike;
1395m for Medicare-participating providers if the Medicaid beneficiary who received the telehealth service or telehealth consultation was physically located at the rural health clinic, federally qualified health center, or federally qualified health center look-alike at the time of service or consultation delivery and the provider of the telehealth service or telehealth consultation is not employed by the rural health clinic, federally qualified health center, or federally qualified health center look-alike;
If the telehealth service or telehealth consultation provider is employed by the rural health clinic, federally qualified health center, or federally qualified health center look-alike, include a supplemental reimbursement paid by the Department for Medicaid Services in an amount equal to the difference between the actual reimbursement amount paid by a Medicaid managed care organization and the amount that would have been paid if reimbursement had been made directly by the department.
If the telehealth service or telehealth consultation provider is employed by the rural health clinic, federally qualified health center, or federally qualified health center look-alike, include a supplemental reimbursement paid by the Department for Medicaid Services in an amount Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY equal to the difference between the actual reimbursement amount paid by a Medicaid managed care organization and the amount that would have been paid if reimbursement had been made directly by the department.
(3) (a) A health-care facility that receives reimbursement under this section for consultations provided by a Medicaid-participating provider who practices in Page 12 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN that facility and a health professional who obtains a consultation under this section shall establish quality-of-care protocols, which may include a requirement for an annual in-person or face-to-face consultation with a patient who receives telehealth services, and patient confidentiality guidelines to ensure that telehealth consultations meet all requirements and patient care standards as required by law.
(3) (a) A health-care facility that receives reimbursement under this section for consultations provided by a Medicaid-participating provider who practices in that facility and a health professional who obtains a consultation under this section shall establish quality-of-care protocols, which may include a requirement for an annual in-person or face-to-face consultation with a patient who receives telehealth services, and patient confidentiality guidelines to ensure that telehealth consultations meet all requirements and patient care standards as required by law.
(4) The cabinet shall not require a telehealth consultation if an in-person consultation with a Medicaid-participating provider is reasonably available where the patient resides, works, or attends school or if the patient prefers an in-person consultation.
(4) The cabinet shall not require a telehealth consultation if an in-person consultation with a Medicaid- participating provider is reasonably available where the patient resides, works, or attends school or if the patient prefers an in-person consultation.
Page 13 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN 2.
2.
(b) "Federally qualified health center look-alike" means an organization that meets all of the eligibility requirements of a federally qualified health center but does not receive federal grants issued pursuant to 42 U.S.C.
CHAPTER 67 7 (b) "Federally qualified health center look-alike" means an organization that meets all of the eligibility requirements of a federally qualified health center but does not receive federal grants issued pursuant to 42 U.S.C.
Promulgate administrative regulations in accordance with KRS Chapter 13A to establish requirements for telehealth coverage and Page 14 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN reimbursement rates, which shall be equivalent to coverage requirements and reimbursement rates for the same service provided in person unless the telehealth provider and the department or a managed care organization contractually agree to a lower reimbursement rate for telehealth services;
Promulgate administrative regulations in accordance with KRS Chapter 13A to establish requirements for telehealth coverage and reimbursement rates, which shall be equivalent to coverage requirements and reimbursement rates for the same service provided in person unless the telehealth provider and the department or a managed care organization contractually agree to a lower reimbursement rate for telehealth services;
Page 15 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (a) Require a Medicaid provider to be physically present with a Medicaid recipient, unless the provider determines that it is medically necessary to perform those services in person;
(a) Require a Medicaid provider to be physically present with a Medicaid recipient, unless the provider determines that it is medically necessary to perform those services in person;
(4) [The Medicaid program or a Medicaid managed care organization shall require a telehealth provider to be licensed in Kentucky in order to receive reimbursement for telehealth services.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (4) [The Medicaid program or a Medicaid managed care organization shall require a telehealth provider to be licensed in Kentucky in order to receive reimbursement for telehealth services.
A deductible, copayment, or coinsurance applicable to a particular service provided through Page 16 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN telehealth shall not exceed the deductible, copayment, or coinsurance required by the Medicaid program for the same service provided in person.
A deductible, copayment, or coinsurance applicable to a particular service provided through telehealth shall not exceed the deductible, copayment, or coinsurance required by the Medicaid program for the same service provided in person.
(6)[(8)] The cabinet, in implementing Sections 2 and 3 of this Act, shall maintain telehealth policies and guidelines to providing care that ensure that Medicaid- eligible citizens will have safe, adequate, and efficient medical care, and that prevent waste, fraud, and abuse of the Medicaid program.
(6)[(8)] The cabinet, in implementing Sections 2 and 3 of this Act, shall maintain telehealth policies and guidelines to providing care that ensure that Medicaid-eligible citizens will have safe, adequate, and efficient medical care, and that prevent waste, fraud, and abuse of the Medicaid program.
(3) "Base premium rate" means, for each class of business as to a rating period, the Page 17 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN lowest premium rate charged or that could have been charged under the rating system for that class of business by the insurer to the individual or small group, or employer as defined in KRS 304.17A-0954, with similar case characteristics for health benefit plans with the same or similar coverage;
(3) "Base premium rate" means, for each class of business as to a rating period, the lowest premium rate charged or that could have been charged under the rating system for that class of business by the insurer to the individual or small group, or employer as defined in KRS 304.17A-0954, with similar case characteristics for health benefit plans with the same or similar coverage;
300gg- 91(d)(3);
300gg-91(d)(3);
(8) "Creditable coverage":
CHAPTER 67 9 (8) "Creditable coverage":
Title XIX of the Social Security Act, other than coverage consisting Page 18 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN solely of benefits under section 1928;
Title XIX of the Social Security Act, other than coverage consisting solely of benefits under section 1928;
(10) "Employee benefit plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and Page 19 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN an employee pension benefit plan as defined by ERISA;
(10) "Employee benefit plan" means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan as defined by ERISA;
(a) Any entity that was qualified by the commissioner as an eligible association prior to April 10, 1998, and that has actively marketed a health insurance program to its members since September 8, 1996, and which is not insurer- controlled;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Any entity that was qualified by the commissioner as an eligible association prior to April 10, 1998, and that has actively marketed a health insurance program to its members since September 8, 1996, and which is not insurer-controlled;
Page 20 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (b) Any entity organized under KRS 247.240 to 247.370 that has actively marketed health insurance to its members and that is not insurer-controlled;
(b) Any entity organized under KRS 247.240 to 247.370 that has actively marketed health insurance to its members and that is not insurer-controlled;
(13) "Employer-organized association health insurance plan" means any health insurance plan, policy, or contract issued to an employer-organized association, or to a trust established by one (1) or more employer-organized associations, or providing coverage solely for the employees, retired employees, directors and their spouses Page 21 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN and dependents of the members of one (1) or more employer-organized associations;
(13) "Employer-organized association health insurance plan" means any health insurance plan, policy, or contract issued to an employer-organized association, or to a trust established by one (1) or more employer-organized associations, or providing coverage solely for the employees, retired employees, directors and their spouses and dependents of the members of one (1) or more employer-organized associations;
(j) Benefits for long-term care, nursing home care, home health care, community- based care, or any combination thereof;
(j) Benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
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Page 22 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (p) Coverage similar to that in paragraphs (n) and (o) of this subsection that is supplemental to coverage under a group health plan;
(p) Coverage similar to that in paragraphs (n) and (o) of this subsection that is supplemental to coverage under a group health plan;
and (q) Health flexible spending arrangements;
and CHAPTER 67 11 (q) Health flexible spending arrangements;
Did not elect family coverage that was available through the association Page 23 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN or group market;
Did not elect family coverage that was available through the association or group market;
Nonprofit hospital, medical-surgical, and health service corporation Page 24 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN contract or certificate;
Nonprofit hospital, medical-surgical, and health service corporation contract or certificate;
5.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 5.
Page 25 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN 9.
9.
(26) (a) "High-cost condition," pursuant to the Kentucky Guaranteed Acceptance Program, means a covered condition in an individual policy as listed in Page 26 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN paragraph (c) of this subsection or as added by the commissioner in accordance with KRS 304.17A-280, but only to the extent that the condition exceeds the numerical score or rating established pursuant to uniform underwriting standards prescribed by the commissioner under paragraph (b) of this subsection that account for the severity of the condition and the cost associated with treating that condition.
(26) (a) "High-cost condition," pursuant to the Kentucky Guaranteed Acceptance Program, means a covered condition in an individual policy as listed in paragraph (c) of this subsection or as added by the commissioner in accordance with KRS 304.17A-280, but only to the extent that the condition exceeds CHAPTER 67 13 the numerical score or rating established pursuant to uniform underwriting standards prescribed by the commissioner under paragraph (b) of this subsection that account for the severity of the condition and the cost associated with treating that condition.
(27) "Index rate" means, for each class of business as to a rating period, the arithmetic average of the applicable base premium rate and the corresponding highest premium Page 27 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN rate;
(27) "Index rate" means, for each class of business as to a rating period, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate;
The individual market includes an association plan that is not employer-related, issued to individuals on an individually underwritten basis, other than an employer-organized association or a bona fide association;
The individual market includes an association plan that is not employer- related, issued to individuals on an individually underwritten basis, other than an employer-organized association or a bona fide association;
self- insurer, including a governmental plan, church plan, or multiple employer welfare arrangement, not exempt from state regulation by ERISA;
self-insurer, including a governmental plan, church plan, or multiple employer welfare arrangement, not exempt from state regulation by ERISA;
Page 28 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (33) "Managed care" means systems or techniques generally used by third-party payors or their agents to affect access to and control payment for health care services and that integrate the financing and delivery of appropriate health care services to covered persons by arrangements with participating providers who are selected to participate on the basis of explicit standards for furnishing a comprehensive set of health care services and financial incentives for covered persons using the participating providers and procedures provided for in the plan;
(33) "Managed care" means systems or techniques generally used by third-party payors or their agents to affect access to and control payment for health care services and that integrate the financing and delivery of appropriate health care services to covered persons by arrangements with participating providers who are selected to participate on the basis of explicit standards for furnishing a comprehensive set of health care services and financial incentives for covered persons using the participating providers and procedures provided for in the plan;
(a) Individual;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (a) Individual;
Page 29 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (39) "Provider-sponsored integrated health delivery network" means any provider- sponsored integrated health delivery network created and qualified under KRS 304.17A-300 and KRS 304.17A-310;
(39) "Provider-sponsored integrated health delivery network" means any provider-sponsored integrated health delivery network created and qualified under KRS 304.17A-300 and KRS 304.17A-310;
(a) Means the delivery of health care-related services by a health care provider Page 30 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN who is licensed in Kentucky to a patient or client through a face-to-face encounter with access to real-time interactive audio and video technology or store and forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation.
(a) Means the delivery of health care-related services by a health care provider who is licensed in Kentucky to a patient or client through a face-to-face encounter with access to real-time interactive audio and video technology or store and forward services that are provided via asynchronous technologies as the standard practice of care where images are sent to a specialist for evaluation.
and (c) Shall be delivered over a secure communications connection that complies with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.
and CHAPTER 67 15 (c) Shall be delivered over a secure communications connection that complies with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.
and Page 31 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (f) "Rural health clinic" means the same as in 42 U.S.C.
and (f) "Rural health clinic" means the same as in 42 U.S.C.
(2) (a) A health benefit plan, issued or renewed on or after the effective date of this section, shall reimburse for covered services provided to an insured person through telehealth, including telehealth services provided by a home health agency licensed under KRS Chapter 216[ as defined in KRS 304.17A-005].
(2) (a) A health benefit plan, issued or renewed on or after the effective date of this section, shall reimburse for covered services provided to an insured person through telehealth, including telehealth services provided by a home health agency licensed under KRS Chapter 216[ as defined in KRS 304.17A- 005].
(b) Rural health clinics, federally qualified health centers, and federally qualified health center look-alikes shall be reimbursed as an originating site in an amount equal to that which is permitted under 42 U.S.C.
(b) Rural health clinics, federally qualified health centers, and federally qualified health center look- alikes shall be reimbursed as an originating site in an amount equal to that which is permitted under U.S.C.
1395m for Medicare-participating providers, if the insured was physically located at the rural health clinic, federally qualified health center, or federally qualified health center look-alike at the time of service or consultation delivery and the provider of the telehealth service or telehealth consultation is not employed by the rural health clinic, federally qualified health center, or federally qualified health center look-alike.
1395m for Medicare-participating providers, if the insured was physically located at the rural health clinic, federally qualified health center, or federally qualified health center look- alike at the time of service or consultation delivery and the provider of the telehealth service or telehealth consultation is not employed by the rural health clinic, federally qualified health center, or federally qualified health center look-alike.
Page 32 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN 3.
3.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
and (c) May utilize audits for medical coding accuracy in the review of telehealth services specific to audio-only encounters.
and (c) May utilize audits for medical coding accuracy in the review of telehealth services specific to audio- only encounters.
Page 33 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN (4)[(2) A health benefit plan shall require a telehealth provider to be licensed in Kentucky in order to receive reimbursement for telehealth services.
(4)[(2)A health benefit plan shall require a telehealth provider to be licensed in Kentucky in order to receive reimbursement for telehealth services.
Referral for evaluation may be made Page 34 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN whenever a medical question is at issue.
Referral for evaluation may be made whenever a medical question is at issue.
(5) Upon claims in which it is finally determined that the injured worker was not the employee at the time of injury of an employer covered by this chapter, the special fund shall reimburse the carrier for any evaluation performed pursuant to this section for which the carrier has been erroneously compelled to make payment.
CHAPTER 67 17 (5) Upon claims in which it is finally determined that the injured worker was not the employee at the time of injury of an employer covered by this chapter, the special fund shall reimburse the carrier for any evaluation performed pursuant to this section for which the carrier has been erroneously compelled to make payment.
(6) Not less often than annually the designee of the secretary of the Cabinet for Health Page 35 of 36 XXXX Engrossed UNOFFICIAL COPY 21 RS HB 140/EN and Family Services shall assess the performance of the medical schools and render findings as to whether evaluations conducted under this section are being rendered in a timely manner, whether examinations are conducted in accordance with medically recognized techniques, whether impairment ratings are in conformity with standards prescribed by the "Guides to the Evaluation of Permanent Impairment," and whether coal workers' pneumoconiosis examinations are conducted in accordance with the standards prescribed in this chapter.
(6) Not less often than annually the designee of the secretary of the Cabinet for Health and Family Services shall assess the performance of the medical schools and render findings as to whether evaluations conducted under this section are being rendered in a timely manner, whether examinations are conducted in accordance with medically recognized techniques, whether impairment ratings are in conformity with standards prescribed by the "Guides to the Evaluation of Permanent Impairment," and whether coal workers' pneumoconiosis examinations are conducted in accordance with the standards prescribed in this chapter.
Page 36 of 36 XXXX Engrossed
Signed by Governor March 22, 2021.
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Action History

  1. signed by Governor (Acts Ch. 67)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. passed 91-0

  6. House concurred in Senate Committee Substitute

  7. posted for passage for concurrence in Senate Committee Substitute

  8. to Rules (H)

  9. received in House

  10. 3rd reading, passed 35-0 with Committee Substitute

  11. posted for passage in the Regular Orders of the Day for Friday, March 5, 2021

  12. 2nd reading, to Rules

  13. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  14. to Health & Welfare (S)

  15. received in Senate

  16. 3rd reading, passed 95-0 with Committee Substitute and floor amendments (1) and (4)

  17. floor amendment (4) filed to Committee Substitute

  18. posted for passage in the Regular Orders of the Day for Thursday, February 11, 2021

  19. floor amendments (1), (2) and (3) filed to Committee Substitute

  20. 2nd reading, to Rules

  21. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  22. posted in committee

  23. to Health and Family Services (H)

  24. to Committee on Committees (H)

  25. introduced in House

  26. Prefiled by the sponsor(s).

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 122 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (122)

122 members have not signed on to this bill.

Show all 122 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage

Passed 91 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 49003
Unaffiliated 34006
Democrat 8000
Total 91009
% of votes cast 91%0%0%9%
How each member voted (100)
Member Party Vote
Fischer — Yea
Jenkins — Yea
Meredith — Yea
Santoro — Yea
Bechler — Yea
Scott — Yea
Bentley — Yea
Sheldon — Yea
Flood — Yea
Minter — Yea
Smith — Yea
Koenig — Yea
Goforth — Yea
Palumbo — Yea
Graham — Yea
Timoney — Yea
Burch — Yea
Pratt — Yea
Prunty — Yea
Cantrell — Yea
Hatton — Yea
Heath — Yea
Massey — Yea
Westrom — Yea
Dixon — Yea
Wheatley — Yea
Donohue — Yea
McCoy — Yea
Rowland — Yea
DuPlessis — Not Voting
Raymond — Not Voting
Webber — Not Voting
Carney — Not Voting
Meeks — Not Voting
Thomas — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Not Voting
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Not Voting
John Blanton Republican Not Voting
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS HB 140 w/ scs1

Passed 35 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Republican 16001
Democrat 2000
Total 35003
% of votes cast 92%0%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Thomas — Yea
Hornback — Yea
Parrett — Yea
Turner — Yea
Buford — Yea
Kerr — Yea
Schickel — Yea
Schroder — Yea
Westerfield — Yea
Castlen — Yea
McGarvey — Yea
Southworth — Yea
Embry — Yea
Meredith — Yea
Yates — Yea
Thayer — Yea
Smith — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Not Voting
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 95 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 51001
Unaffiliated 36005
Democrat 8000
Total 95006
% of votes cast 94%0%0%6%
How each member voted (101)
Member Party Vote
DuPlessis — Yea
Meredith — Yea
Santoro — Yea
Bechler — Yea
Fischer — Yea
Jenkins — Yea
Scott — Yea
Bentley — Yea
Sheldon — Yea
Minter — Yea
Smith — Yea
Flood — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Burch — Yea
Pratt — Yea
Timoney — Yea
Graham — Yea
Prunty — Yea
Cantrell — Yea
Raymond — Yea
Dixon — Yea
Hatton — Yea
Massey — Yea
Westrom — Yea
Donohue — Yea
Heath — Yea
Wheatley — Yea
McCoy — Yea
Rowland — Yea
Carney — Not Voting
Goforth — Not Voting
Meeks — Not Voting
Webber — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Not Voting
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

healthcare health-insurance technology
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Frequently asked questions

Who sponsors HB 140?
HB 140 is sponsored by Deanna Gordon (Republican), Kimberly Poore Moser (Republican), Tina Bojanowski (Democrat), Ryan Dotson (Republican), C. Massey, J. Miller, K. Timoney, S. Westrom, B. Wheatley, Lisa Willner (Democrat), T.J. Roberts (Republican), Thomas Huff (Republican), and Ken Fleming (Republican).
What is the current status of HB 140?
This bill has been enacted into law. Introduced December 11, 2020. Enacted.
Where can I track HB 140?
Track HB 140 free on One Click Politics — get push/email alerts when it moves.

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