HB 349 — AN ACT relating to legislative committees.

UNOFFICIALCHAPTER COPY124 211 RSCHAPTER 124 ( HB 349/GA349 ) AN ACT relating to legislative committees.

The report may specify the commission's findings regarding the administrative regulation, including an identification and estimate of the number of small businesses subject to the administrative regulation, the projected reporting, recordkeeping, and other administrative costs required for compliance with the administrative regulation, and any Page 1 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA suggestions the commission has for reducing the regulatory burden on small businesses through the use of tiering or exemptions, in accordance with KRS 13A.210.

The board of directors of the Employers' Mutual Insurance Authority, the commissioner of the Department of Workers' Claims, and the commissioner of the Department of Insurance shall develop a plan, which shall be Page 2 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA reviewed by the Economic Development and Workforce Investment[Labor and Industry] Committee and the Banking and Insurance Committee of the General Assembly, for the orderly and equitable phase-out of the KWCIP.

The plan developed shall include procedures for application and transfer of the insureds in the KWCIP to the authority, who shall be subject to the qualifications and conditions of coverage required in KRS 342.801 to 342.843 and this Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY section.

Page 3 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA (b) The secretary is authorized to obtain funding through any commercially reasonable means for the benefit of the unemployment compensation administration fund, including reasonable expenses, so long as the debt, note, security, or obligations are payable solely from the surcharge proceeds, revenues, or funds and accounts specifically authorized for such purpose under this chapter.

As a party to any such agreement, the secretary may accept money, service or quarters as Page 4 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA a contribution to the unemployment compensation administration fund.

The commissioner shall consider these recommendations and, not later than thirty (30) days after their receipt, CHAPTER 124 3 promulgate a regulation which shall be effective on an emergency basis, to effect a twenty-five percent (25%) reduction in the total medical costs within the program.

(2) No provider of medical services or treatment required by this chapter, its agent, servant, employee, assignee, employer, or independent contractor acting on behalf of any medical provider, shall knowingly collect, attempt to collect, coerce, or attempt to coerce, directly or indirectly, the payment of any charge, for services Page 5 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA covered by a workers' compensation insurance plan for the treatment of a work-work-related related injury or occupational disease, in excess of that provided by a schedule of fees, or cause the credit of any employee to be impaired by reason of the employee's failure or refusal to pay the excess charge.

Page 6 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA (5) (a) To ensure compliance with subsections (1) and (4) of this section, the commissioner shall promulgate administrative regulations by December 31, 1994, which require each insurance carrier, self-insured group, and self-self-insured insured employer to certify to the commissioner the program or plan it has adopted to ensure compliance.

(d) Periodically, or upon request, the commissioner shall report to the Interim Joint Committee on Economic Development and Workforce Investment[Labor and Industry] of the Legislative Research Commission or to the corresponding standing committees of the General Assembly, as Page 7 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA appropriate, the degree of compliance or lack of compliance with the provisions of this section and make recommendations thereon.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) For purposes of this chapter, any medical provider shall charge only its customary fee for photocopying requested documents.

(8) (a) The commissioner shall develop or adopt practice parameters or evidence-evidence-based based treatment guidelines for medical treatment for use by medical providers under this chapter, including but not limited to chronic pain management treatment and opioid use, and promulgate administrative regulations in order to implement the developed or adopted practice parameters or evidenced-evidenced-based based treatment guidelines on or before December 31, 2019.

The commissioner may adopt any parameters for medical treatment as developed and updated by the federal Agency for Health Care Policy Research, or the commissioner may adopt other parameters for medical treatment which are developed by qualified bodies, as determined by the commissioner, with Page 8 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA periodic updating based on data collected during the application of the parameters.

(1) The Kentucky Workers' Compensation Funding Commission is created as an Page 9 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA agency of the Commonwealth for the public purpose of controlling, investing, and managing the funds collected pursuant to KRS 342.122.

(d) Recommend to the General Assembly, not later than October 31 of the year prior to each even-numbered-yeareven- numbered-year regular legislative session, changes deemed necessary in the level of the assessments imposed in this chapter;

CHAPTER 124 5 (e) In conjunction with the Labor Cabinet, submit to the General Assembly, not later than October 31 of the year prior to each even-numbered-year regular legislative session, a proposed budget for the biennium beginning July 1 following the even-numbered-year regular session of the General Assembly;

(g) Conduct periodic audits, independently or in cooperation with the Labor Page 10 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA Cabinet or the Department of Revenue, of all entities subject to the assessments imposed in this chapter;

The Kentucky Workers' Compensation Page 11 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA Funding Commission may procure one (1) or more consulting firms and enter into a personal service contract with such consulting firms to provide investment advisory, investment counseling, or investment management services.

(2) The Governor shall appoint, with the consent of the Senate in accordance with KRS 11.160 for a term of four (4) years, not more than nineteen (19) administrative law judges, each of whom shall be an attorney and shall have five (5) years' experience in the Commonwealth in the practice of workers' compensation law or a related field, and extensive knowledge of workers' compensation law, and shall be paid the Page 12 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA same salary as a Circuit Judge.

The Governor, at least thirty (30) days Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY prior to the expiration of a term of an administrative law judge, shall provide the name of the individual whom he intends to appoint to the position to the chairman of the Senate Economic Development and Workforce Investment[Labor and Industry] Committee.

and methods and procedures for writing well-reasoned,well- reasoned, clear, correct, and concise opinions, orders, or awards.

In addition, an administrative law judge or a member of the board may be removed for the persistent or repeated failure to perform satisfactorily the specific duties assigned in this chapter, including the requirement of timely disposition of cases, review of attorney's fees, and failure to Page 13 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA attend training and continuing education programs required by this section.

Page 14 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA Section 8.

(1) Notwithstanding the provisions of KRS 342.340, KRS 342.350, or any administrative regulations promulgated pursuant to those provisions, the commissioner shall annually review the adequacy of the financial or other security requirements contained in administrative regulations, promulgated pursuant to the individual self-insuranceself- insurance provisions in this chapter.

CHAPTER 124 7 Section 9.

Funds to reimburse the Attorney General's office for expenses incurred in litigation and administration in defense of the uninsured employers' fund shall be transferred Page 15 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA upon request of the Attorney General's office and approval by the secretary of the Labor Cabinet.

(4) The manager shall develop statistical and other information as necessary to Page 16 of 17 HB034910.100 - 1342 - XXXX GA UNOFFICIAL COPY 21 RS HB 349/GA distinguish its writings in the voluntary market, and its writings as a market of last resort.

(6) Any and all rates, whether for the voluntary market or the market of last resort, established by the board are deemed competitive and shall be filed with the commissioner of insurance in accordance with KRS Chapter 304 in the same manner as any other mutual insurance company writing workers' compensation in the Commonwealth.

PageSigned 17by ofGovernor 17March HB034910.10025, -2021. 1342 - XXXX GA

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