HB 56 — AN ACT relating to mental health services.

UNOFFICIALCHAPTER COPY184 231 RSCHAPTER 184 ( HB 56/EN56 ) AN ACT relating to mental health services.

and (7) "Regional community services program" means a community services program for mental health or individuals with an intellectual disability established in accordance with this chapter, a community mental health center, a certified community behavioral health clinic, or a certified eligible community behavioral Page 1 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN health clinic.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (i) Regional service area nine (9), which shall include the counties of Rowan, Bath, Montgomery, Menifee, and Morgan;

(j) Regional service area ten (10), which shall include the counties of Greenup, Page 2 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN Boyd, Carter, Elliott, and Lawrence;

(a) A regional community services program may provide services outside of its regional service area as established in subsection (1) of this section, but Page 3 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN when doing so, the regional community services program shall be considered, including by the cabinet, to be operating as a behavioral health services organization and not a regional community services program.

(b) Beginning on the effective date of this Act, the provisions of this subsection shall apply to any expansion of current out-of-region services including the provision of additional services in an out-of-regionout- of-region county in which the regional community services program is providing services on the effective date of this Act and any expansion of services into an out-of-region county in which the regional community services program is not providing services Page 4 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN on the effective date of this Act.

CHAPTER 184 3 1.

(b) If the secretary receives joint notification from a regional community services program assigned to serve a specific county pursuant to subsection (1) of this section and a regional community services program whose region as established in subsection (1) of this section is contiguous to the region in Page 5 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN which the county lies requesting that the regional community services program from the contiguous region be permitted to continue to provide an array of services that it was providing in the county in question on the effective date of this Act, the secretary shall approve and recognize the collaborative request.

Page 6 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN (2) The services required in subsection (1)(a), (b), (c), (d), and (e) of this section, in addition to primary care services, if provided, shall be available to the mentally ill, drug abusers and alcohol abusers, and all age groups including children and the elderly.

Within the limitations of any appropriation therefor, the provision of complete upper and lower dentures to Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY recipients of Medical Assistance Program benefits who have their teeth removed by a dentist resulting in the total absence of teeth shall be a mandatory class in the scope of medical care.

The selection of another class or other classes of medical care shall be recommended by the council to the secretary for health and family services after taking into consideration, among other things, the amount of federal and state funds available, the most essential needs of recipients, and the meeting of such need on a basis insuring the greatest amount of medical care as defined in KRS 205.510 consonant with the funds available, including but not limited to the following categories, Page 7 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN except where the aid is for the purpose of obtaining an abortion:

Page 8 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN 13.

CHAPTER 184 5 25.

and (g) Nonprofit neighborhood health organizations or clinics where some or all of the medical services are provided by licensed registered nurses or by advanced medical students presently enrolled in a medical school accredited Page 9 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN by the Association of American Medical Colleges and where the students or licensed registered nurses are under the direct supervision of a licensed physician who rotates his services in this supervisory capacity between two (2) or more of the nonprofit neighborhood health organizations or clinics specified in this paragraph.

In determining the rates of reimbursement for long-term-carelong- term-care facilities participating in the Medical Assistance Program, the Cabinet for Health and Family Services shall, to the extent permitted by federal law, not allow the following items to be considered as a cost to the facility for purposes of reimbursement:

Costs for additional motor vehicles, not to exceed a total of three (3) per facility, may be approved by the Cabinet for Health and Family Services if the facility demonstrates that each additional vehicle is necessary for the Page 10 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN operation of the facility as required by regulations of the cabinet;

A relationship shall be considered to exist when Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY an individual, including brothers, sisters, father, mother, aunts, uncles, and in-laws, possesses a total of five percent (5%) or more of ownership equity in the facility and the supplying business.

An exception to the relationship shall exist if fifty-one percent (51%) or more of the supplier's Page 11 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN business activity of the type carried on with the facility is transacted with persons and organizations other than the facility and its related organizations.

(7) To the extent permitted by federal law, no medical assistance recipient shall be recertified as qualifying for a level of long-term care below the recipient's current level, unless the recertification includes a physical examination conducted by a Page 12 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN physician licensed pursuant to KRS Chapter 311 or by an advanced practice registered nurse licensed pursuant to KRS Chapter 314 and acting under the physician's supervision.

No person shall be removed or discharged from any facility solely because they became eligible for participation in the Medical Assistance Program, unless the facility can demonstrate the resident or the resident's responsible party was fully notified in writing that the resident was Page 13 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN being admitted to a bed not certified for Medicaid reimbursement.

CHAPTER 184 7 (11) The Cabinet for Health and Family Services shall make payments under the Medical Assistance program for services which are within the lawful scope of practice of a chiropractor licensed pursuant to KRS Chapter 312, to the extent the Medical Assistance Program pays for the same services provided by a physician.

Page 14 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN (b) Within forty-five (45) days of receiving a correct and complete provider application, the Department for Medicaid Services shall complete the enrollment process by either denying or approving and issuing a Provider Identification Number (PID) for a behavioral health provider who provides substance use disorder services, unless the department notifies the provider that additional time is needed to render a decision for resolution of an issue or dispute.

Page 15 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN Section 5.

or (d) Other specified stress-related disorder, but shall not include complex post-post-traumatic traumatic stress disorder;

Beginning with the fiscal year 1994-95, through Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY June 30, 1999, moneys remaining in the account at the end of the fiscal year in excess of three million dollars ($3,000,000) shall lapse, but moneys in the revolving loan fund established in KRS 95A.262 shall not lapse.

(5)[(4)] (a) A [post-traumatic ]stress injury that arises solely from a legitimate personnel action such as transfer, promotion, demotion, or termination shall Page 16 of 17 HB005620.100 - 297 - XXXX 3/30/2023 9:13 PM Engrossed UNOFFICIAL COPY 23 RS HB 56/EN not be considered a compensable injury.

(c)[(d)] Once diagnosed, if a firefighter seeks mental health treatment, after in-in-network network health insurance has been utilized, he or she may submit corresponding receipts for medical bills paid by the firefighter to the commission for reimbursement to the firefighter of out-of-pocket costs incurred from the funds specifically allocated in the commission's budget for firefighter mental health treatment, if applicable.

PageSigned 17by ofGovernor 17April HB005620.1006, -2023. 297 - XXXX 3/30/2023 9:13 PM Engrossed